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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-16a-1 Citation of chapter.
This chapter may be cited as the "County Officers and
Employees Disclosure Act."
1983
17-16a-2 Purposes.
The purposes of this chapter are to establish standards
of conduct for county officers and employees and to require
these persons to disclose conflicts of interest between their
public duties and their personal interests.
1983
17-16a-3 Definitions.
As used in this part:
(1) "Appointed officer" means any person appointed to any statutory office or position or any other person appointed to any position of employment with a county, except special employees. Appointed officers include, but are not limited to persons serving on special, regular or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word "officer" in this part is not intended to make appointed persons or employees "officers" of the county.
(2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to so assist such person or business entity.
(3) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business.
(4) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever.
(5) "Elected officer" means any person elected or appointed to any office in the county.
(6) "Governmental action" means any action on the part of a county including, but not limited to:
(a) any decision, determination, finding, ruling, or order; and
(b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to.
(7) "Special employee" means any person hired on the basis of a contract to perform a special service for the county pursuant to an award of a contract following a public bid.
(8) "Substantial interest" means the ownership, either
legally or equitably, by an individual, his spouse, and his
minor children, of at least 10% of the outstanding shares
of a corporation or 10% interest in any other business entity.
1983
17-16a-4 Prohibited use of official position.
(1) It is an offense for an elected or appointed officer, under circumstances not amounting to a violation of Section 63-56-72 or 76-8-105 , to:
(a) disclose confidential information acquired by reason of his official position or use that information to secure special privileges or exemptions for himself or others;
(b) use or attempt to use his official position to secure special privileges for himself or others; or
(c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for himself or another if the gift or loan tends to influence him in the discharge of his official duties.
(2) This section is inapplicable to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented;
(c) any bona fide loan made in the ordinary course of business; or
(d) political campaign contributions actually used in
a political campaign.
1998
17-16a-5 Compensation for assistance in transaction involving county - Public disclosure and filing required.
(1) No elected or appointed officer may receive or agree to receive compensation for assisting any person or business entity in any transaction involving the county in which he is an officer unless he files with the county legislative body a sworn statement giving the information required by this section, and discloses in open meeting to the members of the body of which he is a member, immediately prior to the discussion, the information required by Subsection (3).
(2) The statement required to be filed by this section shall be filed ten days prior to the date of any agreement between the elected or appointed officer and the person or business entity being assisted or ten days prior to the receipt of compensation by the business entity. The statement is public information and is available for examination by the public.
(3) The statement and disclosure shall contain the following information:
(a) the name and address of the officer;
(b) the name and address of the person or business entity being or to be assisted, or in which the appointed or elected official has a substantial interest; and
(c) a brief description of the transaction as to which
service is rendered or is to be rendered and of the nature
of the service performed or to be performed.
1993
17-16a-6 Interest in business entity regulated by county - Disclosure.
Every appointed or elected officer who is an officer,
director, agent, or employee or the owner of a substantial
interest in any business entity which is subject to the regulation
of the county in which he is an elected or appointed officer
shall disclose the position held and the precise nature and
value of his interest upon first becoming appointed or elected,
and again during January of each year thereafter during which
he continues to be an appointed or elected officer. The disclosure
shall be made in a sworn statement filed with the county
legislative body. The commission shall report the substance
of all such disclosure statements to the members of the governing
body or may provide to the members of the governing body,
copies of the disclosure statement within 30 days after the
statement is received. This section does not apply to instances
where the value of the interest does not exceed $2,000, and
life insurance policies and annuities shall not be considered
in determining the value of any such interest.
1993
17-16a-7 Interest in business entity doing business with county - Disclosure.
Every appointed or elected officer who is an officer,
director, agent, or employee, or owner of a substantial interest
in any business entity which does or anticipates doing business
with the county in which he is an appointed or elected officer,
shall publicly disclose to the members of the body on which
he is a member immediately prior to any discussion by such
body matters relating to such business entity, the nature
of his interest in that business entity. The disclosure statement
shall be entered in the minutes of the meeting.
1983
17-16a-8 Investment creating conflict of interest with duties - Disclosure.
Any personal interest of or investment by any elected
or appointed official of a county which creates a potential
or actual conflict between the official's personal interests
and his public duties shall be disclosed in open meeting
to the members of the body in the manner required by Section
17-16a-6
.
1983
17-16a-9 Inducing officer to violate provisions prohibited.
No person shall induce or seek to induce any appointed
or elected officer to violate any of the provisions of this
part.
1983
17-16a-10 Violation a misdemeanor - Removal from office.
In addition to any penalty contained in any other provision
of law, any person who knowingly and intentionally violates
this part is guilty of a class A misdemeanor and shall be
dismissed from employment or removed from office.
1991
17-16a-11 Complaints charging violations - Procedure.
(1) Any complaint against a person who is under the merit system, charging that person with a violation of this part, shall be filed and processed in accordance with the provisions of the merit system.
(2) If the person charged with the violation is not under
any merit system, then the complaint shall be filed with
the commission which shall investigate the complaint and
shall give the person an opportunity to be heard. A written
report of the findings and the recommendation of the commission
shall be filed with the governing body. If the governing
body finds that the person has violated this part, it may
dismiss, suspend, or take such other appropriate action with
respect to the person.
1983
17-16a-12 Rescission of prohibited transaction.
If any transaction is entered into in connection with
a violation of Section
17-16a-6
, the county may rescind or void any contract
or subcontract entered into pursuant to that transaction
without returning any part of the consideration received
by the county.
1983
