§ 10-3-1305 — Compensation for assistance in transaction involving municipality -- Public disclosure and filing required.

(1) As used in this section, "municipal body" means any public board, commission, committee, or other public group organized to make public policy decisions or to advise persons who make public policy decisions.
(2) Except as provided in Subsection (9), it is an offense for an officer who is a member of a municipal body to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality of which the officer is elected or appointed unless the officer:
(2)(a) files with the mayor a sworn statement disclosing the information described in Subsection (8);
(2)(b) discloses the information described in Subsection (8) in an open meeting to the members of the municipal body of which the officer is a member immediately before the discussion; and
(2)(c) for an officer who is an elected officer, files the sworn statement described in Subsection (2)(a) with the city recorder or town clerk.
(3) It is an offense for an appointed officer who is not a member of a municipal body or a municipal employee to receive or agree to receive compensation for assisting a person or business entity in a transaction involving the municipality by which the appointed officer or municipal employee is employed unless the appointed officer or employee:
(3)(a) files with the mayor a sworn statement disclosing the information described in Subsection (8); and
(3)(b) discloses the information described in Subsection (8) to:
(3)(b)(i) the appointed officer's or municipal employee's immediate supervisor; and
(3)(b)(ii) any other municipal officer or employee who may rely on the appointed officer's or municipal employee's representations in evaluating or approving the transaction.
(4) (4)(a) An officer or municipal employee shall file the sworn statement described in Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of:
(4)(a)(i) 10 days before the date on which the officer or municipal employee and the person or business entity being assisted enter into an agreement; or
(4)(a)(ii) 10 days before the date on which the officer or municipal employee receives compensation.
(5) In accordance with Subsection (2)(c), an elected officer shall file the sworn statement with the city recorder or town clerk on or before the earlier of the deadlines described in Subsections (4)(a)(i) and (ii).
(6) A municipal recorder or town clerk who receives a sworn statement described in Subsection (2)(a) shall:
(6)(a) post a copy of the sworn statement on the municipality's website; and
(6)(b) ensure that the sworn statement remains posted on the municipality's website until the elected officer leaves office.
(7) The sworn statements described in this section are public information and shall be available for examination by the public.
(8) The sworn statement and public disclosure described in Subsections (2) and (3) shall contain:
(8)(a) the name and address of the officer or municipal employee;
(8)(b) the name and address of the person or business entity being or to be assisted or in which the officer or municipal employee has a substantial interest; and
(8)(c) a brief description of the transaction as to which service is rendered or is to be rendered and of the nature of the service performed or to be performed.
(9) This section does not apply to an officer who is a member of a municipal body and who engages in conduct that constitutes a violation of this section to the extent that the officer is chargeable, for the same conduct, under Section 76-8-105.

Legislative History

Amended by Chapter 443, 2024 General Session