(1) 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.
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Terms Used In Utah Code 10-3-1305

  • Appointed officer: includes an individual serving on a special, regular, or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. See Utah Code 10-3-1303
  • 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
  • Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to a person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303
  • 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 Section 10-2-301; 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
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • 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
(2) 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:

     (2)(a) files with the mayor a sworn statement disclosing the information described in Subsection (8);
     (2)(b) 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
     (2)(c) for an officer who is an elected officer, files the sworn statement described in Subsection (2)(a) with the city recorder or town clerk.
(3) 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:

     (3)(a) files with the mayor a sworn statement disclosing the information described in Subsection (8); and
     (3)(b) discloses the information described in Subsection (8) to:

          (3)(b)(i) the appointed officer’s or municipal employee’s immediate supervisor; and
          (3)(b)(ii) 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.
(4)

     (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:

          (4)(a)(i) 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
          (4)(a)(ii) 10 days before the date on which the officer or municipal employee receives compensation.
(5) 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).
(6) A municipal recorder or town clerk who receives a sworn statement described in Subsection (2)(a) shall:

     (6)(a) post a copy of the sworn statement on the municipality’s website; and
     (6)(b) ensure that the sworn statement remains posted on the municipality’s website until the elected officer leaves office.
(7) The sworn statements described in this section are public information and shall be available for examination by the public.
(8) The sworn statement and public disclosure described in Subsections (2) and (3) shall contain:

     (8)(a) the name and address of the officer or municipal employee;
     (8)(b) 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
     (8)(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.
(9) 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.

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