1     
EMPLOYMENT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

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Senate Sponsor: ____________

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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 dating partner.
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 dating partner; 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 prohibited -- Exceptions.
29          (1) [For purposes of this section] As used in this chapter:
30          (a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
31     from public funds.
32          (b) "Chief administrative officer" means the person who has ultimate responsibility for
33     the operation of the department or agency of the state or a political subdivision.
34          (c) "Dating partner" means an individual with whom another individual has a dating
35     relationship.
36          (d) "Dating relationship" means an interpersonal relationship of a:
37          (i) sexually intimate nature; or
38          (ii) romantic nature, regardless of whether the relationship involves sexual intimacy.
39          [(c)] (e) "Public officer" means a person who holds a position that is compensated by
40     public funds.
41          [(d)] (f) "Relative" means a father, mother, husband, wife, son, daughter, sister,
42     brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first
43     cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, [or]
44     daughter-in-law, or dating partner.
45          (2) In determining, based on a totality of circumstances, whether a dating relationship
46     exists under Subsection (1)(d):
47          (a) a person shall consider all relevant factors, including:
48          (i) whether the individuals have developed interpersonal bonding above a mere casual
49     fraternization;
50          (ii) the length of the individuals' relationship;
51          (iii) the nature and the frequency of the individuals' interactions, including
52     communications indicating that the individuals intended to begin a dating relationship;
53          (iv) the ongoing expectations of the individuals, individually or jointly, with respect to
54     the relationship;
55          (v) whether, by statement or conduct, the individuals demonstrated an affirmation of
56     their relationship to others; and
57          (vi) whether other reasons exist that support or detract from a finding that a dating
58     relationship exists; and
59          (b) it is not necessary that a person find all, or a particular number, of the factors
60     described in Subsection (2)(a) to support the existence of a dating relationship.
61          [(2) (a)] (3) (a) [No] A public officer may not employ, appoint, or vote for or
62     recommend the appointment of [a relative in or to any position or employment, when the
63     salary, wages, pay, or compensation of the appointee will be paid from public funds and] an
64     appointee when the appointee will be directly supervised by a relative, [except as follows]
65     unless:
66          (i) the appointee is eligible or qualified to be employed by a department or agency of
67     the state or a political subdivision of the state as a result of [his] the appointee's compliance
68     with civil service [laws or regulations,] or merit system laws or regulations;
69          (ii) the appointee will be compensated from funds designated for vocational training;
70          (iii) the appointee will be employed for a period of 12 weeks or less;
71          (iv) the appointee is a volunteer as defined by the employing entity; or
72          (v) the chief administrative officer determines that the appointee is the only or best
73     person available, qualified, or eligible for the position.
74          (b) [No] A public officer may not directly supervise an appointee who is a relative
75     [when the salary, wages, pay, or compensation of the relative will be paid from public funds,
76     except as follows] of the public officer, unless:
77          (i) the [relative] appointee was appointed or employed before the public officer
78     assumed [his] the public officer's supervisory position, if the [relative's] appointee's
79     appointment did not violate the provisions of this chapter in effect at the time of [his] the
80     appointee's appointment;
81          (ii) the appointee is eligible or qualified to be employed by a department or agency of
82     the state or a political subdivision of the state as a result of [his] the appointee's compliance
83     with civil service [laws or regulations,] or merit system laws or regulations;
84          (iii) the appointee will be compensated from funds designated for vocational training;
85          (iv) the appointee will be employed for a period of 12 weeks or less;
86          (v) the appointee is a volunteer as defined by the employing entity;
87          (vi) the appointee is the only person available, qualified, or eligible for the position; or
88          (vii) the chief administrative officer determines that the public officer is the only
89     [person] individual available or best qualified to perform supervisory functions for the
90     appointee.
91          (c) When a public officer supervises a relative under Subsection [(2)] (3)(b):
92          (i) the public officer shall [make] immediately submit a complete written disclosure of
93     the [relationship to the chief administrative officer of the agency or institution; and] public
94     officer's relationship with the relative:
95          (A) for a public officer subject to the requirements of Title 67, Chapter 16, Utah Public
96     Officers' and Employees' Ethics Act, in the same manner the public officer is required to make
97     a disclosure under Section 67-16-7;
98          (B) for a public officer subject to the requirements of Title 17, Chapter 16a, County
99     Officers and Employees Disclosure Act, in the same manner the public officer is required to
100     make a disclosure under Section 17-16a-6; and
101          (C) for a public officer subject to the requirements of Title 10, Chapter 3, Part 13,
102     Municipal Officers' and Employees' Ethics Act, in the same manner the public officer is
103     required to make a disclosure under Section 10-3-1306; and
104          (ii) the public officer [who exercises authority over a relative] may not evaluate the
105     relative's job performance or recommend salary increases for the relative.
106          (d) A disclosure submitted under this Subsection (3) is public, and the person or entity
107     with which the public officer files the disclosure shall make the disclosure available for public
108     inspection.
109          [(3)] (4) [No] An appointee may not accept or retain employment if [he is paid from
110     public funds, and he is] accepting or retaining employment will place the appointee under the
111     direct supervision of a relative, [except as follows] unless:
112          (a) the relative was appointed or employed before the [public officer assumed his]
113     appointee assumed the appointee's position, if the relative's appointment did not violate the
114     provisions of this chapter in effect at the time of [his] the relative's appointment;
115          (b) the appointee was or is eligible or qualified to be employed by a department or
116     agency of the state or a political subdivision of the state as a result of [his] the appointee's
117     compliance with civil service [laws or regulations,] or merit system laws or regulations;
118          (c) the appointee is the only person available, qualified, or eligible for the position;
119          (d) the appointee is compensated from funds designated for vocational training;
120          (e) the appointee is employed for a period of 12 weeks or less;
121          (f) the appointee is a volunteer as defined by the employing entity; or
122          (g) the chief administrative officer [has determined] determines that the appointee's
123     relative is the only [person] individual available or qualified to supervise the appointee.
124          Section 2. Section 52-3-2 is amended to read:
125          52-3-2. Each day of violation a separate offense.
126          Each day [any such person, father, mother, husband, wife, son, daughter, sister, brother,
127     uncle, aunt, nephew, niece, first cousins, mother-in-law, father-in-law, brother-in-law,
128     sister-in-law, son-in-law or daughter-in-law, is retained in office by any of said officials shall
129     be regarded as] a relative remains unlawfully in office in violation of this chapter is a separate
130     offense.




Legislative Review Note
Office of Legislative Research and General Counsel