Second Substitute H.B. 7

Senator D. Edgar Allen proposes to substitute the following bill:

1 RESTRICTION ON POLITICAL ACTIVITY
2 OF MUNICIPAL EMPLOYEES
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neil A. Hansen
6 AN ACT RELATING TO THE UTAH MUNICIPAL CODE; LIMITING CERTAIN POLITICAL
7 ACTIVITIES OF MUNICIPAL EMPLOYEES; ALLOWING LEAVE OF ABSENCE UNDER
8 CERTAIN CIRCUMSTANCES; AND PROHIBITING ADVERSE EMPLOYMENT ACTION
9 BY A MUNICIPALITY UNDER CERTAIN CIRCUMSTANCES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 10-3-1108, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 10-3-1108 is enacted to read:
15 10-3-1108. Political activity of municipal officer or employee.
16 (1) For purposes of this section, "hours of employment" means occurring at a time when
17 an officer or employee is acting within the course and scope of employment, but excludes a lunch
18 break afforded to the officer or employee.
19 (2) Except as otherwise provided by federal law:
20 (a) the partisan political activity, political opinion, or political affiliation of an applicant
21 for a position with a municipality may not provide a basis for denying employment to the
22 applicant;
23 (b) an officer or employee's partisan political activity, political opinion, or political
24 affiliation may not provide the basis for the officer or employee's employment, promotion,
25 disciplinary action, demotion, or dismissal;

26 (c) a municipal officer or employee may not solicit political contributions from employees
27 of the municipality during hours of employment;
28 (d) a municipal officer or employee may not use municipal equipment while engaged in
29 political activity;
30 (e) a municipal officer or employee may not directly or indirectly coerce, command, or
31 advise another municipal officer or employee to pay, lend, or contribute part of the officer or
32 employee's salary or compensation, or anything else of value to a political party, committee,
33 organization, agency, or person for political purposes; and
34 (f) a municipal officer or employee may not attempt to make another officer or employee's
35 personnel status dependent on the officer or employee's support or lack of support of a political
36 party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.
37 (3) A municipal employee who has filed a declaration of candidacy may:
38 (a) be given a leave of absence for the period between the primary election and the general
39 election; and
40 (b) use any vacation or other leave available to engage in campaign activities.
41 (4) If a municipal officer or employee is elected to a partisan or full-time nonpartisan
42 political office, the employee may:
43 (a) be given a leave of absence without pay for the time during which the employee
44 receives compensation for service in the political office; and
45 (b) use any vacation or other leave available to serve in the political office.
46 (5) Neither the filing of a declaration of candidacy nor a leave of absence under this
47 section may be used as the basis for an adverse employment action, including discipline and
48 termination, against the employee.
49 (6) Nothing in this section may be construed to:
50 (a) prohibit a municipal officer or employee's voluntary contribution to a party or candidate
51 of the officer or employee's choice; or
52 (b) permit a municipal officer or employee's partisan political activity that is prohibited
53 under federal law.