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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1108, 2000

Municipal officers and employees are restricted from using employment, city resources, or workplace time for partisan political activity, and from pressuring other employees politically.

Source excerpt

employmentemployment disciplinehiringleave managementmunicipal employmentpolitical activitypolitical activity restrictionspublic-sector HRworkplace conduct
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2000
Dates
Enacted 2000
More statute details
Dates
Enacted 2000
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01

Purpose and legislative effect

“Municipal officers and employees are restricted from using employment, city resources, or workplace time for partisan political activity, and from pressuring other employees politically.”

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02

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    Enacted 2000. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Subsection 10-3-1108(2)(c)

A municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment.

Section 10-3-1108(2)(c)

Subsection 10-3-1108(3)

A municipal employee who has filed a declaration of candidacy may be given a leave of absence between the primary election and the general election, and may use available vacation or other leave for campaign activities.

Section 10-3-1108(3)

Subsection 10-3-1108(4)(b)

A person serving in the public office must use available vacation or other leave to serve in that office.

Section 10-3-1108(4)(b)

Subsection 10-3-1108(6)(b)

A municipal officer or employee may engage in partisan political activity unless federal law prohibits it.

Section 10-3-1108(6)(b)

04

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 2000

In force

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Showing 19 of 19 provisions

Provision 19

Part 10-3-11

part 10-3-11 Personnel Rules and Benefits

§ 10-3-1108Political activity of municipal officer or employee.Provision

Source excerpt

Municipal officers and employees are restricted from using employment, city resources, or workplace time for partisan political activity, and from pressuring other employees politically.

Political activity of municipal officer or employee. For purposes of this section, "hours of employment" means occurring at a time when an officer or employee is acting within the course and scope of employment, but excludes a lunch break afforded to the officer or employee. Except as otherwise provided by federal law: the partisan political activity, political opinion, or political affiliation of an applicant for a position with a municipality may not provide a basis for denying employment to the applicant; an officer or employee's partisan political activity, political opinion, or political affiliation may not provide the basis for the officer or employee's employment, promotion, disciplinary action, demotion, or dismissal; a municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment; a municipal officer or employee may not use municipal equipment while engaged in political activity; a municipal officer or employee may not directly or indirectly coerce, command, or advise another municipal officer or employee to pay, lend, or contribute part of the officer or employee's salary or compensation, or anything else of value to a political party, committee, organization, agency, or person for political purposes; and a municipal officer or employee may not attempt to make another officer or employee's personnel status dependent on the officer or employee's support or lack of support of a political party, affiliation, opinion, committee, organization, agency, or person engaged in political activity. A municipal employee who has filed a declaration of candidacy may: be given a leave of absence for the period between the primary election and the general election; and use any vacation or other leave available to engage in campaign activities. If a municipal officer or employee is elected to a public office, the employee may: be given a leave of absence without pay for the time during which the employee receives compensation for service in the public office; and use any vacation or other leave available to serve in the public office. Neither the filing of a declaration of candidacy nor a leave of absence under this section may be used as the basis for an adverse employment action, including discipline and termination, against the employee. Nothing in this section may be construed to: prohibit a municipal officer or employee's voluntary contribution to a party or candidate of the officer or employee's choice; or permit a municipal officer or employee's partisan political activity that is prohibited under federal law.
Section 10-3-1108Verify source
§ 10-3-1108(1)Subsection 10-3-1108(1)Provision

Source excerpt

"Hours of employment" means time when an officer or employee is acting within the course and scope of employment, excluding a lunch break.

For purposes of this section, "hours of employment" means occurring at a time when an officer or employee is acting within the course and scope of employment, but excludes a lunch break afforded to the officer or employee.
Section 10-3-1108(1)Verify source
§ 10-3-1108(2)Subsection 10-3-1108(2)Provision

Source excerpt

Municipal officers and employees generally may not use political activity as a basis for employment decisions, and they are barred from campaigning, soliciting political contributions, using municipal equipment for political activity, coercing political contributions from coworkers, or making personnel status depend on political support.

Except as otherwise provided by federal law: the partisan political activity, political opinion, or political affiliation of an applicant for a position with a municipality may not provide a basis for denying employment to the applicant; an officer or employee's partisan political activity, political opinion, or political affiliation may not provide the basis for the officer or employee's employment, promotion, disciplinary action, demotion, or dismissal; a municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment; a municipal officer or employee may not use municipal equipment while engaged in political activity; a municipal officer or employee may not directly or indirectly coerce, command, or advise another municipal officer or employee to pay, lend, or contribute part of the officer or employee's salary or compensation, or anything else of value to a political party, committee, organization, agency, or person for political purposes; and a municipal officer or employee may not attempt to make another officer or employee's personnel status dependent on the officer or employee's support or lack of support of a political party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.
Section 10-3-1108(2)Verify source
§ 10-3-1108(2)(a)Subsection 10-3-1108(2)(a)Provision

Source excerpt

A municipality may not deny employment to an applicant because of the applicant’s partisan political activity, political opinion, or political affiliation.

the partisan political activity, political opinion, or political affiliation of an applicant for a position with a municipality may not provide a basis for denying employment to the applicant;
Section 10-3-1108(2)(a)Verify source
§ 10-3-1108(2)(b)Subsection 10-3-1108(2)(b)Provision

Source excerpt

An officer or employee’s partisan political activity, political opinion, or political affiliation may not be used as the basis for employment, promotion, discipline, demotion, or dismissal.

an officer or employee's partisan political activity, political opinion, or political affiliation may not provide the basis for the officer or employee's employment, promotion, disciplinary action, demotion, or dismissal;
Section 10-3-1108(2)(b)Verify source
§ 10-3-1108(2)(c)Subsection 10-3-1108(2)(c)Provision

Source excerpt

A municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment.

a municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment;
Section 10-3-1108(2)(c)Verify source
§ 10-3-1108(2)(d)Subsection 10-3-1108(2)(d)Provision

Source excerpt

A municipal officer or employee must not use municipal equipment while engaged in political activity.

a municipal officer or employee may not use municipal equipment while engaged in political activity;
Section 10-3-1108(2)(d)Verify source
§ 10-3-1108(2)(e)Subsection 10-3-1108(2)(e)Provision

Source excerpt

A municipal officer or employee may not pressure another municipal officer or employee to give salary, compensation, or other value for political purposes.

a municipal officer or employee may not directly or indirectly coerce, command, or advise another municipal officer or employee to pay, lend, or contribute part of the officer or employee's salary or compensation, or anything else of value to a political party, committee, organization, agency, or person for political purposes; and
Section 10-3-1108(2)(e)Verify source
§ 10-3-1108(2)(f)Subsection 10-3-1108(2)(f)Provision

Source excerpt

A municipal officer or employee may not try to make another officer or employee’s personnel status depend on political support or non-support.

a municipal officer or employee may not attempt to make another officer or employee's personnel status dependent on the officer or employee's support or lack of support of a political party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.
Section 10-3-1108(2)(f)Verify source
§ 10-3-1108(3)Subsection 10-3-1108(3)Provision

Source excerpt

A municipal employee who has filed a declaration of candidacy may be given a leave of absence between the primary election and the general election, and may use available vacation or other leave for campaign activities.

A municipal employee who has filed a declaration of candidacy may: be given a leave of absence for the period between the primary election and the general election; and use any vacation or other leave available to engage in campaign activities.
Section 10-3-1108(3)Verify source
§ 10-3-1108(3)(a)Subsection 10-3-1108(3)(a)Provision

Source excerpt

be given a leave of absence for the period between the primary election and the general election; and

be given a leave of absence for the period between the primary election and the general election; and
Section 10-3-1108(3)(a)Verify source
§ 10-3-1108(3)(b)Subsection 10-3-1108(3)(b)Provision

Source excerpt

use any vacation or other leave available to engage in campaign activities.

use any vacation or other leave available to engage in campaign activities.
Section 10-3-1108(3)(b)Verify source
§ 10-3-1108(4)Subsection 10-3-1108(4)Provision

Source excerpt

If a municipal officer or employee is elected to public office, the employee may take unpaid leave for the period they receive compensation for that public service and may use vacation or other available leave to serve.

If a municipal officer or employee is elected to a public office, the employee may: be given a leave of absence without pay for the time during which the employee receives compensation for service in the public office; and use any vacation or other leave available to serve in the public office.
Section 10-3-1108(4)Verify source
§ 10-3-1108(4)(a)Subsection 10-3-1108(4)(a)Provision

Source excerpt

be given a leave of absence without pay for the time during which the employee receives compensation for service in the public office; and

be given a leave of absence without pay for the time during which the employee receives compensation for service in the public office; and
Section 10-3-1108(4)(a)Verify source
§ 10-3-1108(4)(b)Subsection 10-3-1108(4)(b)Provision

Source excerpt

A person serving in the public office must use available vacation or other leave to serve in that office.

use any vacation or other leave available to serve in the public office.
Section 10-3-1108(4)(b)Verify source
§ 10-3-1108(5)Subsection 10-3-1108(5)Provision

Source excerpt

An employee may not be subject to adverse employment action because of filing a declaration of candidacy or taking a leave of absence under this section.

Neither the filing of a declaration of candidacy nor a leave of absence under this section may be used as the basis for an adverse employment action, including discipline and termination, against the employee.
Section 10-3-1108(5)Verify source
§ 10-3-1108(6)Subsection 10-3-1108(6)Provision

Source excerpt

This section says it cannot be read to stop a municipal officer or employee from making a voluntary contribution to a party or candidate of their choice, or to allow partisan political activity barred by federal law.

Nothing in this section may be construed to: prohibit a municipal officer or employee's voluntary contribution to a party or candidate of the officer or employee's choice; or permit a municipal officer or employee's partisan political activity that is prohibited under federal law.
Section 10-3-1108(6)Verify source
§ 10-3-1108(6)(a)Subsection 10-3-1108(6)(a)Provision

Source excerpt

A municipal officer or employee is prohibited from making a voluntary contribution to a party or candidate of the officer or employee’s choice.

prohibit a municipal officer or employee's voluntary contribution to a party or candidate of the officer or employee's choice; or
Section 10-3-1108(6)(a)Verify source
§ 10-3-1108(6)(b)Subsection 10-3-1108(6)(b)Provision

Source excerpt

A municipal officer or employee may engage in partisan political activity unless federal law prohibits it.

permit a municipal officer or employee's partisan political activity that is prohibited under federal law.
Section 10-3-1108(6)(b)Verify source

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