Utah Code 67-16-16. Special public officer — Annual conflict of interest disclosure statement — Exception — Penalties
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(1) Except as provided in Subsection (7), a special public officer shall, no sooner than January 1 and no later than January 31 of each year during which the special public officer holds elected or appointed office:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 67-16-16
- Filing clerk: means :(7)(a) the special district clerk, for a special public officer who holds an office on:(7)(a)(i) the board of trustees of a special district; or(7)(a)(ii) the governing body of a special service district; or(7)(b) the chief administrative officer, for a special public officer who holds an office on a local school board. See Utah Code 67-16-3
- Legislator: means a member or member-elect of either house of the Legislature of the state of Utah. See Utah Code 67-16-3
- Public officer: includes a special public officer. See Utah Code 67-16-3
- Special public officer: means a public officer who is an elected or appointed member of:(16)(a) the board of trustees of a special district or the governing body of a special service district, if the special district or the special service district has an annual budget that is equal to or exceeds 10 times the revenue and expenditure amount described in Subsection
51-2a-201 (1); or(16)(b) a local school board. See Utah Code 67-16-3 - State: means the state of Utah. See Utah Code 67-16-3
(1)(a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604 (6); and
(1)(b) submit the written disclosure statement to the filing clerk.
(2)
(2)(a) No later than 10 business days after the day on which a special public officer submits the written disclosure statement described in Subsection (1) to the filing clerk, the filing clerk shall:
(2)(a)(i) post an electronic copy of the written disclosure statement on, as applicable, the special district’s, special service district’s, or school district’s website; and
(2)(a)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (2)(a)(i).
(2)(b) The filing clerk shall ensure that the special public officer’s written disclosure statement remains posted on the website described in Subsection (2)(a)(i) until the special public officer leaves office.
(3) The filing clerk shall take the action described in Subsection (4) if:
(3)(a) a special public officer fails to timely submit a written disclosure statement; or
(3)(b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604 (6).
(4) If a circumstance described in Subsection (3) occurs, the filing clerk shall, within five days after the day on which the filing clerk determines that a violation occurred, notify the special public officer of the violation and direct the special public officer to submit an amended report correcting the problem.
(5)
(5)(a) It is unlawful for a special public officer to fail to submit or amend a written disclosure statement within seven days after the day on which the special public officer receives the notice described in Subsection (4).
(5)(b) A special public officer who violates Subsection (5)(a) is guilty of a class B misdemeanor.
(5)(c) The filing clerk shall report a violation of Subsection (5)(a) to the attorney general.
(5)(d) In addition to the criminal penalty described in Subsection (5)(b), the filing clerk shall impose a civil fine of $100 against a special public officer who violates Subsection (5)(a).
(6) The filing clerk shall deposit a fine collected under this section into the, as applicable, special district’s, special service district’s, or school district’s general fund as a dedicated credit to pay for the costs of administering this section.
(7) For a special public officer who is also a state legislator, a member of the legislative body of a county or municipality, or who is otherwise required to make the written disclosure statement described in Subsection (1) under another provision of law:
(7)(a) Subsection (1) does not apply; and
(7)(b) the filing clerk shall, instead:
(7)(b)(i) post an electronic link on the website described in Subsection (2)(a)(i) to the written disclosure statement the special public officer made in the special public officer’s capacity as:
(7)(b)(i)(A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures;
(7)(b)(i)(B) an elected officer of a county, under Section 17-16a-13 ;
(7)(b)(i)(C) an elected officer of a municipality, under Section 10-3-1313 ; or
(7)(b)(i)(D) an individual who is otherwise required to make the written disclosure statement described in Subsection (1) under another provision of law; and
(7)(b)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (7)(b)(i).