reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 8 - Utah Elected Official and Judicial Salary Act › Section 2 - Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.

Effective 7/1/2024
67-8-2.
Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.
(1) The salaries of judges of courts of record, as described in Section 78A-1-101, shall be set annually by the Legislature in an appropriations act.
(2) Judicial salaries shall be based on the following percentages of the salary of a district court judge:
(a) juvenile court judges: 100%;
(b) Business and Chancery Court judges: 100%;
(c) Court of Appeals judges: 105%; and
(d) justices of the Supreme Court: 110%.
(3)
(a) A salary described in Subsection (2) does not include additional compensation provided for a presiding judge or associate presiding judge under:
(i) Section 78A-3-101;
(ii) Section 78A-4-102;
(iii) Section 78A-5-106;
(iv) Section 78A-5a-202; or
(v) Section 78A-6-203.
(b) Compensation described in Subsection (3)(a) does not constitute a salary for purposes of Utah Constitution, Article VIII, Section 14.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 8 - Utah Elected Official and Judicial Salary Act › Section 3 - Compensation plan for appointive officers -- Exceptions -- Legislative approval -- Career status attorneys.

Effective 7/1/2021
67-8-3.
Compensation plan for appointive officers -- Exceptions -- Legislative approval -- Career status attorneys.
(1)
(a) The director of the Division of Human Resource Management, based upon recommendations of the Executive and Judicial Compensation Commission shall, before October 31 of each year, recommend to the governor a compensation plan for appointed officers of the state except those officers whose compensation is set under Section 49-11-203, 53E-3-302, 53B-1-408, or 53C-1-301.
(b) The plan shall include salaries and wages, paid leave, group insurance plans, retirement programs, and any other benefits that may be offered to state officers.
(2) The governor shall include in each annual budget proposal to the Legislature specific recommendations on compensation for those appointed state officers in Subsection (1).
(3)
(a) After consultation with the attorney general, the director of the Division of Human Resource Management shall place career status attorneys on a state salary schedule at a range comparable with salaries paid attorneys in private and other public employment.
(b) The attorney general and the executive director shall take into consideration the experience of the attorney, length of service with the Office of the Attorney General, quality of performance, and responsibility involved in legal assignments.
(c) The attorney general and the executive director shall periodically adjust the salary levels for attorneys in a career status to reasonably compensate them for full-time employment and the restrictions placed on the private practice of law.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 8 - Utah Elected Official and Judicial Salary Act › Section 4 - State Elected Official and Judicial Compensation Commission created -- Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum -- Compensation -- Staff.

Effective 5/12/2020
67-8-4.
State Elected Official and Judicial Compensation Commission created -- Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum -- Compensation -- Staff.
(1) There is created a state Elected Official and Judicial Compensation Commission comprised of six members, not more than three of whom may be from the same political party, appointed as follows:
(a) one member appointed by the governor;
(b) one member appointed by the president of the Senate;
(c) one member appointed by the speaker of the House of Representatives;
(d) two members appointed by the other three appointed members; and
(e) one member appointed by the State Bar Commission.
(2)
(a) Except as required by Subsection (2)(b), all persons appointed to the commission shall serve four-year terms or until their successors are duly appointed and qualified.
(b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(3)
(a) The commission shall select a chair and a vice chair from opposite political parties at its first meeting.
(b) Four members of the commission constitute a quorum.
(c) The action of a majority of a quorum constitutes the action of the commission.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) An individual may not serve as a member of the commission if the individual is a member or employee of the legislative branch, judicial branch, or executive branch.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) A nonpartisan office of the Legislature, selected by the president of the Senate and the speaker of the House of Representatives, shall staff the commission.
Amended by Chapter 432, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 8 - Utah Elected Official and Judicial Salary Act › Section 5 - Duties of commission -- Salary recommendations.

Effective 7/1/2021
67-8-5.
Duties of commission -- Salary recommendations.
(1) The commission shall recommend to the Legislature:
(a) salaries for the governor, the lieutenant governor, the attorney general, the state auditor, and the state treasurer; and
(b) salaries for justices of the Supreme Court and judges of the constitutional and statutory courts of record.
(2) In making the salary recommendations described in Subsection (1), the commission shall:
(a) consider:
(i) the education and experience required for the position;
(ii) the responsibility required of the position;
(iii) whether the position requires accountability for funds or staff;
(iv) wages paid for other comparable public and private employment in the state and in other similarly situated states;
(v) any increase in the Consumer Price Index since the commission's last recommendations; and
(vi) any other factors typically used to make similar recommendations;
(b) consult with the Division of Human Resource Management; and
(c) for the salary recommendations described in Subsection (1)(b), consult with the Judicial Council.
(3) No later than January 2, the commission shall submit an annual electronic report to the Executive Appropriations Committee, the president of the Senate, the speaker of the House of Representatives, and the governor that:
(a) briefly summarizes the commission's activities during the previous calendar year; and
(b) provides any recommendations to modify the salaries of:
(i) the governor, lieutenant governor, attorney general, state auditor, or state treasurer; or
(ii) the justices of the Supreme Court or judges of the constitutional and statutory courts of record.
(4) The Judicial Council shall cooperate with the commission in providing information relevant to the duties of the commission.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 9 - Deputy Officers › Section 1 - Appointment -- Powers.

67-9-1.
Appointment -- Powers.
The state auditor, the state treasurer, the attorney general, and the superintendent of public instruction may each appoint a deputy, who may, during the absence or disability of the principal, perform all the duties pertaining to the office, except those required of the principal as a member of any board. The principal shall be answerable for neglect or misconduct in office of his deputy, and may require from him a bond for his own security. The appointment of a deputy shall be in writing, and shall be revocable at the pleasure of the principal; and all such appointments and revocations shall be filed with the lieutenant governor.
Amended by Chapter 68, 1984 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 10 - Reports of Officers › Section 1 - Reports of expenditures of appropriations -- Exceptions.

67-10-1.
Reports of expenditures of appropriations -- Exceptions.
Excepting the governor and the state auditor, all state officers, state boards and commissions, and the officers of all state institutions, to whom and for which appropriations are made, shall submit to the Division of Archives a detailed statement, under oath, of the manner in which all appropriations for their respective departments and institutions have been expended.
Amended by Chapter 67, 1984 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 10 - Reports of Officers › Section 2 - Accounts to be closed at end of fiscal year.

67-10-2.
Accounts to be closed at end of fiscal year.
All officers who are required by law to report annually or biennially to the Legislature or governor shall close their accounts at the end of the fiscal year, and as soon thereafter as practicable shall prepare and compile the material for their respective reports.
Amended by Chapter 153, 1957 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 11 - Federal Social Security › Section 1 - Declaration of policy.

67-11-1.
Declaration of policy.
In order to extend to employees of the state and its political subdivisions and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the Legislature, subject to the limitations of this act, that such steps be taken as to provide such protection to employees of the state and its political subdivisions within the limitations permitted under the Social Security Act.
Amended by Chapter 184, 1973 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 11 - Federal Social Security › Section 4 - Payments into Contribution Fund by employees.

67-11-4.
Payments into Contribution Fund by employees.
(1) Every employee of the state whose services are covered by an agreement entered into under Section 67-11-3 shall be required to pay contributions for the period of such coverage, into the Contribution Fund established by Section 67-11-6 with respect to wages, as defined in Section 67-11-2, equal to the amount of tax which would be imposed by Section 1400 of the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act. This liability shall arise in consideration of the employee's retention in the service of the state, or his entry upon such service, after February 14, 1951.
(2) The contribution imposed by this section shall be collected by the authorized state fiscal officers by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 11 - Federal Social Security › Section 8 - Utah State Social Security Agency -- Creation of -- Powers and prerogatives of.

67-11-8.
Utah State Social Security Agency -- Creation of -- Powers and prerogatives of.
(1) The state finance commission is hereby designated as the state agency authorized to administer this act, and for that purpose shall be known as the Utah State Social Security Agency.
(2) The state agency shall have power to establish and maintain records, employ such personnel, accountants and attorneys and to do all things necessary to the proper administration of this act. It shall make and publish such rules and regulations, not inconsistent with the provisions of this act, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this act.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 11 - Federal Social Security › Section 9 - Studies by state agency.

67-11-9.
Studies by state agency.
The state agency shall make studies concerning the problem of old-age and survivors insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this chapter.
Amended by Chapter 135, 1997 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 2 - Purpose of chapter.

67-16-2.
Purpose of chapter.
The purpose of this chapter is to set forth standards of conduct for officers and employees of the state of Utah and its political subdivisions in areas where there are actual or potential conflicts of interest between their public duties and their private interests. In this manner the Legislature intends to promote the public interest and strengthen the faith and confidence of the people of Utah in the integrity of their government. It does not intend to deny any public officer or employee the opportunities available to all other citizens of the state to acquire private economic or other interests so long as this does not interfere with his full and faithful discharge of his public duties.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 4 - Improperly disclosing or using private, controlled, or protected information -- Using position to secure privileges or exemptions -- Accepting employment that would impair independence of judgment or ethical performance -- Exception.

Effective 3/22/2018
67-16-4.
Improperly disclosing or using private, controlled, or protected information -- Using position to secure privileges or exemptions -- Accepting employment that would impair independence of judgment or ethical performance -- Exception.
(1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator to:
(a) accept employment or engage in any business or professional activity that he might reasonably expect would require or induce him to improperly disclose controlled information that he has gained by reason of his official position;
(b) disclose or improperly use controlled, private, or protected information acquired by reason of his official position or in the course of official duties in order to further substantially the officer's or employee's personal economic interest or to secure special privileges or exemptions for himself or others;
(c) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges or exemptions for himself or others;
(d) accept other employment that he might expect would impair his independence of judgment in the performance of his public duties; or
(e) accept other employment that he might expect would interfere with the ethical performance of his public duties.
(2)
(a) Subsection (1) does not apply to the provision of education-related services to public school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section 53E-3-512.
(3) This section does not apply to a public officer, public employee, or legislator who engages in conduct that constitutes a violation of this section to the extent that the public officer, public employee, or legislator is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 5 - Accepting gift, compensation, or loan -- When prohibited.

Effective 3/29/2014
67-16-5.
Accepting gift, compensation, or loan -- When prohibited.
(1) As used in this section, "economic benefit tantamount to a gift" includes:
(a) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
(2) Except as provided in Subsection (4), it is an offense for a public officer or public employee to knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:
(a) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties;
(b) that the public officer or public employee knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the public officer or public employee for official action taken; or
(c) if the public officer or public employee recently has been, is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided in Section 67-16-6.
(3) Subsection (2) does not apply to:
(a) an occasional nonpecuniary gift, having a value of not in excess of $50;
(b) an award publicly presented in recognition of public services;
(c) any bona fide loan made in the ordinary course of business; or
(d) a political campaign contribution.
(4) 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 196, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 5.3 - Requiring donation, payment, or service to government agency in exchange for approval -- When prohibited.

Effective 3/29/2014
67-16-5.3.
Requiring donation, payment, or service to government agency in exchange for approval -- When prohibited.
(1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator to demand from any person as a condition of granting any application or request for a permit, approval, or other authorization, that the person donate personal property, money, or services to any agency.
(2)
(a) Subsection (1) does not apply to any donation of property, funds, or services to an agency that is:
(i) expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval, or other authorization;
(iii) made voluntarily by the applicant; or
(iv) a condition of a consent decree, settlement agreement, or other binding instrument entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(b) If a person donates property, funds, or services to an agency, the agency shall, as part of the permit or other written authorization:
(i) identify that a donation has been made;
(ii) describe the donation;
(iii) certify, in writing, that the donation was voluntary; and
(iv) place that information in its files.
(3) This section does not apply to a public officer, public employee, or legislator who engages in conduct that constitutes a violation of this section to the extent that the public officer, public employee, or legislator is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 5.6 - Offering donation, payment, or service to government agency in exchange for approval -- When prohibited.

Effective 3/29/2014
67-16-5.6.
Offering donation, payment, or service to government agency in exchange for approval -- When prohibited.
(1) Except as provided in Subsection (3), it is an offense for any person to donate or offer to donate personal property, money, or services to any agency on the condition that the agency or any other agency approve any application or request for a permit, approval, or other authorization.
(2)
(a) Subsection (1) does not apply to any donation of property, funds, or services to an agency that is:
(i) otherwise expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval, or other authorization;
(iii) a condition of a consent decree, settlement agreement, or other binding instrument entered into to resolve, in whole or in part, an actual or threatened agency enforcement action; or
(iv) made without condition.
(b) The person making the donation of property, funds, or services shall include with the donation a signed written statement certifying that the donation is made without condition.
(c) The agency receiving the donation shall place the signed written statement in its files.
(3) This section does not apply to a person who engages in conduct that constitutes a violation of this section to the extent that the person is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 6 - Receiving compensation for assistance in transaction involving an agency -- Filing sworn statement.

Effective 3/29/2014
67-16-6.
Receiving compensation for assistance in transaction involving an agency -- Filing sworn statement.
(1) Except as provided in Subsection (5), 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 containing the information required by 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; and
(c) the state attorney general.
(2) The statement 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) The statement required to be filed under Subsection (1) shall be filed within 10 days after the date of any agreement between the public officer or public employee and the person or business entity being assisted or the receipt of compensation, whichever is earlier.
(4) The statement is public information and shall be available for examination by the public.
(5) 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 196, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 7 - Disclosure of substantial interest in regulated business -- Exceptions.

Effective 5/8/2018
67-16-7.
Disclosure of substantial interest in regulated business -- Exceptions.
(1) Except as provided in Subsection (5), a public officer or public employee who is an officer, director, agent, employee, or owner of a substantial interest in any business entity that is subject to the regulation of the agency by which the public officer or public employee is employed shall disclose any position held in the entity and the precise nature and value of the public officer's or public employee's interest in the entity:
(a) upon first becoming a public officer or public employee;
(b) whenever the public officer's or public employee's position in the business entity changes significantly; and
(c) if the value of the public officer's or public employee's interest in the entity increases significantly.
(2) The disclosure required under Subsection (1) shall be made in a sworn statement filed with:
(a) for a public officer or a public employee of the state, the attorney general;
(b) for a public officer or a public employee of a political subdivision, the chief governing body of the political subdivision;
(c) the head of the agency with which the public officer or public employee is affiliated; and
(d) for a public employee, the public employee's immediate supervisor.
(3)
(a) This section does not apply to instances where the total value of the substantial interest does not exceed $2,000.
(b) A life insurance policy or an annuity is not required to be considered in determining the value of a substantial interest under this section.
(4) A disclosure made under this section is a public record and a person with whom a disclosure is filed under Subsection (2) shall make the disclosure available for public inspection.
(5) A public officer is not required to file a disclosure under this section if the public officer files a disclosure under Section 20A-11-1604.
Amended by Chapter 59, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 8 - Participation in transaction involving business as to which public officer or employee has interest -- Exceptions.

Effective 5/8/2018
67-16-8.
Participation in transaction involving business as to which public officer or employee has interest -- Exceptions.
(1) A public officer or public employee may not, in the public officer's or public employee's official capacity, participate in, or receive compensation as a result of, a transaction between the state or a state agency and a business entity of which the public officer or public employee is an officer, director, agent, employee, or owner of a substantial interest, unless the public officer or public employee has disclosed the public officer's or public employee's relationship to the business entity in accordance with Section 67-16-7 or 20A-11-1604.
(2) A concession contract between an agency, political subdivision, or the state and a certified professional golf association member who is a public employee or officer does not violate the provisions of Subsection (1) or Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act.
Amended by Chapter 59, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 9 - Conflict of interests prohibited.

67-16-9.
Conflict of interests prohibited.
No public officer or public employee shall have personal investments in any business entity which will create a substantial conflict between his private interests and his public duties.
Enacted by Chapter 128, 1969 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 10 - Inducing others to violate chapter.

67-16-10.
Inducing others to violate chapter.
No person shall induce or seek to induce any public officer or public employee to violate any of the provisions of this chapter.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 11 - Applicability of provisions.

Effective 5/10/2016
67-16-11.
Applicability of provisions.
(1) As used in this section, "government position" means the position of a legislator, public officer, or public employee.
(2) The provisions of this chapter:
(a) apply to all public officers and public employees; and
(b) do not apply to a conflict of interest that exists between two or more government positions held by the same individual, unless the conflict of interest is also due to a personal interest of the individual that is not shared by the general public.
Amended by Chapter 360, 2016 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 12 - Penalties for violation -- Removal from office or dismissal from employment.

67-16-12.
Penalties for violation -- Removal from office or dismissal from employment.
In addition to any penalty contained in any other provision of law:
(1) any public officer or public employee who knowingly and intentionally violates this chapter, with the exception of Sections 67-16-6 and 67-16-7, shall be dismissed from employment or removed from office as provided by law, rule, or policy within the agency; and
(2) any public officer, public employee, or person who knowingly and intentionally violates this chapter, with the exception of Sections 67-16-6 and 67-16-7, shall be punished as follows:
(a) as a felony of the second degree if the total value of the compensation, conflict of interest, or assistance exceeds $1,000;
(b) as a felony of the third degree if:
(i) the total value of the compensation, conflict of interest, or assistance is more than $250 but not more than $1,000; or
(ii) the public officer or public employee has been twice before convicted of violation of this chapter and the value of the conflict of interest, compensation, or assistance was $250 or less;
(c) as a class A misdemeanor if the value of the compensation or assistance was more than $100 but does not exceed $250; or
(d) as a class B misdemeanor if the value of the compensation or assistance was $100 or less.
Amended by Chapter 108, 2000 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 14 - Unethical transactions -- Duty to dismiss officer or employee -- Right to rescind or void contract.

67-16-14.
Unethical transactions -- Duty to dismiss officer or employee -- Right to rescind or void contract.
If any transaction is entered into in violation of Section 67-16-6, 67-16-7, or 67-16-8, the state, political subdivision, or agency involved:
(1) shall dismiss the public officer or public employee who knowingly and intentionally violates this chapter from employment or office as provided by law; and
(2) may rescind or void any contract or subcontract entered into in respect to such transaction without returning any part of the consideration that the state, political subdivision, or agency has received.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 16 - Utah Public Officers' and Employees' Ethics Act › Section 15 - Complaint -- Political Subdivisions Ethics Review Commission.

Effective 5/8/2018
67-16-15.
Complaint -- Political Subdivisions Ethics Review Commission.
A person may file a complaint for an alleged violation of this chapter by a political subdivision officer or employee in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission.
Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 18 - Employees' Personnel Files › Section 2 - Definitions.

67-18-2.
Definitions.
As used in this act:
(1) "Employer" means the state and its political subdivisions.
(2) "Employee" means any person employed by the employer.
(3) "Representative" means any person designated in writing by an employee to represent such employee in a grievance or other employment matter.
Enacted by Chapter 259, 1977 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 18 - Employees' Personnel Files › Section 5 - Confidential, private, or protected documents excepted.

67-18-5.
Confidential, private, or protected documents excepted.
The right to examine and copy documents in an employee's personnel file is subject to access provisions in Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
67-19a-101.
Definitions.
As used in this chapter:
(1) "Abusive conduct" means the same as that term is defined in Section 67-26-102.
(2) "Administrator" means the person appointed under Section 67-19a-201 to head the Career Service Review Office.
(3) "Career service employee" means a person employed in career service as defined in Section 63A-17-102.
(4) "Division" means the Division of Human Resource Management.
(5) "Employer" means the state of Utah and all supervisory personnel vested with the authority to implement and administer the policies of an agency.
(6) "Excusable neglect" means harmless error, mistake, inadvertence, surprise, a failure to discover evidence that, through due diligence, could not have been discovered in time to meet the applicable time period, misrepresentation or misconduct by the employer, or any other reason justifying equitable relief.
(7) "Grievance" means:
(a) a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;
(b) any dispute between a career service employee and the employer;
(c) a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and
(d) a complaint that the employer subjected the employee to conditions that a reasonable person would consider intolerable, including abusive conduct.
(8) "Office" means the Career Service Review Office created under Section 67-19a-201.
(9) "Public entity" means the same as that term is defined in Section 67-21-2.
(10) "Reporting employee" means an employee of a public entity who alleges that the public entity engaged in retaliatory action against the employee.
(11) "Retaliatory action" means to do any of the following to an employee in violation of Section 67-21-3:
(a) dismiss the employee;
(b) reduce the employee's compensation;
(c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
(d) fail to promote the employee if the employee would have otherwise been promoted; or
(e) threaten to take an action described in Subsections (11)(a) through (d).
(12) "Supervisor" means the person:
(a) to whom an employee reports; or
(b) who assigns and oversees an employee's work.
Amended by Chapter 169, 2022 General Session
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 1 - General Provisions › Section 102 - Work environment policy.

Effective 7/1/2020
67-19a-102.
Work environment policy.
As recognized and provided in Section 67-26-201, it is the policy of the state of Utah to provide and maintain a work environment free from abusive conduct.
Amended by Chapter 155, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 2 - Career Service Review Office › Section 201 - Career Service Review Office created -- Appointment of an administrator -- Reporting -- Qualifications.

Effective 5/12/2020
67-19a-201.
Career Service Review Office created -- Appointment of an administrator -- Reporting -- Qualifications.
(1) There is created a Career Service Review Office.
(2)
(a) The governor shall appoint, with the advice and consent of the Senate, an administrator of the office.
(b) The administrator shall have demonstrated an ability to administer personnel policies in performing the duties specified in this chapter.
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 2 - Career Service Review Office › Section 202 - Powers -- Scope of authority.

Effective 5/4/2022
67-19a-202.
Powers -- Scope of authority.
(1) The office shall serve as the final administrative body to review a grievance from a career service employee and an agency of a decision regarding:
(a) a dismissal;
(b) a demotion;
(c) a suspension;
(d) a reduction in force;
(e) a dispute concerning abandonment of position;
(f) a wage grievance if an employee is not placed within the salary range of the employee's current position;
(g) a violation of a rule adopted under Title 63A, Chapter 17, Utah State Personnel Management Act; or
(h) except as provided by Subsection (5), equitable administration of the following benefits:
(i) long-term disability insurance;
(ii) medical insurance;
(iii) dental insurance;
(iv) post-retirement health insurance;
(v) post-retirement life insurance;
(vi) life insurance;
(vii) defined contribution retirement;
(viii) defined benefit retirement; and
(ix) a leave benefit.
(2) The office shall serve as the final administrative body to review a grievance by a reporting employee alleging retaliatory action.
(3) The office shall serve as the final administrative body to review, without an evidentiary hearing, the findings of an abusive conduct investigation described in Section 67-26-202 of a state executive branch agency employee.
(4) The office may not take jurisdiction of a matter that an employer has not had an opportunity to address.
(5) The office may not review or take action on:
(a) a personnel matter not listed in Subsections (1) through (3);
(b) a personnel matter listed in Subsections (1) through (3) that alleges discrimination or retaliation related to a claim of discrimination that is a violation of a state or federal law for which review and action by the office is preempted by state or federal law; or
(c) a personnel matter related to a claim for which an administrative review process is provided by statute and administered by:
(i) the Utah State Retirement Systems under Title 49, Utah State Retirement and Insurance Benefit Act;
(ii) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act; or
(iii) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21, Public Employees' Long-Term Disability Act.
(6) The time limits established in this chapter supersede the procedural time limits established in Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 209, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 2 - Career Service Review Office › Section 203 - Rulemaking authority.

67-19a-203.
Rulemaking authority.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the administrator may make rules governing:
(a) definitions of terms, phrases, and words used in the grievance process established by this chapter;
(b) what matters constitute excusable neglect for purposes of the waiver of time limits established by this chapter;
(c) the application for and service of subpoenas, the service and filing of pleadings, and the issuance of rulings, orders, determinations, summary judgments, transcripts, and other legal documents necessary in grievance proceedings;
(d) the use, calling, attendance, participation, and fees of witnesses in grievance proceedings;
(e) continuances of grievance proceedings;
(f) procedures in hearings, unless governed by Title 63G, Chapter 4, Administrative Procedures Act;
(g) the presence of media representatives at grievance proceedings;
(h) procedures for sealing files or making data pertaining to a grievance unavailable to the public; and
(i) motions that will assist the parties in meeting the 150-day time limit.
(2) The rule made under Subsection (1)(i) shall:
(a) prohibit a party from filing a dispositive motion under Utah Rules of Civil Procedure, Rule 12(b)(6) or Rule 56 before an evidentiary hearing; and
(b) authorize a party to file a motion before an evidentiary hearing to:
(i) dismiss for lack of authority to review the grievance under Utah Rules of Civil Procedure, Rule 12(b)(1) or Rule 12(b)(2); or
(ii) limit the introduction of evidence.
Amended by Chapter 249, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 2 - Career Service Review Office › Section 204 - Administrator -- Powers.

Effective 5/12/2015
67-19a-204.
Administrator -- Powers.
(1) In conjunction with any inquiry, investigation, hearing, or other proceeding, the administrator may:
(a) administer an oath;
(b) certify an official act;
(c) subpoena a witness, document, and other evidence; and
(d) grant a continuance as provided by rule.
(2)
(a) The administrator may:
(i) assign qualified, impartial hearing officers on a per case basis to adjudicate matters under the authority of the office;
(ii) subpoena witnesses, documents, and other evidence in conjunction with any inquiry, investigation, hearing, or other proceeding;
(iii) upon motion made by a party or person to whom the subpoena is directed and upon notice to the party who issued the subpoena, quash or modify the subpoena if it is unreasonable, requires an excessive number of witnesses, or requests evidence not relevant to any matter in issue; and
(iv) act as a hearing officer if the aggrieved employee consents.
(b) In selecting and assigning hearing officers under authority of this section, the administrator shall appoint hearing officers that have demonstrated by education, training, and experience the ability to adjudicate and resolve personnel administration disputes by applying employee relations principles within a large, public work force.
Amended by Chapter 339, 2015 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 2 - Career Service Review Office › Section 205 - Employment transfer.

Effective 7/1/2021
67-19a-205.
Employment transfer.
At any point during the grievance process, the employer and the employee may mutually agree to a transfer of the employee to another equivalent position, if and to the extent that such a position is available, in accordance with division rules for transfer and reassignment.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 3 - Grievance Procedures › Section 301 - Charges submissible under grievance procedure.

Effective 5/8/2018
67-19a-301.
Charges submissible under grievance procedure.
(1) This grievance procedure may only be used by career service employees who are not:
(a) public applicants for a position with the state's work force;
(b) public employees of the state's political subdivisions;
(c) public employees covered by other grievance procedures; or
(d) employees of state institutions of higher education.
(2)
(a) Whenever a question or dispute exists as to whether an employee is qualified to use this grievance procedure, the administrator shall resolve the question or dispute.
(b) The administrator's decision under Subsection (2)(a) is reviewable only by the Court of Appeals.
(3) Any career service employee may submit a grievance based upon a claim or charge of injustice or oppression, including dismissal from employment, resulting from an act, occurrence, omission, or condition for solution through the grievance procedures set forth in this chapter.
(4) A reporting employee who desires to bring an administrative claim of retaliatory action shall use the grievance procedure described in Section 67-19a-402.5.
(5) A career service employee who desires to bring a grievance described in Subsection 67-19a-202(1) shall use and follow the grievance procedure described in Part 3, Grievance Procedures, and Part 4, Procedural Steps to Be Followed by Aggrieved Employee.
(6) An employee who desires to initiate an administrative review challenging the findings of an abusive conduct investigation shall use and follow the procedure described in Section 67-19a-501.
Amended by Chapter 390, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 3 - Grievance Procedures › Section 302 - Levels of procedure.

Effective 5/4/2022
67-19a-302.
Levels of procedure.
(1) The administration of all grievances under Subsection 67-19a-202(1) occurs on the following four levels:
(a) Level 1 - the supervisor;
(b) Level 2 - the division director or the director's designee;
(c) Level 3 - the agency director or the director's designee; and
(d) Level 4 - the office.
(2)
(a) Except as provided in Subsection (2)(b), Section 67-19a-402.5, and Section 67-19a-501, and subject to applicable time limits as provided in this chapter, an employee:
(i) shall file a grievance at the lowest level described in Subsection (1) that has not already issued a decision, taken action, or declined to address the subject of the grievance; and
(ii) may proceed for further review of a grievance in accordance with Section 67-19a-402.
(b) If a supervisor or division director is a subject of a grievance or complaint, the employee may proceed directly to Level 2 or Level 3, respectively.
(c) An employee may not file a grievance that asks the same manager or a lower-level manager to reconsider a previously made decision.
(3) A career service employee may advance all grievances to Level 3.
(4) In accordance with Section 67-19a-402.5 and subject to Section 67-21-4, a reporting employee may file a grievance alleging retaliatory action directly at Level 4.
Amended by Chapter 209, 2022 General Session