67-16-6. Receiving compensation for assistance in transaction involving an agency -- Sworn statement.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Except as provided in Subsection (6), it is an offense for a public officer or public employee to receive or agree to receive compensation for assisting any person or business entity in any transaction involving an agency unless the public officer or public employee files a sworn, written statement disclosing the information described in Subsection

(2)with:

(a)the head of the officer or employee's own agency;

(b)the agency head of the agency with which the transaction is being conducted;

(c)the state attorney general; and

(d)for a public officer who is a special public officer, the filing clerk of the board of trustees, governing body, or local school board, as applicable, of which the special public officer is an elected or appointed member.

(2)The sworn statement described in Subsection

(1)shall contain:

(a)the name and address of the public officer or public employee involved;

(b)the name of the public officer's or public employee's agency;

(c)the name and address of the person or business entity being or to be assisted; and

(d)a brief description of:

(i)the transaction as to which service is rendered or is to be rendered; and

(ii)the nature of the service performed or to be performed.

(3)A public officer or public employee shall file the sworn statement described in Subsection

(1)on or before the earlier of:

(a)10 days after the date on which the public officer or public employee and the person or business entity being assisted enter into an agreement; or

(b)the public officer's or public employee's receipt of compensation.

(4)In accordance with Subsection (1)(d), a special public officer shall file the sworn statement with the filing clerk on or before the earlier of the deadlines described in Subsections (3)(a) and (b).

(5)A filing clerk who receives the sworn statement described in Subsection

(1)shall:

(a)post a copy of the special public officer's sworn statement on, as applicable, the special district's, special service district's, or school district's website; and

(b)ensure that the sworn statement remains posted on the website described in Subsection (5)(a) until the special public officer leaves office.

(6)The sworn statement described in Subsection

(1)is public information and shall be available for examination by the public.

(7)This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105 .

Amended by Chapter 443 , 2024 General Session