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Last modified: September 26, 2023

Policy No. 1520 Business Administrator Appointment, Term of Office, and Interim Appointment

Appointment

The Board shall appoint a Business Administrator.

Term of Office

The Business Administrator’s term of office is for two years and until a successor is appointed and qualified. For stability and the continuation of operations, the board, at its sole discretion, may renew a two year contract each year.

The District shall defend, hold harmless and indemnify the Business Administrator from any and all demands, claims, suits, actions and legal proceedings brought against the Business Administrator in his individual capacity, or in his official capacity as agent and employee of the District, provided the Business Administrator was acting within the scope of his employment and excluding criminal litigation and such liability coverage is within authority of the District to provide under state law. Notwithstanding the foregoing, in no event will individual Board members be considered personally liable for indemnifying the Business Administrator against such demands, claims, suits, actions, and legal proceedings.

The Board may not enter into an employment contract that contains an automatic renewal provision with the Business Administrator.

No Business Administrator Appointments During Interim Vacancy Period

As used in this policy, “interim vacancy period” means the period of time that:

  1. begins on the day on which a general election is held to elect a member of the Board; and
  2. ends on the day on which the member-elect begins.

The Board may not appoint a business administrator during an interim vacancy period. However, the Board may appoint an interim business administrator during an interim vacancy period; and the interim business administrator’s term shall expire once a new business administrator is appointed by the new Board after the interim vacancy period has ended.

The interim business administrator requirement does not apply if all the Board members who held office on the day of the general election whose term of office was vacant for the election are reelected to the Board for the following term.

Interim appointment

If it becomes necessary to appoint an interim business administrator due to a vacancy in the office of business administrator, then the Board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new Business Administrator.

Legal References & Synopsis:

Utah Code Ann. 53G-4-302

Business Administrator — Term — Oath

Approved by Board of Education:

August 13,2013

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