1     
NEPOTISM AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Bruce R. Cutler

5     
Senate Sponsor: Jani Iwamoto

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7     LONG TITLE
8     General Description:
9          This bill amends provisions prohibiting a public officer from employing a relative.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definition of "relative";
13          ▸     revises nepotism provisions; and
14          ▸     makes technical and conforming amendments.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          52-3-1, as last amended by Laws of Utah 2010, Chapter 324
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 52-3-1 is amended to read:
25          52-3-1. Employment of relatives prohibited -- Exceptions.
26          (1) For purposes of this section:
27          (a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
28     from public funds.
29          (b) "Chief administrative officer" means the person who has ultimate responsibility for

30     the operation of the department or agency of the state or a political subdivision.
31          (c) "Public officer" means a person who holds a position that is compensated by public
32     funds.
33          (d) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
34     grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
35     mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
36          (2) (a) No public officer may employ, appoint, or vote for or recommend the
37     appointment of a relative in or to any position or employment, when the salary, wages, pay, or
38     compensation of the appointee will be paid from public funds and the appointee will be directly
39     supervised by a relative, except as follows:
40          (i) the appointee is eligible or qualified to be employed by a department or agency of
41     the state or a political subdivision of the state as a result of his compliance with civil service
42     laws or regulations, or merit system laws or regulations;
43          (ii) the appointee will be compensated from funds designated for vocational training;
44          (iii) the appointee will be employed for a period of 12 weeks or less;
45          (iv) the appointee is a volunteer as defined by the employing entity; or
46          (v) the chief administrative officer determines that the appointee is the only or best
47     person available, qualified, or eligible for the position[; or].
48          [(vi) the chief administrative officer determines that the public officer is the only
49     person available or best qualified to perform supervisory functions for the appointee.]
50          (b) No public officer may directly supervise an appointee who is a relative when the
51     salary, wages, pay, or compensation of the relative will be paid from public funds, except as
52     follows:
53          (i) the relative was appointed or employed before the public officer assumed his
54     position, if the relative's appointment did not violate the provisions of this chapter in effect at
55     the time of his appointment;
56          (ii) the appointee is eligible or qualified to be employed by a department or agency of
57     the state or a political subdivision of the state as a result of his compliance with civil service

58     laws or regulations, or merit system laws or regulations;
59          (iii) the appointee will be compensated from funds designated for vocational training;
60          (iv) the appointee will be employed for a period of 12 weeks or less;
61          (v) the appointee is a volunteer as defined by the employing entity;
62          (vi) the appointee is the only person available, qualified, or eligible for the position; or
63          (vii) the chief administrative officer determines that the public officer is the only
64     person available or best qualified to perform supervisory functions for the appointee.
65          (c) When a public officer supervises a relative under Subsection (2)(b):
66          (i) the public officer shall make a complete written disclosure of the relationship to the
67     chief administrative officer of the agency or institution; and
68          (ii) the public officer who exercises authority over a relative may not evaluate the
69     relative's job performance or recommend salary increases for the relative.
70          (3) No appointee may accept or retain employment if he is paid from public funds, and
71     he is under the direct supervision of a relative, except as follows:
72          (a) the relative was appointed or employed before the public officer assumed his
73     position, if the relative's appointment did not violate the provisions of this chapter in effect at
74     the time of his appointment;
75          (b) the appointee was or is eligible or qualified to be employed by a department or
76     agency of the state or a political subdivision of the state as a result of his compliance with civil
77     service laws or regulations, or merit system laws or regulations;
78          (c) the appointee is the only person available, qualified, or eligible for the position;
79          (d) the appointee is compensated from funds designated for vocational training;
80          (e) the appointee is employed for a period of 12 weeks or less;
81          (f) the appointee is a volunteer as defined by the employing entity; or
82          (g) the chief administrative officer has determined that the appointee's relative is the
83     only person available or qualified to supervise the appointee.