11-65-304. Limitations on board members and executive director.
| (1) |
As used in this section:
Terms Used In Utah Code 11-65-304- Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
- Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
- Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
- Nonvoting member: means an individual appointed as a member of the board under Subsection 11-65-302(6) who does not have the power to vote on matters of lake authority business. See Utah Code 11-65-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101
- Voting member: means an individual appointed as a member of the board under Subsection 11-65-302(2). See Utah Code 11-65-101
| (a) |
“Direct financial benefit”:
| (i) |
means any form of financial benefit that accrues to an individual directly, including:
| (A) |
compensation, commission, or any other form of a payment or increase of money; and |
| (B) |
an increase in the value of a business or property; and |
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| (ii) |
does not include a financial benefit that accrues to the public generally. |
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| (b) |
“Family member” means a parent, spouse, sibling, child, or grandchild. |
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| (2) |
An individual may not serve as a voting member of the board or as executive director if the individual or a family member of the individual owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the individual reasonably believes is likely to participate in or receive a direct financial benefit from the management of Utah Lake. |
| (3) |
Before taking office as a voting member of the board or accepting employment as executive director, an individual shall submit to the lake authority a statement verifying that the individual’s service as a board member or employment as executive director does not violate Subsection (2). |
| (4) |
| (a) |
A voting member or nonvoting member of the board or an employee of the lake authority may not receive a direct financial benefit from the management of Utah Lake. |
| (b) |
For purposes of Subsection (4)(a), a direct financial benefit does not include:
| (i) |
expense reimbursements; |
| (ii) |
per diem pay for board member service, if applicable; or |
| (iii) |
an employee’s compensation or benefits from employment with the lake authority. |
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| (5) |
Nothing in this section may be construed to affect the application or effect of any other code provision applicable to a board member or employee relating to ethics or conflicts of interest. |
Enacted by Chapter 59, 2022 General Session
