1     
EMPLOYMENT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill expands nepotism provisions of Title 52, Chapter 3, Prohibiting Employment
10     of Relatives, to include a household member.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     expands nepotism provisions of Title 52, Chapter 3, Prohibiting Employment of
15     Relatives, to include a household member; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          52-3-1, as last amended by Laws of Utah 2015, Chapter 56
24          52-3-2, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 52-3-1 is amended to read:
28          52-3-1. Employment of relatives and household members prohibited --
29     Exceptions.
30          (1) [For purposes of this section] As used in this chapter:
31          (a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
32     from public funds.
33          (b) "Chief administrative officer" means the person who has ultimate responsibility for
34     the operation of the department or agency of the state or a political subdivision.
35          (c) "Household member" means a person who resides in the same residence as the
36     public officer.
37          [(c)] (d) "Public officer" means a person who holds a position that is compensated by
38     public funds.
39          [(d)] (e) "Relative" means a father, mother, husband, wife, son, daughter, sister,
40     brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first
41     cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or
42     daughter-in-law.
43          (2) (a) [No] A public officer may not employ, appoint, or vote for or recommend the
44     appointment of [a relative in or to any position or employment, when the salary, wages, pay, or
45     compensation of the appointee will be paid from public funds and] an appointee when the
46     appointee will be directly supervised by a relative[, except as follows] or household member,
47     unless:
48          (i) the appointee is eligible or qualified to be employed by a department or agency of
49     the state or a political subdivision of the state as a result of [his] the appointee's compliance
50     with civil service [laws or regulations,] or merit system laws or regulations;
51          (ii) the appointee will be compensated from funds designated for vocational training;
52          (iii) the appointee will be employed for a period of 12 weeks or less;
53          (iv) the appointee is a volunteer as defined by the employing entity; or
54          (v) the chief administrative officer determines that the appointee is the only or best
55     person available, qualified, or eligible for the position.
56          (b) [No] A public officer may not directly supervise an appointee who is a relative
57     [when the salary, wages, pay, or compensation of the relative will be paid from public funds,
58     except as follows] or household member of the public officer, unless:
59          (i) the [relative] appointee was appointed or employed before the public officer
60     assumed [his] the public officer's supervisory position, if the [relative's] appointee's
61     appointment did not violate the provisions of this chapter in effect at the time of [his] the
62     appointee's appointment;
63          (ii) the appointee is eligible or qualified to be employed by a department or agency of
64     the state or a political subdivision of the state as a result of [his] the appointee's compliance
65     with civil service [laws or regulations,] or merit system laws or regulations;
66          (iii) the appointee will be compensated from funds designated for vocational training;
67          (iv) the appointee will be employed for a period of 12 weeks or less;
68          (v) the appointee is a volunteer as defined by the employing entity;
69          (vi) the appointee is the only person available, qualified, or eligible for the position; or
70          (vii) the chief administrative officer determines that the public officer is the only
71     [person] individual available or best qualified to perform supervisory functions for the
72     appointee.
73          (c) When a public officer supervises a relative or household member under Subsection
74     (2)(b):
75          (i) the public officer shall [make] immediately submit a complete written disclosure of
76     the [relationship to the chief administrative officer of the agency or institution; and] public
77     officer's relationship with the relative or household member:
78          (A) for a public officer subject to the requirements of Title 67, Chapter 16, Utah Public
79     Officers' and Employees' Ethics Act, in the same manner the public officer is required to make
80     a disclosure under Section 67-16-7;
81          (B) for a public officer subject to the requirements of Title 17, Chapter 16a, County
82     Officers and Employees Disclosure Act, in the same manner the public officer is required to
83     make a disclosure under Section 17-16a-6; and
84          (C) for a public officer subject to the requirements of Title 10, Chapter 3, Part 13,
85     Municipal Officers' and Employees' Ethics Act, in the same manner the public officer is
86     required to make a disclosure under Section 10-3-1306; and
87          (ii) the public officer [who exercises authority over a relative] may not evaluate the
88     [relative's] job performance of or recommend salary increases for the relative or household
89     member.
90          (d) A disclosure submitted under this Subsection (2) is public, and the person or entity
91     with which the public officer files the disclosure shall make the disclosure available for public
92     inspection.
93          (3) [No] An appointee may not accept or retain employment if [he is paid from public
94     funds, and he is] accepting or retaining employment will place the appointee under the direct
95     supervision of a relative[, except as follows] or household member unless:
96          (a) the relative or household member was appointed or employed before the [public
97     officer assumed his] appointee assumed the appointee's position, if the [relative's] appointment
98     of the relative or household member did not violate the provisions of this chapter in effect at
99     the time of [his] the appointment;
100          (b) the appointee was or is eligible or qualified to be employed by a department or
101     agency of the state or a political subdivision of the state as a result of [his] the appointee's
102     compliance with civil service [laws or regulations,] or merit system laws or regulations;
103          (c) the appointee is the only person available, qualified, or eligible for the position;
104          (d) the appointee is compensated from funds designated for vocational training;
105          (e) the appointee is employed for a period of 12 weeks or less;
106          (f) the appointee is a volunteer as defined by the employing entity; or
107          (g) the chief administrative officer [has determined] determines that the appointee's
108     relative or household member is the only [person] individual available or qualified to supervise
109     the appointee.
110          Section 2. Section 52-3-2 is amended to read:
111          52-3-2. Each day of violation a separate offense.
112          Each day [any such person, father, mother, husband, wife, son, daughter, sister, brother,
113     uncle, aunt, nephew, niece, first cousins, mother-in-law, father-in-law, brother-in-law,
114     sister-in-law, son-in-law or daughter-in-law, is retained in office by any of said officials shall
115     be regarded as] a relative or household member remains unlawfully in office in violation of this
116     chapter is a separate offense.