§ 53A-3-302. Business administrator -- Term -- Oath.

(1) Subject to Subsection (5), a local school board shall appoint a business administrator.

(2)

(a) The business administrator's term of office is for two years and until, subject to Subsection (5), a successor is appointed and qualified.

(b) A local school board that appoints a business administrator in accordance with this section may not, on or after May 8, 2012, enter into an employment contract that contains an automatic renewal provision with the business administrator.

(3) Unless a vacancy occurs during an interim vacancy period subject to Subsection (5), if it becomes necessary to appoint an interim business manager due to a vacancy in the office of business administrator, then the local school 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 manager.

(4) The business administrator qualifies for office by taking the constitutional oath of office.

(5)

(a) As used in this Subsection (5), "interim vacancy period" means the period of time that:

(i) begins on the day on which a general election described in Section 20A-1-202 is held to elect a member of a local school board; and

(ii) ends on the day on which the member-elect begins the member's term.

(b)

(i) A local school board may not appoint a business administrator during an interim vacancy period.

(ii) Notwithstanding Subsection (5)(b)(i):

(A) the local school board may appoint an interim business administrator during an interim vacancy period; and

(B) the interim business administrator's term shall expire once a new business administrator is appointed by the new local school board after the interim vacancy period has ended.

(c) Subsection (5)(b) does not apply if all the local school 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 local school board for the following term.

Amended by Chapter 46, 2012 General Session