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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1305

Certain municipal officers and employees may not take compensation for helping in a municipal transaction unless they make the required disclosures and filings.

Source excerpt

compensation disclosurefiling requirementsmunicipal transactionspublic officer conductservice descriptiontransaction description
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“Certain municipal officers and employees may not take compensation for helping in a municipal transaction unless they make the required disclosures and filings.”

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Subsection 10-3-1305(3)

An appointed officer who is not a municipal body member or municipal employee commits an offense by taking or agreeing to take compensation for helping with a municipal transaction, unless the officer files a sworn disclosure with the mayor and tells the…

Section 10-3-1305(3)

Subsection 10-3-1305(4)(a)

An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of: 10 days before the date on which the officer or municipal employee and the person or

Section 10-3-1305(4)(a)

Subsection 10-3-1305(6)(b)

The municipality must keep the sworn statement posted on its website until the elected officer leaves office.

Section 10-3-1305(6)(b)

Subsection 10-3-1305(9)

This section does not apply to a municipal officer for conduct that violates this section, to the extent the officer is chargeable for the same conduct under Section 76-8-105.

Section 10-3-1305(9)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 25 of 25 provisions

Provision 25

Part 10-3-13

part 10-3-13 Municipal Officers' and Employees' Ethics Act

§ 10-3-1305Compensation for assistance in transaction involving municipality -- Public disclosure and filing required.Provision

Source excerpt

Certain municipal officers and employees may not take compensation for helping in a municipal transaction unless they make the required disclosures and filings.

Compensation for assistance in transaction involving municipality -- Public disclosure and filing required. As used in this section, "municipal body" means any public board, commission, committee, or other public group organized to make public policy decisions or to advise persons who make public policy decisions. Except as provided in Subsection (9), it is an offense for an officer who is a member of a municipal body to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality of which the officer is elected or appointed unless the officer: files with the mayor a sworn statement disclosing the information described in Subsection (8); discloses the information described in Subsection (8) in an open meeting to the members of the municipal body of which the officer is a member immediately before the discussion; and for an officer who is an elected officer, files the sworn statement described in Subsection (2)(a) with the city recorder or town clerk. It is an offense for an appointed officer who is not a member of a municipal body or a municipal employee to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality by which the appointed officer or municipal employee is employed unless the appointed officer or employee: files with the mayor a sworn statement disclosing the information described in Subsection (8); and discloses the information described in Subsection (8) to: the appointed officer's or municipal employee's immediate supervisor; and any other municipal officer or employee who may rely on the appointed officer's or municipal employee's representations in evaluating or approving the transaction. An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of: 10 days before the date on which the officer or municipal employee and the person or business entity being assisted enter into an agreement; or 10 days before the date on which the officer or municipal employee receives compensation. In accordance with Subsection (2)(c), an elected officer shall file the sworn statement with the city recorder or town clerk on or before the earlier of the deadlines described in Subsections (4)(a)(i) and (ii). A municipal recorder or town clerk who receives a sworn statement described in Subsection (2)(a) shall: post a copy of the sworn statement on the municipality's website; and ensure that the sworn statement remains posted on the municipality's website until the elected officer leaves office. The sworn statements described in this section are public information and shall be available for examination by the public. The sworn statement and public disclosure described in Subsections (2) and (3) shall contain: the name and address of the officer or municipal employee; the name and address of the person or business entity being or to be assisted or in which the officer or municipal employee has a substantial interest; and 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. This section does not apply to an officer who is a member of a municipal body and who engages in conduct that constitutes a violation of this section to the extent that the officer is chargeable, for the same conduct, under Section 76-8-105 .
Section 10-3-1305Verify source
§ 10-3-1305(1)Subsection 10-3-1305(1)Provision

Source excerpt

This section defines “municipal body” as certain public boards, commissions, committees, or other public groups.

As used in this section, "municipal body" means any public board, commission, committee, or other public group organized to make public policy decisions or to advise persons who make public policy decisions.
Section 10-3-1305(1)Verify source
§ 10-3-1305(2)Subsection 10-3-1305(2)Provision

Source excerpt

Except as provided in Subsection (9), it is an offense for an officer who is a member of a municipal body to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality of

Except as provided in Subsection (9), it is an offense for an officer who is a member of a municipal body to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality of which the officer is elected or appointed unless the officer: files with the mayor a sworn statement disclosing the information described in Subsection (8); discloses the information described in Subsection (8) in an open meeting to the members of the municipal body of which the officer is a member immediately before the discussion; and for an officer who is an elected officer, files the sworn statement described in Subsection (2)(a) with the city recorder or town clerk.
Section 10-3-1305(2)Verify source
§ 10-3-1305(2)(a)Subsection 10-3-1305(2)(a)Provision

Source excerpt

A person must file a sworn statement with the mayor disclosing the information described in Subsection (8).

files with the mayor a sworn statement disclosing the information described in Subsection (8);
Section 10-3-1305(2)(a)Verify source
§ 10-3-1305(2)(b)Subsection 10-3-1305(2)(b)Provision

Source excerpt

The officer must disclose the information described in Subsection (8) in an open meeting to the members of the municipal body immediately before the discussion.

discloses the information described in Subsection (8) in an open meeting to the members of the municipal body of which the officer is a member immediately before the discussion; and
Section 10-3-1305(2)(b)Verify source
§ 10-3-1305(2)(c)Subsection 10-3-1305(2)(c)Provision

Source excerpt

An elected officer must file the sworn statement described in Subsection (2)(a) with the city recorder or town clerk.

for an officer who is an elected officer, files the sworn statement described in Subsection (2)(a) with the city recorder or town clerk.
Section 10-3-1305(2)(c)Verify source
§ 10-3-1305(3)Subsection 10-3-1305(3)Provision

Source excerpt

An appointed officer who is not a municipal body member or municipal employee commits an offense by taking or agreeing to take compensation for helping with a municipal transaction, unless the officer files a sworn disclosure with the mayor and tells the specified supervisors and municipal officers/employees.

It is an offense for an appointed officer who is not a member of a municipal body or a municipal employee to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality by which the appointed officer or municipal employee is employed unless the appointed officer or employee: files with the mayor a sworn statement disclosing the information described in Subsection (8); and discloses the information described in Subsection (8) to: the appointed officer's or municipal employee's immediate supervisor; and any other municipal officer or employee who may rely on the appointed officer's or municipal employee's representations in evaluating or approving the transaction.
Section 10-3-1305(3)Verify source
§ 10-3-1305(3)(a)Subsection 10-3-1305(3)(a)Provision

Source excerpt

The filer must file with the mayor a sworn statement disclosing the information described in Subsection (8).

files with the mayor a sworn statement disclosing the information described in Subsection (8); and
Section 10-3-1305(3)(a)Verify source
§ 10-3-1305(3)(b)Subsection 10-3-1305(3)(b)Provision

Source excerpt

discloses the information described in Subsection (8) to: the appointed officer's or municipal employee's immediate supervisor; and any other municipal officer or employee who may rely on the appointed officer's or municipal employee's

discloses the information described in Subsection (8) to: the appointed officer's or municipal employee's immediate supervisor; and any other municipal officer or employee who may rely on the appointed officer's or municipal employee's representations in evaluating or approving the transaction.
Section 10-3-1305(3)(b)Verify source
§ 10-3-1305(3)(b)(i)Subsection 10-3-1305(3)(b)(i)Provision

Source excerpt

the appointed officer's or municipal employee's immediate supervisor; and

the appointed officer's or municipal employee's immediate supervisor; and
Section 10-3-1305(3)(b)(i)Verify source
§ 10-3-1305(3)(b)(ii)Subsection 10-3-1305(3)(b)(ii)Provision

Source excerpt

Refers to any other municipal officer or employee who may rely on the appointed officer’s or municipal employee’s representations when evaluating or approving a transaction.

any other municipal officer or employee who may rely on the appointed officer's or municipal employee's representations in evaluating or approving the transaction.
Section 10-3-1305(3)(b)(ii)Verify source
§ 10-3-1305(4)Subsection 10-3-1305(4)Provision

Source excerpt

An officer or municipal employee must file the required sworn statement by the earlier of 10 days before an agreement is made or 10 days before compensation is received.

An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of: 10 days before the date on which the officer or municipal employee and the person or business entity being assisted enter into an agreement; or 10 days before the date on which the officer or municipal employee receives compensation.
Section 10-3-1305(4)Verify source
§ 10-3-1305(4)(a)Subsection 10-3-1305(4)(a)Provision

Source excerpt

An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of: 10 days before the date on which the officer or municipal employee and the person or

An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of: 10 days before the date on which the officer or municipal employee and the person or business entity being assisted enter into an agreement; or 10 days before the date on which the officer or municipal employee receives compensation.
Section 10-3-1305(4)(a)Verify source
§ 10-3-1305(4)(a)(i)Subsection 10-3-1305(4)(a)(i)Provision

Source excerpt

This text sets a timing point: 10 days before the agreement date.

10 days before the date on which the officer or municipal employee and the person or business entity being assisted enter into an agreement; or
Section 10-3-1305(4)(a)(i)Verify source
§ 10-3-1305(4)(a)(ii)Subsection 10-3-1305(4)(a)(ii)Provision

Source excerpt

A timing rule requires action 10 days before an officer or municipal employee receives compensation.

10 days before the date on which the officer or municipal employee receives compensation.
Section 10-3-1305(4)(a)(ii)Verify source
§ 10-3-1305(5)Subsection 10-3-1305(5)Provision

Source excerpt

An elected officer must file the sworn statement with the city recorder or town clerk by the earlier of two deadlines referenced elsewhere in the statute.

In accordance with Subsection (2)(c), an elected officer shall file the sworn statement with the city recorder or town clerk on or before the earlier of the deadlines described in Subsections (4)(a)(i) and (ii).
Section 10-3-1305(5)Verify source
§ 10-3-1305(6)Subsection 10-3-1305(6)Provision

Source excerpt

A municipal recorder or town clerk who receives a specified sworn statement must post it on the municipality’s website and keep it posted until the elected officer leaves office.

A municipal recorder or town clerk who receives a sworn statement described in Subsection (2)(a) shall: post a copy of the sworn statement on the municipality's website; and ensure that the sworn statement remains posted on the municipality's website until the elected officer leaves office.
Section 10-3-1305(6)Verify source
§ 10-3-1305(6)(a)Subsection 10-3-1305(6)(a)Provision

Source excerpt

post a copy of the sworn statement on the municipality's website; and

post a copy of the sworn statement on the municipality's website; and
Section 10-3-1305(6)(a)Verify source
§ 10-3-1305(6)(b)Subsection 10-3-1305(6)(b)Provision

Source excerpt

The municipality must keep the sworn statement posted on its website until the elected officer leaves office.

ensure that the sworn statement remains posted on the municipality's website until the elected officer leaves office.
Section 10-3-1305(6)(b)Verify source
§ 10-3-1305(7)Subsection 10-3-1305(7)Provision

Source excerpt

The sworn statements described in this section are public information and shall be available for examination by the public.

The sworn statements described in this section are public information and shall be available for examination by the public.
Section 10-3-1305(7)Verify source
§ 10-3-1305(8)Subsection 10-3-1305(8)Provision

Source excerpt

The sworn statement and public disclosure must include specified names, addresses, and a brief description of the transaction and service.

The sworn statement and public disclosure described in Subsections (2) and (3) shall contain: the name and address of the officer or municipal employee; the name and address of the person or business entity being or to be assisted or in which the officer or municipal employee has a substantial interest; and 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.
Section 10-3-1305(8)Verify source
§ 10-3-1305(8)(a)Subsection 10-3-1305(8)(a)Provision

Source excerpt

the name and address of the officer or municipal employee;

the name and address of the officer or municipal employee;
Section 10-3-1305(8)(a)Verify source
§ 10-3-1305(8)(b)Subsection 10-3-1305(8)(b)Provision

Source excerpt

the name and address of the person or business entity being or to be assisted or in which the officer or municipal employee has a substantial interest; and

the name and address of the person or business entity being or to be assisted or in which the officer or municipal employee has a substantial interest; and
Section 10-3-1305(8)(b)Verify source
§ 10-3-1305(8)(c)Subsection 10-3-1305(8)(c)Provision

Source excerpt

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.

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.
Section 10-3-1305(8)(c)Verify source
§ 10-3-1305(9)Subsection 10-3-1305(9)Provision

Source excerpt

This section does not apply to a municipal officer for conduct that violates this section, to the extent the officer is chargeable for the same conduct under Section 76-8-105.

This section does not apply to an officer who is a member of a municipal body and who engages in conduct that constitutes a violation of this section to the extent that the officer is chargeable, for the same conduct, under Section 76-8-105 .
Section 10-3-1305(9)Verify source

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