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The director of Utah's School Children's Trust would receive independent authority and the potential for unlimited six-year terms under a bill approved Monday by the Utah House.
The Utah Board of Education currently hires — and is able to fire — the director of the School Children's Trust Section, which oversees distribution of education funding from the $2.3 billion Permanent State School Fund.
Under HB291, the school board would appoint the section's director, with a change allowed only if the director vacates the position or if a majority of the school board votes to remove the director due to "neglect of fiduciary duty, malfeasance, gross negligence, or incapacitation."
Bill sponsor Rep. Mike Noel, R-Kanab, said the measure would insulate the director from politics, allowing that official to focus on the benefit to Utah's schoolchildren and protect against "hanky-panky" between education managers and special interests.
"It's needed to make sure we have an independent director of the School Children's Trust Section," Noel said of the bill.
School Children's Trust Director Tim Donaldson was named to the position in June 2013. Under the bill, Donaldson would be secure in a six-year term, ending in 2023, with the option to continue his tenure for additional terms.
Donaldson declined to comment Monday, but he has been subject to occasional criticism from members of the state school board, most recently regarding the School and Institutional Trust Lands Administration, or SITLA, response to the Bears Ears National Monument.
The Utah Board of Education voted last week to oppose HB291. Spokeswoman Emilie Wheeler said the board is concerned about legislation that is written to protect individuals, and not the positions they hold.
"While the board supports the independent nature of the position," Wheeler, "we believe there also needs to be an avenue for oversight of employee actions that are potentially detrimental to the success of a program."
The perceived lack of oversight was also raised on the House floor. An amendment failed that would have allowed the director to be fired for insubordination. Another amendment was narrowly defeated in a 35-39 vote that would have placed a two-term limit on School Children's Trust Section directors.
Rep. Derrin Owens, R-Fountain Green, said the level of independence created under HB291 could allow a person to "run rogue."
"Yes, they need to take care of the financial duties," he said. "They also need to answer to an elected body."
But Noel said the removal terms, and the requirement that section directors take an oath of office, protect against potential abuses of power.
"If we have a rogue player in here," he said, "there's enough in [the bill] that he or she could be fired."
House members voted 48-27 in favor of the bill. It now goes to the Utah Senate for consideration.
Twitter: @bjaminwood