Section 17B-1-311 - Board member prohibited from district employment - Exception(1) No elected or appointed member of the board of trustees of a special district may, while serving on the board, be employed by the district, whether as an employee or under a contract.(2) No person employed by a special district, whether as an employee or under a contract, may serve on the board of that special district.(3) A special district is not in violation of a prohibition described in Subsection (1) or (2) if the special district: (a) treats a member of a board of trustees as an employee for income tax purposes; and(b) complies with the compensation limits of Section 17B-1-307 for purposes of that member.(4) This section does not apply to a special district if: (a) fewer than 3,000 people in the state live within 40 miles of the special district's boundaries or primary place of employment, measured over all weather public roads; and(b) with respect to the employment of a board of trustees member under Subsection (1): (i) the job opening has had reasonable public notice; and(ii) the person employed is the best qualified candidate for the position.(5) This section does not apply to a board of trustees of a large public transit district as described in Chapter 2a, Part 8, Public Transit District Act.Amended by Chapter 15, 2023 General Session ,§ 59, eff. 2/27/2023.Amended by Chapter 51, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 479, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 448, 2013 General Session ,§ 9, eff. 5/14/2013.Renumbered and Amended by Chapter 329, 2007 General Session