An officer or employee of a political subdivision may not:
Terms Used In Utah Code 11-57-103
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
Personal use expenditure: means an expenditure made without the authority of law that:
(i)
is not directly related to the performance of an activity as an officer or employee of a political subdivision;
(ii)
primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
use public funds for a personal use expenditure; or
(b)
incur indebtedness or liability on behalf of, or payable by, a political subdivision for a personal use expenditure.
(2)
If a political subdivision determines that a political subdivision officer or employee has intentionally made a personal use expenditure in violation of Subsection (1), the political subdivision shall:
(a)
require the political subdivision officer or employee to deposit the amount of the personal use expenditure into the fund or account from which:
(i)
the personal use expenditure was disbursed; or
(ii)
payment for the indebtedness or liability for a personal use expenditure was disbursed;
(b)
require the political subdivision officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the political subdivision; and
(c)
deposit the money received under Subsection (2)(b) into the operating fund of the political subdivision.
(3)
(a)
Any officer or employee of a political subdivision who has been found by the political subdivision to have made a personal use expenditure in violation of Subsection (1) may appeal the finding of the political subdivision.
(b)
The political subdivision shall establish an appeal process for an appeal made under Subsection (3)(a).
(4)
(a)
Subject to Subsection (4)(b), a political subdivision may withhold all or a portion of the wages of an officer or employee of the political subdivision who has violated Subsection (1) until the requirements of Subsection (2) have been met.
(b)
If the officer or employee has requested an appeal under Subsection (3), the political subdivision may only withhold the wages of the officer or employee after the appeal process has confirmed that the officer or employee violated Subsection (1).
