§ 24-18-103 — Public trust - breach of fiduciary duty

(1) The holding of public
office or employment is a public trust, created by the confidence which the
electorate reposes in the integrity of public officers, members of the general
assembly, local government officials, and employees. A public officer, member of
the general assembly, local government official, or employee shall carry out his
duties for the benefit of the people of the state.

(2) A public officer, member of the general assembly, local government
official, or employee whose conduct departs from his fiduciary duty is liable to the
people of the state as a trustee of property and shall suffer such other liabilities as
a private fiduciary would suffer for abuse of his trust. The district attorney of the
district where the trust is violated may bring appropriate judicial proceedings on
behalf of the people. Any moneys collected in such actions shall be paid to the
general fund of the state or local government. Judicial proceedings pursuant to this
section shall be in addition to any criminal action which may be brought against
such public officer, member of the general assembly, local government official, or
employee.

Legislative History

Source: L. 88: Entire article added, p. 900, � 1, effective July 1.