53A-1a-518 (Effective 07/01/11) - Regulated transactions and relationships -- Definitions -- Rulemaking. - Utah Statutes

53A-1a-518 (Effective 07/01/11). Regulated transactions and relationships --Definitions -- Rulemaking.
(1) As used in this section:
(a) "Charter school officer" means:
(i) a member of a charter school's governing board;
(ii) a member of a board or an officer of a nonprofit corporation under which a charterschool is organized and managed; or
(iii) the chief administrative officer of a charter school.
(b) (i) "Employment" means a position in which a person's salary, wages, pay, orcompensation, whether as an employee or contractor, is paid from charter school funds.
(ii) "Employment" does not include a charter school volunteer.
(c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law,son-in-law, or daughter-in-law.
(2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer maynot be employed at a charter school.
(b) If a relative of a charter school officer is to be considered for employment in a charterschool, the charter school officer shall:
(i) disclose the relationship, in writing, to the other charter school officers;
(ii) submit the employment decision to the charter school's governing board for theapproval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from any meeting when the employment is being considered anddetermined.
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or arelative of a charter school officer may not have a financial interest in a contract or othertransaction involving a charter school in which the charter school officer serves as a charterschool officer.
(b) If a charter school's governing board considers entering into a contract or executing atransaction in which a charter school officer or a relative of a charter school officer has afinancial interest, the charter school officer shall:
(i) disclose the financial interest, in writing, to the other charter school officers;
(ii) submit the contract or transaction decision to the charter school's governing board forthe approval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from any meeting when the contract or transaction is being considered anddetermined.
(c) The provisions in Subsection (3)(a) do not apply to a reasonable contract ofemployment for:
(i) the chief administrative officer of a charter school; or
(ii) a relative of the chief administrative officer of a charter school whose employment isapproved in accordance with the provisions in Subsection (2).
(4) The State Board of Education or State Charter School Board may not operate acharter school.

Amended by Chapter 162, 2010 General Session