Wednesday, December 14, 2011

SPECIAL SERVICE DISTRICTS

SPECIAL SERVICE DISTRICTS IN WASATCH COUNTY HAVE BECOME A FOCAL POINT FOR DISCUSSIONS EVERYWHERE. THE FOLLOWING SHOULD HELP EVERYONE IN UNDERSTANDING THE DISTRICTS CREATED, WHEN AND WHY AND UNDER WHAT AUTHORITY. GOOD READING Wasatch County Code Title 6 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS Chapters: 6.01 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS 6.02 GOVERNING BOARDS AND ADVISIOR BOARDS. 6.03 LEGAL COUNSEL TO SPECIAL SERVICE DISTRICTS AND SPECIAL SERVICE AREAS. 6.04 INSURANCE REQUIREMENTS. Page 1 of 9 Wasatch County Code Chapter 6.01 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS Sections: 6.01.01 Purpose. 6.01.02 Enumeration of Special Service Districts. 6.01.03 Enumeration of Special Service Areas. Section 6.01.01 Purpose. (1) It is the purpose of this Chapter to set forth the name of each Special Service District and Service Area in Wasatch County and the date the entity was created, and to reference for the benefit of the public the creation documents available in relation thereto. (2) All special service districts or special service areas previously created by the County Legislative Body and which are not enumerated in this Chapter are hereby dissolved, those districts and service areas no longer being needed for the purposes for which they were formed. Section 6.01.02 Enumeration of Special Service Districts. The following Special Service Districts exist in Wasatch County: (1) Heber Valley Special Service District. The Heber Valley Special Service District was established May 17, 1977 for the purpose of providing sewerage services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution Number 77-9. (2) Wasatch County Subdivision Special Service District Number 1. Wasatch County Subdivision Special Service District Number 1 was established on May 08, 1981 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Heber Estates Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution 81-8. (3) Wasatch County Solid Waste Disposal Special Service District. The Wasatch County Solid Waste Disposal District was established on March 05, 1982 for the purpose of providing solid waste services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 82-8, as amended by Wasatch County Resolution 82-16 (November 5, 1982). (4) Wasatch County Subdivision Special Service District Number 2. The Wasatch County Subdivision Special Service District Number 2 was established on June 04, 1982 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Wasatch View Acres Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution 82-11. (5) Wasatch County Subdivision Special Service District Number 3. The Wasatch County Subdivision Special Service District Number 3 was established on November 19, 1982 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Storm Haven, Plat B Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution No. 82-18. (6) Jordanelle Special Service District. The Jordanelle Special Service District was established on September 20, 1993 for the purpose of providing drainage, recreation, snow removal, flood control, roads, sewer collection, sewer treatment, sewer contract services, and retail water distribution systems within its jurisdiction in the Jordanelle Basin Page 2 of 9 Wasatch County Code in Wasatch County. The lawful establishment of the District was confirmed pursuant to Wasatch County Resolution 00-04 (January 24, 2000), as amended. (7) Soldier Summit Special Service District. The Soldier Summit Special Service District was established on June 16, 1984 for the purpose of providing water, garbage, transportation (including street lighting, storm drainage, and other street-related facilities), recreation (including maintenance of the site of the Civil War era soldiers' cemetery), and fire protection within its jurisdiction in Soldier Summit in Wasatch County. The District was established pursuant to a Utah County and Wasatch County Resolution dated July 16, 1984. (8) Wasatch County Fire Protection Special Service District. The Wasatch County Fire Protection Special Service District was established on June 24, 1987 for the purpose of providing fire protection services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 87-7. (9) Mineral Lease Special Service District Number 9. The Mineral Lease Special Service District Number 9 was established on April 30, 1990 for the purpose of repairing and maintaining roads within its jurisdiction, and to finance said improvements through the receipt of Mineral Lease Payments. The District was established pursuant to Wasatch County Resolution 90-5. (10) Wasatch County Subdivision Special Service District Number 6. The Wasatch County Subdivision Special Service District Number 6 was established on January 7, 1991 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Storm Haven, Plat A subdivision in Wasatch County. District was established pursuant to Wasatch County Resolution 91-4. (11) Twin Creeks Special Service District. The Twin Creeks Special Service District was established on June 20, 1994 for the purpose of providing sewage collection, treatment and/or contract services within its jurisdiction in the Lake Creek and Center Creek areas of Wasatch County. The District was established pursuant to Wasatch County Resolution 94- 6. The purposes of the District were expanded to include water services pursuant to Wasatch County Resolution 94-18 (August 8, 1994). (12) Timberlakes Water Special Service District. The Timberlakes Water Special Service District was established on April 17, 1995 for the purpose of providing water services within its jurisdiction in the Timberlakes subdivision. The District was established pursuant to Wasatch County Resolution 95-20. (13) Wasatch County Recreation Special Service District Number 21. The Wasatch County Recreation Special Service District Number 21 was established on August 7, 1995 for the purpose of providing parks and recreation facilities and services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 95-11. (14) Spring Creek Special Service District. The Spring Creek Special Service District was established on February 26, 1996 for the purpose of providing wastewater collection and related services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 96-07. (16) Ernie Giles Special Service District. The Ernie Giles Special Service District was established on April 21, 1997 for the purpose of providing wastewater collection within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 97-4. (17) Strawberry Lake Special Service District. The Strawberry Lake Special Service District was established on June 16, 1997 for the purpose of providing water, sewerage, flood control, garbage, health care, recreation, snow-removal and street lighting services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 97-6. (18) Blue Bench Landfill Special Service District. The Blue Bench Landfill Special Service District was established in cooperation with Duchesne County Page 3 of 9 Wasatch County Code for the purpose of providing solid waste disposal services within its jurisdiction in Wasatch and Duchesne counties. The District was established pursuant to Wasatch County Resolution 98-24. (20) Provo Owl's Nest Special Service District. The Provo Owl's Nest Special Service District was established on June 14, 1999 for the purpose of providing sewerage and water services within its jurisdiction in the Provo Canyon area of Wasatch County. The District was established pursuant to Wasatch County Resolution 99-15. (21) North Village Special Service District. The North Village Special Service District was established on August 28, 2000 for the purpose of providing water and sewerage services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 00-28. Section 6.01.03 Enumeration of Special Service Areas. The following Special Service Areas exist within Wasatch County: (1) Wasatch County Special Service Area Number 1. Wasatch County Special Service Area Number 1 was established on October 25, 1993 for the purpose of providing culinary or irrigation water retail services, water conservation, recreation facilities, water quality services, and flood control within its jurisdiction in Wasatch County. The lawful establishment of the Service Area was confirmed pursuant to Wasatch County Resolution 00-14 (May 8, 2000). Page 4 of 9 Wasatch County Code Chapter 6.02 GOVERNING BOARDS AND ADVISIOR BOARDS. Sections: 6.02.01 Governing Authority Generally. 6.02.02 Heber Valley Special Service District-Administrative Control Board. 6.02.03 Jordanelle Special Service District-Administrative Control Board. 6.02.04 Soldier Summit Special Service District-Triad of Officers. 6.02.05 Wasatch County Fire Protection Special Service District-Administrative Control Board. 6.02.06 Mineral Lease Special Service District Number 9-Administrative Control Board. 6.02.07 Twin Creeks Special Service District-Advisory Board. 6.02.08 Timberlakes Water Special Service District-Executive Committee. 6.02.09 Blue Bench Landfill Special Service District-Governing Authority. 6.02.10 Wasatch County Special Service Area Number 1-Advisory Board and Water Manager. Section 6.02.01 Governing Authority Generally. (1) The County Legislative Body shall act as the governing board of all special service districts and the board of trustees of all special service areas in Wasatch County unless governing authority to so act has been expressly delegated, in whole or in part, to (a) in the case of a special service district, an appointed or elected administrative control board; or (b) in the case of a special service area, an appointed or elected board of trustees. The County Legislative Body shall have authority to revoke, in whole or in part, and at any time, any powers, authority, or responsibility so delegated to an administrative control board or board of trustees named in this Chapter. (2) As the governing authority of a special service district or special service area, the County Legislative Body shall have all powers, authority, and responsibility vested in such boards under state law. Section 6.02.02 Heber Valley Special Service District-Administrative Control Board. Pursuant to Wasatch County Resolution 77-11 (August 19, 1977), the County created an administrative control board to act as the governing authority of the Heber Valley Special Service District. The Board shall have all powers, authority, and responsibility delegated to it Resolution 81-3 (February 13, 1981), as amended. Section 6.02.03 Jordanelle Special Service District-Administrative Control Board. Pursuant to Wasatch County Resolution 02-04 (February 4, 2002), the County created an administrative control board to act as the governing authority of the Jordanelle Special Service District. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 02-04, as amended. Section 6.02.04 Soldier Summit Special Service District-Triad of Officers. Pursuant to a Wasatch County and Utah County Resolution dated July 16, 1984, a triad of officers was created to act as the governing authority of the Soldier Summit Special Service District. The triad shall Page 5 of 9 Wasatch County Code consist of one member of the Wasatch County Legislative Body, one member of the Utah County Legislative Body, and the Soldier Summit member, who shall be a qualified elector of the District, or an owner of real property located within the District. The triad of officers shall have all powers, authority, and responsibility delegated to it in the Resolution dated July 16, 1984. Section 6.02.05 Wasatch County Fire Protection Special Service District- Administrative Control Board. Pursuant to Wasatch County Resolution 02-10 (March 25, 2002), the County created an administrative control board to act as the governing authority of the Wasatch County Fire Protection Special Service District. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 02- 10, as amended. Section 6.02.06 Mineral Lease Special Service District Number 9-Administrative Control Board. Pursuant to Wasatch County Resolution 90-6A (June 25, 1990), the County created an administrative control board to act as the governing authority of the Mineral Lease Special Service District Number 9. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 90-6A, as amended. Section 6.02.07 Twin Creeks Special Service District-Advisory Board. Pursuant to Wasatch County Resolution Number 98-6 (March 25, 1996), the County created an advisory board to the County Legislative Body as that Body acts in its capacity as the governing authority of the Twin Creeks Special Service District. The Board shall advise the County Legislative Body on matters relating to the District and perform such other duties as assigned by that Body. Section 6.02.08 Timberlakes Water Special Service District-Executive Committee. Pursuant to Wasatch County Resolution 98-10 (August 24, 1998), as amended by Wasatch County Resolution 00-33 (September 25, 2000), the County created an executive committee to act as the governing authority of the Timberlakes Water Special Service District. The Committee shall have all powers, authority, and responsibility delegated to it in Resolution 00-33, as amended. Section 6.02.09 Blue Bench Landfill Special Service District-Governing Authority. Three members of the Wasatch County Legislative Body and three members of the Duchesne County Legislative Body shall together act as the governing board of the Blue Bench Landfill Special Service District. The Board shall have all powers, authority, and responsibility afforded to it under state law. Section 6.02.10 Wasatch County Special Service Area Number 1-Advisory Board and Water Manager. Page 6 of 9 Wasatch County Code The County Legislative Body shall act as the board of trustees of the Wasatch County Special Service Area Number 1. Pursuant to Wasatch County Resolution 00-01, the County created an advisory board and created the position of Water Manager. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 00-01, as amended. Specifically, the Board and the Water Manager shall seek to (1) insure sufficient water for future citizens of Wasatch County, (2) review the sufficiency and transfer of water rights in conjunction with development within the boundaries of the Service Area; (3) administer the Central Utah Water Project matters in Wasatch County; and (4) manage municipal and industrial and supplemental irrigation inventories and allocations from the Central Utah Project. Page 7 of 9 Wasatch County Code Chapter 6.03 LEGAL COUNSEL TO SPECIAL SERVICE DISTRICTS AND SPECIAL SERVICE AREAS. Sections: 6.03.01 Legal Counsel Generally. 6.03.02 Legal Opinions Relating To Duties of Special Service District Officers. Section 6.03.01 Legal Counsel Generally. (1) Special service districts and special service areas established by the County Legislative Body shall retain and pay for private legal counsel to provide general legal services to the district or service area, including but not limited to legal services relating to contracts, lease agreements, real estate purchases, eminent domain, annexations, employment, procurement, dissolution, bonding, and any other issue arising out of the day-to-day operations and services of the district or service area. (2) The County Attorney's Office shall not provide general legal services to special service districts or special service areas in Wasatch County. However, upon request of the County Manager and in the discretion of the County Attorney, the County Attorney may advise a special service district or special service area on an issue, provided that district or service area pays to the County the reasonable costs of such legal services. Section 6.03.02 Legal Opinions Relating To Duties of Special Service District Officers. The County Attorney shall give, when required and without fee, an opinion in writing to special service district officers on matters relating to the duties of their respective offices, as required by Utah Code Ann. 17-18-1, as amended. Page 8 of 9 Wasatch County Code Chapter 6.04 INSURANCE REQUIREMENTS. Sections: 6.04.01 Insurance Required. 6.04.02 Proof of Insurance. Section 6.04.01 Insurance Required. All special service districts and special service areas established by the County Legislative Body shall obtain and pay for the costs of general liability insurance, property insurance, and automobile insurance for vehicles owned by the district or service area. Section 6.04.02 Proof of Insurance. Upon request of the County Manager, each special service district or special service area created by the County Legislative Body shall produce a written certificate of insurance demonstrating compliance with the insurance requirements under this Chapter. Page 9 of 9

Monday, December 05, 2011

ETHICS FOR CITIES AND COUNTIES

There have been numerous complaints about elected and appointed officials, regarding deals, conflicts of interest, and deriving personal benefits from their individual service to the public. The State of Utah has enacted laws to protect against such abuse and have in place a mechanism to remove or replace those who violate these laws. For the laws to work properly, requires vigilance on the part of all citizens as well as scrutiny of the process known as governing. The First act is known as the “Municipal Officers and Employees Ethics Act.” It covers all elected and appointed officials in a Municipality. 10-3-1301. Short title. This part is known as the "Municipal Officers' and Employees' Ethics Act." 10-3-1302. Purpose. The purposes of this part are to establish standards of conduct for municipal officers and employees and to require these persons to disclose actual or potential conflicts of interest between their public duties and their personal interests. 10-3-1303. Definitions. As used in this part: (1) "Appointed officer" means any person appointed to any statutory office or position or any other person appointed to any position of employment with a city or with a community development and renewal agency under Title 17C, Limited Purpose Local Government Entities - Community Development and Renewal Agencies Act. Appointed officers include, but are not limited to, persons serving on special, regular, or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word "officer" in this part is not intended to make appointed persons or employees "officers" of the municipality. (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. (3) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. (4) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. (5) "Elected officer" means a person: (a) elected or appointed to the office of mayor, commissioner, or council member; or (b) who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section20A-1-206. (6) "Improper disclosure" means disclosure of private, controlled, or protected information to any person who does not have both the right and the need to receive the information. (7) "Municipal employee" means a person who is not an elected or appointed officer who is employed on a full or part-time basis by a municipality or by a community development and renewal agency under Title 17C, Limited Purpose Local Government Entities - Community Development and Renewal Agencies Act. (8) "Private, controlled, or protected information" means information classified as private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and Management Act or other applicable provision of law. (9) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. 10-3-1304. Use of office for personal benefit 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) It is an offense for an elected or appointed officer or municipal employee, under circumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to: (a) disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or employee's 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 the officer or employee or for others; (b) use or attempt to use the officer's or employee's official position to: (i) further substantially the officer's or employee's personal economic interest; or (ii) secure special privileges for the officer or employee or for others; or (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer or employee or for another, a gift of substantial value or a substantial economic benefit tantamount to a gift that: (i) 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; or (ii) the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken. (3) Subsection (2)(c) does not apply to: (a) an occasional non-pecuniary gift having a value of less than $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. 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) It is an offense for an elected officer, or appointed officer, who is a member of a public body, under circumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to receive or agree to receive compensation for assisting any person or business entity in any transaction involving the municipality in which the member is an officer unless the member: (a) files with the mayor a sworn statement giving the information required by this section; and (b) discloses the information required by Subsection (5) in an open meeting to the members of the body of which the officer is a member immediately before the discussion. (3) It is an offense for an appointed officer who is not a member of a public body or a municipal employee to receive or agree to receive compensation for assisting any person or business entity in any transaction involving the municipality by which the person is employed unless the officer or employee: (a) files with the mayor a sworn statement giving the information required by this section; and (b) discloses the information required by Subsection (5) to: (i) the officer or employee's immediate supervisor; and (ii) any other municipal officer or employee who may rely upon the employee's representations in evaluating or approving the transaction. (4) (a) The officer or employee shall file the statement required to be filed by this section 10 days before the date of any agreement between the elected or appointed officer or municipal employee and the person or business entity being assisted or 10 days before the receipt of compensation by the officer or employee, whichever is earlier. (b) The statement is public information and shall be available for examination by the public. (5) The statement and disclosure shall contain: (a) the name and address of the officer or municipal employee; (b) the name and address of the person or business entity being or to be assisted or in which the appointed or elected official or municipal employee has a substantial interest; and (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. 10-3-1306. Interest in business entity regulated by municipality -- Disclosure statement required. (1) Every appointed or elected officer or municipal employee who is an officer, director, agent, or employee or the owner of a substantial interest in any business entity which is subject to the regulation of the municipality in which he is an elected or appointed officer or municipal employee shall disclose the position held and the nature and value of his interest upon first becoming appointed, elected, or employed by the municipality, and again at any time thereafter if the elected or appointed officer's or municipal employee's position in the business entity has changed significantly or if the value of his interest in the entity has increased significantly since the last disclosure. (2) The disclosure shall be made in a sworn statement filed with the mayor. The mayor shall report the substance of all such disclosure statements to the members of the governing body, or may provide to the members of the governing body copies of the disclosure statement within 30 days after the statement is received by him. (3) This section does not apply to instances where the value of the interest does not exceed $2,000. Life insurance policies and annuities may not be considered in determining the value of any such interest. 10-3-1307. Interest in business entity doing business with municipality -- Disclosure. (1) Every appointed or elected officer or municipal employee who is an officer, director, agent, employee, or owner of a substantial interest in any business entity which does or anticipates doing business with the municipality in which he is an appointed or elected officer or municipal employee, shall publicly disclose to the members of the body of which he is a member or by which he is employed immediately prior to any discussion by such body concerning matters relating to such business entity, the nature of his interest in that business entity. (2) The disclosure statement shall be entered in the minutes of the meeting.(3) Disclosure by a municipal employee under this section is satisfied if the employee makes the disclosure in the manner required by Sections 10-3-1305 and 10-3-1306. 10-3-1308. Investment creating conflict of interest with duties -- Disclosure. Any personal interest or investment by a municipal employee or by any elected or appointed official of a municipality which creates a conflict between the employee's or official's personal interests and his public duties shall be disclosed in open meeting to the members of the body in the manner required by Section 10-3-1306. 10-3-1309. Inducing officer or employee to violate part prohibited. It is a class A misdemeanor for any person to induce or seek to induce any appointed or elected officer or municipal employee to violate any of the provisions of this part. 10-3-1310. Penalties for violation -- Dismissal from employment or removal from office. In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates this part, with the exception of Sections 10-3-1306, 10-3-1307, 10-3-1308, and 10-3-1309, shall be dismissed from employment or removed from office and is guilty of: (1) a felony of the second degree if the total value of the compensation, conflict of interest, or assistance exceeds $1,000; (2) a felony of the third degree if: (a) the total value of the compensation, conflict of interest, or assistance is more than $250 but not more than $1,000; or (b) the elected or appointed officer or municipal 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; (3) a class A misdemeanor if the value of the compensation or assistance was more than $100 but does not exceed $250; or (4) a class B misdemeanor if the value of the compensation or assistance was $100 or less. 10-3-1311. Complaints charging violations -- Procedure. (1) Any complaint against a person who is under the merit system, charging that person with a violation of this part, shall be filed and processed in accordance with the provisions of the merit system. (2) If the person charged with the violation is not under any merit system, then the complaint shall be filed with the mayor or city manager. The mayor or city manager shall investigate the complaint and shall give the person an opportunity to be heard. A written report of the findings and the recommendation of the mayor or city manager shall be filed with the governing body. If the governing body finds that the person has violated this part, it may dismiss, suspend, or take such other appropriate action with respect to the person. 10-3-1312. Violation of disclosure requirements -- Penalties -- Rescission of prohibited transaction. If any transaction is entered into in connection with a violation of Section 10-3-1305, 10-3-1306, 10-3-1307, or 10-3-1308, the municipality: (1) shall dismiss or remove the appointed or elected officer or municipal employee who knowingly and intentionally violates this part from employment or office; and (2) may rescind or void any contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the municipality. The second act covers all County officers, employees as well as those appointed their respective positions. 17-16a-1. Citation of chapter. This chapter may be cited as the "County Officers and Employees Disclosure Act." 17-16a-2. Purposes. The purposes of this chapter are to establish standards of conduct for county officers and employees and to require these persons to disclose conflicts of interest between their public duties and their personal interests. 17-16a-3. Definitions. As used in this part: (1) "Appointed officer" means any person appointed to any statutory office or position or any other person appointed to any position of employment with a county, except special employees. Appointed officers include, but are not limited to persons serving on special, regular or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word "officer" in this part is not intended to make appointed persons or employees "officers" of the county. (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to so assist such person or business entity. (3) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. (4) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever. (5) "Elected officer" means any person elected or appointed to any office in the county. (6) "Governmental action" means any action on the part of a county including: (a) any decision, determination, finding, ruling, or order; and (b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to. (7) "Special employee" means any person hired on the basis of a contract to perform a special service for the county pursuant to an award of a contract following a public bid. (8) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, and the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. 17-16a-4. Prohibited use of official position -- Exception. (1) Except as provided in Subsection (3), it is an offense for an elected or appointed officer, under circumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to: (a) disclose confidential information acquired by reason of the officer's official position or use that information to secure special privileges or exemptions for himself or others; (b) use or attempt to use the officer's official position to secure special privileges for the officer or for others; or (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for the officer or for another, if the gift or loan tends to influence the officer in the discharge of the officer's official duties. (2) This section is inapplicable to: (a) an occasional non-pecuniary gift having a value of less than $50; (b) an award publicly presented; (c) any bona fide loan made in the ordinary course of business; or (d) political campaign contributions actually used in a political campaign. (3) A member of a county legislative body who is also a member of the governing board of a provider of mental health or substance abuse services under contract with the county does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the duties and responsibilities of each position, if the county legislative body member does not participate in the process of selecting the mental health or substance abuse service provider. 17-16a-5. Compensation for assistance in transaction involving county -- Public disclosure and filing required. (1) No elected or appointed officer may receive or agree to receive compensation for assisting any person or business entity in any transaction involving the county in which he is an officer unless he files with the county legislative body a sworn statement giving the information required by this section, and discloses in open meeting to the members of the body of which he is a member, immediately prior to the discussion, the information required by Subsection (3). (2) The statement required to be filed by this section shall be filed 10 days prior to the date of any agreement between the elected or appointed officer and the person or business entity being assisted or 10 days prior to the receipt of compensation by the business entity. The statement is public information and is available for examination by the public. (3) The statement and disclosure shall contain the following information: (a) the name and address of the officer; (b) the name and address of the person or business entity being or to be assisted, or in which the appointed or elected official has a substantial interest; and (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. 17-16a-6. Interest in business entity regulated by county -- Disclosure. Every appointed or elected officer who is an officer, director, agent, or employee or the owner of a substantial interest in any business entity which is subject to the regulation of the county in which the officer is an elected or appointed officer shall disclose the position held and the precise nature and value of the officer's interest upon first becoming appointed or elected, and again during January of each year thereafter during which the officer continues to be an appointed or elected officer. The disclosure shall be made in a sworn statement filed with the county legislative body. The commission shall report the substance of all such disclosure statements to the members of the governing body or may provide to the members of the governing body, copies of the disclosure statement within 30 days after the statement is received. This section does not apply to instances where the value of the interest does not exceed $2,000, and life insurance policies and annuities may not be considered in determining the value of the interest. 17-16a-7. Interest in business entity doing business with county -- Disclosure. Every appointed or elected officer who is an officer, director, agent, or employee, or owner of a substantial interest in any business entity which does or anticipates doing business with the county in which he is an appointed or elected officer, shall publicly disclose to the members of the body on which he is a member immediately prior to any discussion by such body matters relating to such business entity, the nature of his interest in that business entity. The disclosure statement shall be entered in the minutes of the meeting. 17-16a-8. Investment creating conflict of interest with duties -- Disclosure. Any personal interest of or investment by any elected or appointed official of a county which creates a potential or actual conflict between the official's personal interests and his public duties shall be disclosed in open meeting to the members of the body in the manner required by Section 17-16a-6. 17-16a-9. Inducing officer to violate provisions prohibited. No person shall induce or seek to induce any appointed or elected officer to violate any of the provisions of this part. 17-16a-10. Violation a misdemeanor -- Removal from office. In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates this part is guilty of a class A misdemeanor and shall be dismissed from employment or removed from office. 17-16a-11. Complaints charging violations -- Procedure. (1) Any complaint against a person who is under the merit system, charging that person with a violation of this part, shall be filed and processed in accordance with the provisions of the merit system. (2) If the person charged with the violation is not under any merit system, then the complaint shall be filed with the commission which shall investigate the complaint and shall give the person an opportunity to be heard. A written report of the findings and the recommendation of the commission shall be filed with the governing body. If the governing body finds that the person has violated this part, it may dismiss, suspend, or take such other appropriate action with respect to the person. 17-16a-12. Rescission of prohibited transaction. If any transaction is entered into in connection with a violation of Section 17-16a-6, the county may rescind or void any contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the county. The State of Utah also covers malfeasance in office by elected officials. 17-16-10.5. Failure to perform duties constitutes malfeasance in office -- Felony charges arising from official duties -- Paid administrative leave -- Reassignment of duties. (1) The failure of an elected county or prosecution district officer substantially to perform the officer's official duties constitutes malfeasance in office under Section 77-6-1. (2) (a) If an elected county or prosecution district officer is charged with the commission of a felony arising from conduct related to the officer's official duties, the officer shall be placed on paid administrative leave by the county legislative body until: (i) the charges are dismissed or the officer is acquitted, at which time the officer shall be entitled to return to office, unless the officer's term of office has in the meantime expired; or (ii) the officer is convicted of a felony or attempt to commit a felony arising from conduct related to the officer's official duties, in which case the sentencing judge shall order the officer removed from office. (b) A conviction or a plea of guilty or nolo contendere, relating to a felony charge described in Subsection (2)(a), constitutes malfeasance in office for purposes of Section 77-6-1. (c) Entry of a plea in abeyance is the equivalent of a conviction for purposes of Subsection (2)(a)(ii), even if the charge is later dismissed pursuant to a plea in abeyance agreement. (d) The provisions under this Subsection (2) for the removal of a county or prosecution district officer are in addition to and do not replace or supersede the removal provisions under Title 77, Chapter 6, Removal by Judicial Proceedings. (3) (a) During the time that an elected county or prosecution district officer is on paid administrative leave under Subsection (2), the officer's duties may, except as provided in Subsection (3)(c), be temporarily: (i) reassigned to another officer by the county legislative body; or (ii) performed by a person employed for that purpose. (b) For purposes of Subsection (3)(a) with respect to a prosecution district officer in a multi-county prosecution district, "county legislative body" means the legislative bodies of all counties included in the prosecution district. (c) A reassignment under Subsection (3)(a) may not result in the same person exercising the duties of: (i) both a county legislative body member or county treasurer and county auditor; or (ii) both a county executive and county auditor