(1) Except as provided in Subsection (6), it is an offense for a public officer or public employee to receive or agree to receive compensation for assisting any person or business entity in any transaction involving an agency unless the public officer or public employee files a sworn, written statement disclosing the information described in Subsection (2) with:

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Terms Used In Utah Code 67-16-6

  • Agency: means :
         (1)(a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or
         (1)(b) an association as defined in Section 53G-7-1101. See Utah Code 67-16-3
  • Agency head: means the chief executive or administrative officer of any agency. See Utah Code 67-16-3
  • 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 67-16-3
  • Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any 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 67-16-3
  • 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
  • Governing body: means :
         (8)(a) the legislative body of a county, city, or town that establishes a special service district, if an administrative control board has not been appointed under Section 17D-1-301; or
         (8)(b) the administrative control board of a special service district, if the administrative control board has been appointed under Section 17D-1-301. See Utah Code 67-16-3
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:
              (14)(a)(i) the state;
              (14)(a)(ii) a political subdivision of the state; or
              (14)(a)(iii) an association as defined in Section 53G-7-1101. 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) the head of the officer or employee’s own agency;
     (1)(b) the agency head of the agency with which the transaction is being conducted;
     (1)(c) the state attorney general; and
     (1)(d) for a public officer who is a special public officer, the filing clerk of the board of trustees, governing body, or local school board, as applicable, of which the special public officer is an elected or appointed member.
(2) The sworn statement described in Subsection (1) shall contain:

     (2)(a) the name and address of the public officer or public employee involved;
     (2)(b) the name of the public officer’s or public employee’s agency;
     (2)(c) the name and address of the person or business entity being or to be assisted; and
     (2)(d) a brief description of:

          (2)(d)(i) the transaction as to which service is rendered or is to be rendered; and
          (2)(d)(ii) the nature of the service performed or to be performed.
(3) A public officer or public employee shall file the sworn statement described in Subsection (1) on or before the earlier of:

     (3)(a) 10 days after the date on which the public officer or public employee and the person or business entity being assisted enter into an agreement; or
     (3)(b) the public officer’s or public employee’s receipt of compensation.
(4) In accordance with Subsection (1)(d), a special public officer shall file the sworn statement with the filing clerk on or before the earlier of the deadlines described in Subsections (3)(a) and (b).
(5) A filing clerk who receives the sworn statement described in Subsection (1) shall:

     (5)(a) post a copy of the special public officer’s sworn statement on, as applicable, the special district’s, special service district’s, or school district’s website; and
     (5)(b) ensure that the sworn statement remains posted on the website described in Subsection (5)(a) until the special public officer leaves office.
(6) The sworn statement described in Subsection (1) is public information and shall be available for examination by the public.
(7) This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.

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