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S.B. 251

             1     

PROHIBITING EMPLOYMENT OF RELATIVES

             2     
- AMENDMENTS

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Lyle W. Hillyard

             6      This act modifies provisions governing employment of relatives by prohibiting elected
             7      officials from employing, appointing, voting for, or recommending the appointment of, a
             8      relative of another member of the elected body in which the official serves when the relative's
             9      remuneration is paid from public funds.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          52-3-1, as last amended by Chapter 25, Laws of Utah 1988
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 52-3-1 is amended to read:
             15           52-3-1. Employment of relatives prohibited -- Exceptions.
             16          (1) For purposes of this section:
             17          (a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
             18      from public funds.
             19          (b) "Chief administrative officer" means the person who has ultimate responsibility for the
             20      operation of the department or agency of the state or a political subdivision.
             21          (c) "Public officer" means a person who holds a position that is compensated by public
             22      funds.
             23          (d) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,
             24      aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law,
             25      son-in-law, or daughter-in-law.
             26          (2) (a) No public officer may employ, appoint, or vote for or recommend the appointment
             27      of a relative in or to any position or employment, when the salary, wages, pay, or compensation


             28      of the appointee will be paid from public funds and the appointee will be directly supervised by
             29      a relative, except as follows:
             30          (i) the appointee is eligible or qualified to be employed by a department or agency of the
             31      state or a political subdivision of the state as a result of his compliance with civil service laws or
             32      regulations, or merit system laws or regulations;
             33          (ii) the appointee will be compensated from funds designated for vocational training;
             34          (iii) the appointee will be employed for a period of 12 weeks or less;
             35          (iv) the appointee is a volunteer as defined by the employing entity;
             36          (v) the appointee is the only person available, qualified, or eligible for the position; or
             37          (vi) the chief administrative officer determines that the public officer is the only person
             38      available or best qualified to perform supervisory functions for the appointee.
             39          (b) No public officer may directly supervise an appointee who is a relative when the salary,
             40      wages, pay, or compensation of the relative will be paid from public funds, except as follows:
             41          (i) the relative was appointed or employed before the public officer assumed his position,
             42      if the relative's appointment did not violate the provisions of this chapter in effect at the time of
             43      his appointment;
             44          (ii) the appointee is eligible or qualified to be employed by a department or agency of the
             45      state or a political subdivision of the state as a result of his compliance with civil service laws or
             46      regulations, or merit system laws or regulations;
             47          (iii) the appointee will be compensated from funds designated for vocational training;
             48          (iv) the appointee will be employed for a period of 12 weeks or less;
             49          (v) the appointee is a volunteer as defined by the employing entity;
             50          (vi) the appointee is the only person available, qualified, or eligible for the position; or
             51          (vii) the chief administrative officer determines that the public officer is the only person
             52      available or best qualified to perform supervisory functions for the appointee.
             53          (c) When a public officer supervises a relative under Subsection (2)(b):
             54          (i) the public officer shall make a complete written disclosure of the relationship to the
             55      chief administrative officer of the agency or institution; and
             56          (ii) the public officer who exercises authority over a relative may not evaluate the relative's
             57      job performance or recommend salary increases for the relative.
             58          (d) If the salary, wages, pay, or compensation will be paid from public funds, an elected


             59      public officer may not:
             60          (i) knowingly employ, appoint, or vote for the relative of another member of the same
             61      elected body in which the public officer serves; or
             62          (ii) recommend the appointment of a relative of another member of the same elected body
             63      in which the public officer serves to any position of employment within the jurisdiction where the
             64      elected public officer serves.
             65          (3) No appointee may accept or retain employment if he is paid from public funds, and he
             66      is under the direct supervision of a relative, except as follows:
             67          (a) the relative was appointed or employed before the public officer assumed his position,
             68      if the relative's appointment did not violate the provisions of this chapter in effect at the time of
             69      his appointment;
             70          (b) the appointee was or is eligible or qualified to be employed by a department or agency
             71      of the state or a political subdivision of the state as a result of his compliance with civil service
             72      laws or regulations, or merit system laws or regulations;
             73          (c) the appointee is the only person available, qualified, or eligible for the position;
             74          (d) the appointee is compensated from funds designated for vocational training;
             75          (e) the appointee is employed for a period of 12 weeks or less;
             76          (f) the appointee is a volunteer as defined by the employing entity; or
             77          (g) the chief administrative officer has determined that the appointee's relative is the only
             78      person available or qualified to supervise the appointee.




Legislative Review Note
    as of 2-5-01 12:19 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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