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MUNICIPAL AND COUNTY OFFICIALS ATTENDANCE AT

2     
SCHOOL DISTRICT BOARD MEETINGS

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2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Wayne A. Harper

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House Sponsor: Rich Cunningham

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8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to open and closed meetings of school district
11     boards.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies provisions relating to school district board meetings that a mayor or county
15     executive or county manager, or designee, may attend.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53A-3-409, as last amended by Laws of Utah 2009, Chapter 207
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53A-3-409 is amended to read:
26          53A-3-409. Local governmental entities and school districts -- Contracts and
27     cooperation -- Disbursement of funds -- Municipal and county representative
28     participation in school district board meetings -- Notice required.
29          (1) Local governmental entities and school districts may contract and cooperate with
30     one another in matters affecting the health, welfare, education, and convenience of the
31     inhabitants within their respective territorial limits.
32          (2) A local governmental entity may disburse public funds in aid of a school district
33     located wholly or partially within the limits of its jurisdiction.
34          [(3) (a) A mayor or the mayor's designee of a municipality that is partly or entirely
35     within the boundaries of a school district and the county commission chair, county executive,
36     or county manager, or their designee, of a county with unincorporated area within the
37     boundaries of a school district may attend and participate in the board discussions at the school
38     district's board meetings.]
39          (3) (a) As used in this Subsection (3):
40          (i) "Interested county executive" means the county executive or county manager of a
41     county with unincorporated area within the boundary of a school district, or the designee of the
42     county executive or county manager.
43          (ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
44     within the boundary of a school district, or the mayor's designee.
45          (b) A school district board shall allow an interested mayor and interested county
46     executive to attend and participate in the board discussions at a school district board meeting
47     that is open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
48          (c) An interested county executive and interested mayor may attend and participate in
49     board discussions at a school district board meeting that is closed to the public under Title 52,
50     Chapter 4, Open and Public Meetings Act, if:
51          (i) the school district board invites the interested county executive or interested mayor
52     to attend and participate; and
53          (ii) for a closed meeting held for the purpose of discussing the board's disposition or
54     acquisition of real property, the interested county executive or interested mayor does not have a
55     conflict of interest with respect to the real estate disposition or acquisition.
56          (d) (i) A county or municipality may enter into an agreement with a school district
57     under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
58     interested county executive or interested mayor at a school district board meeting.
59          (ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
60     provisions of this Subsection (3).
61          [(b)] (e) Each local school board shall give notice of board meetings to[:] each
62     interested mayor and interested county executive.
63          [(i) the mayor or the mayor's designee of each municipality that is partly or entirely
64     within the school district's boundaries; and]
65          [(ii) the county commission chair, county executive, or county manager, or their
66     designee, of a county with unincorporated area within the school district's boundaries.]
67          [(c)] (f) The notice required under Subsection (3)[(b)](c) shall be provided by:
68          (i) mail;
69          (ii) e-mail; or
70          (iii) other effective means agreed to by the person to whom notice is given.