<section number="67-21-2"><effdate>10/14/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="67-21-2(1)">"Abuse of authority" means an arbitrary or capricious exercise of power that:<subsection number="67-21-2(1)(a)">adversely affects the employment rights of another; or</subsection><subsection number="67-21-2(1)(b)">results in personal gain to the person exercising the authority or to another person.</subsection></subsection><subsection number="67-21-2(2)">"Communicate" means a verbal, written, broadcast, or other communicated report.</subsection><subsection number="67-21-2(3)">"Damages" means general and special damages for injury or loss caused by each violation of this chapter.</subsection><subsection number="67-21-2(4)">"Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied.</subsection><subsection number="67-21-2(5)"><subsection number="67-21-2(5)(a)">"Employer" means the public body or public entity that employs the employee.</subsection><subsection number="67-21-2(5)(b)">"Employer" includes an agent of an employer.</subsection></subsection><subsection number="67-21-2(6)">"Good faith" means that an employee acts with:<subsection number="67-21-2(6)(a)">subjective good faith; and</subsection><subsection number="67-21-2(6)(b)">the objective good faith of a reasonable employee.</subsection></subsection><subsection number="67-21-2(7)">"Gross mismanagement" means action or failure to act by a person, with respect to a person's responsibility, that causes significant harm or risk of harm to the mission of the public entity or public body that employs, or is managed or controlled by, the person.</subsection><subsection number="67-21-2(8)">"Institution of higher education" means the same as that term is defined in Section <xref depth="3" refnumber="53H-1-101">53H-1-101</xref>.</subsection><subsection number="67-21-2(9)">"Judicial employee" means an employee of the judicial branch of state government.</subsection><subsection number="67-21-2(10)">"Legislative employee" means an employee of the legislative branch of state government.</subsection><subsection number="67-21-2(11)">"Political subdivision employee" means an employee of a political subdivision of the state.</subsection><subsection number="67-21-2(12)">"Public body" means any of the following:<subsection number="67-21-2(12)(a)">a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;</subsection><subsection number="67-21-2(12)(b)">an agency, board, commission, council, institution member, or employee of the legislative branch of state government;</subsection><subsection number="67-21-2(12)(c)">a county, city, town, regional governing body, council, school district, special district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;</subsection><subsection number="67-21-2(12)(d)">any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;</subsection><subsection number="67-21-2(12)(e)">a law enforcement agency or any member or employee of a law enforcement agency; and</subsection><subsection number="67-21-2(12)(f)">the judiciary and any member or employee of the judiciary.</subsection></subsection><subsection number="67-21-2(13)">"Public entity" means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.</subsection><subsection number="67-21-2(14)">"Public entity employee" means an employee of a public entity.</subsection><subsection number="67-21-2(15)">"Retaliatory action" means the same as that term is defined in Section <xref depth="3" refnumber="67-19a-101" start="0">67-19a-101</xref>.</subsection><subsection number="67-21-2(16)">"Unethical conduct" means conduct that violates a provision of <xref depth="1" refnumber="67-16" start="0">Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act</xref>.</subsection></section>