What happens if there’s a vacancy on your board?

It’s a scenario that any governing body might face: what should you do if there’s a sudden vacancy on your district or board.

As it turns out, there is a method that anyone can employ when there’s suddenly an empty seat on a local district board. It’s part of the Utah state election code and its most recent changes went into effect this past July.

Here’s how you might respond to such a situation. It can apply to any scenario, no matter the reason a person may leave their post.

The first step
It’s the jurisdiction of the local district board to find a replacement if that person was elected to the position. If they’re an appointee, then whoever did that first appointment will need to be in charge of finding the replacement.

The second step
From this point forward, the board or appointing party needs to give public notice of the vacancy and it has to happen within two weeks of the next board meeting.

Newspapers that are generally circulated can be used, but other options need to take place, including:

• posting the notice in three public places that the district covers
• posting it on the state’s own public notice website

Some details need to be included in the notice, including:

• 
the date, place and time where the vacancy will be filled
• 
ways for someone to submit a person’s name for consideration
• deadlines for submission

Some other considerations are part of the code that apply in certain parameters.

Appointing authority members
It’s important to note that if it’s an appointing authority, it can appoint one of its own members if they meet the requirements of the board.


Certain water boards
In Utah, there are water conservancy districts that are located in more than one county. In this case, the board needs to give notice to those counties that nominate the original board member. They will also need to compile three nominees for the vacancy. The final step is for the state’s governor, with Senate approval, to appoint a person to fill the vacancy.

What happens if there isn’t an appointment within 90 days? In the case of the code, the legislators in charge of the board fill the vacancy via public notice and candidates being selected.

If there are other scenarios concerning your board members that are you concerned about, there are plenty of resources on our website. To find out more about how we can help you in a way that adheres to Utah’s codes, go to our website.