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Section 409 - Regulated transactions and relationships -- Definitions -- Rulemaking.

UT Code § 53G-5-409 (2019) (N/A)
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(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 charter school 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, or compensation, 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.

(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 charter school is organized and managed; or (iii) the chief administrative officer of a charter school.

(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 charter school 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, or compensation, whether as an employee or contractor, is paid from charter school funds. (ii) "Employment" does not include a charter school volunteer.

(i) "Employment" means a position in which a person's salary, wages, pay, or compensation, 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 may not be employed at a charter school. (b) If a relative of a charter school officer is to be considered for employment in a charter school, 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 the approval, by majority vote, of the charter school's governing board; (iii) abstain from voting on the issue; and (iv) be absent from the portion of the meeting where the employment is being considered and determined.

(a) Except as provided in Subsection (2)(b), a relative of a charter school officer may not be employed at a charter school.

(b) If a relative of a charter school officer is to be considered for employment in a charter school, 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 the approval, by majority vote, of the charter school's governing board; (iii) abstain from voting on the issue; and (iv) be absent from the portion of the meeting where the employment is being considered and determined.

(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 the approval, by majority vote, of the charter school's governing board;

(iii) abstain from voting on the issue; and

(iv) be absent from the portion of the meeting where the employment is being considered and determined.

(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a relative of a charter school officer may not have a financial interest in a contract or other transaction involving a charter school in which the charter school officer serves as a charter school officer. (b) If a charter school's governing board considers entering into a contract or executing a transaction in which a charter school officer or a relative of a charter school officer has a financial 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 for the approval, by majority vote, of the charter school's governing board; (iii) abstain from voting on the issue; and (iv) be absent from the portion of the meeting where the contract or transaction is being considered and determined. (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of employment 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 is approved in accordance with the provisions in Subsection (2).

(a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a relative of a charter school officer may not have a financial interest in a contract or other transaction involving a charter school in which the charter school officer serves as a charter school officer.

(b) If a charter school's governing board considers entering into a contract or executing a transaction in which a charter school officer or a relative of a charter school officer has a financial 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 for the approval, by majority vote, of the charter school's governing board; (iii) abstain from voting on the issue; and (iv) be absent from the portion of the meeting where the contract or transaction is being considered and determined.

(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 for the approval, by majority vote, of the charter school's governing board;

(iii) abstain from voting on the issue; and

(iv) be absent from the portion of the meeting where the contract or transaction is being considered and determined.

(c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of employment 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 is approved in accordance with the provisions in Subsection (2).

(i) the chief administrative officer of a charter school; or

(ii) a relative of the chief administrative officer of a charter school whose employment is approved in accordance with the provisions in Subsection (2).

(4) The state board or State Charter School Board may not operate a charter school.

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Section 409 - Regulated transactions and relationships -- Definitions -- Rulemaking.