§ 32-1-912 — Incumbent not recalled - reimbursement - definition

(1) If at any
recall election the director whose recall is sought is not recalled, or if the hearing
officer determines that a recall petition is not sufficient after a protest, the special
district may reimburse the director sought to be recalled for his or her actual
reasonable expenses.

(2) A director sought to be recalled who requests reimbursement shall file a
written request for reimbursement with the board of the special district. The
request must include the date, amount, proof of payment, and purpose for each
expense for which the director is requesting reimbursement. The board shall review
the request and determine whether the expenses are reasonable expenses under
subsection (3) of this section and whether to reimburse such expenses. If the
special district determines to reimburse the submitted expenses, the special
district shall issue payment within forty-five days of the receipt of the request.

(3) (a) For purposes of this section, reasonable expenses include, but are
not limited to, money spent challenging the sufficiency of the recall petition and in
presenting to the eligible electors the official position of the director sought to be
recalled, including campaign literature.

(b) Reasonable expenses do not include:

(I) Money spent on challenges and court actions that are frivolous or are not
related to the sufficiency of the recall petition;

(II) Personal expenses for meals, lodging, and travel costs for the director
sought to be recalled;

(III) The costs of maintaining a campaign staff;

(IV) Reimbursement for expenses incurred by a campaign committee that
has solicited contributions;

(V) Reimbursement of any kind for employees in the director's office; and

(VI) All expenses incurred prior to the filing of the recall petition.

Legislative History

Source: L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1305, � 3, effective May 4.