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S.B. 251
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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.