Utah Code 10-3-1307. Interest in business entity doing business with municipality — Disclosure
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(1) An officer under this part, or municipal employee, who is an officer, director, agent, employee, or owner of a substantial interest in a business entity that does or anticipates doing business with the municipality in which the officer or municipal employee is appointed, elected, or employed, shall:
Terms Used In Utah Code 10-3-1307
- 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. See Utah Code 10-3-1303
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - Elected officer: means :(5)(a) an individual elected or appointed to fill a vacancy in the office of mayor, commissioner, or council member; or(5)(b) an individual who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section
20A-1-206 . See Utah Code 10-3-1303- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipal employee: means an individual who is employed on a full or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Officer: means an appointed officer or an elected officer. See Utah Code 10-3-1303
- Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303
- Town: means a municipality classified by population as a town under Section
10-2-301 . See Utah Code 10-1-104(1)(a) publicly disclose the conflict of interest to the members of the body of which the officer is a member or by which the municipal employee is employed, immediately before any discussion by the municipal body concerning matters relating to the business entity, the nature of the officer’s or municipal employee’s interest in the business entity; and(1)(b) for an officer who is an elected officer, file a sworn statement describing the conflict of interest with the city recorder or town clerk.(2) The public disclosure described in Subsection (1)(a) shall be entered in the minutes of the meeting.(3) A city recorder or town clerk who receives the sworn statement described in Subsection (1)(b) shall:(3)(a) post a copy of the sworn statement on the municipality’s website; and(3)(b) ensure that the sworn statement remains posted on the municipality’s website until the elected officer leaves office.(4) Disclosure by a municipal employee under this section is satisfied if the municipal employee makes the disclosure in the manner described in Section10-3-1305 or Section10-3-1306 .