63A-17-904. Political activity of employees — Rules and regulations — Highway patrol — Hatch Act.
| (1) |
Except as otherwise provided by law or by rules made under this section for federally aided programs, the provisions of this section apply with regard to political activity of career service employees in all grades and positions. |
Terms Used In Utah Code 63A-17-904
- Career service: means positions under schedule B as defined in Section 63A-17-301. See Utah Code 63A-17-102
- Career service employee: means an employee who has successfully completed a probationary period of service in a position covered by the career service. See Utah Code 63A-17-102
- Demotion: means a disciplinary action resulting in a reduction of an employee's current actual wage. See Utah Code 63A-17-102
- Director: means the director of the division. See Utah Code 63A-17-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
- Highway: includes :Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
Career service employees may voluntarily participate in political activity subject to the following provisions:
| (a) |
if any career service employee is elected to any partisan or full-time nonpartisan political office, that employee shall be granted a leave of absence without pay for times when monetary compensation is received for service in political office; |
| (b) |
no officer or employee in career service may engage in any political activity during the hours of employment, nor may any person solicit political contributions from employees of the executive branch during hours of employment for political purposes; and |
| (c) |
partisan political activity may not be a basis for employment, promotion, demotion, or dismissal, except that the director shall adopt rules providing for the discipline or punishment of a state officer or employee who violates any provision of this section. |
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| (3) |
| (a) |
Notwithstanding any other provision of this section, no member of the Utah Highway Patrol may use the member’s official authority or influence for the purpose of interfering with an election or affecting the results of an election. |
| (b) |
No person may induce or attempt to induce any member of the Utah Highway Patrol to participate in any activity prohibited by this Subsection (3). |
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| (4) |
Nothing contained in this section may be construed to:
| (a) |
preclude voluntary contributions by an employee to the party or candidate of the officer’s or employee’s choice; or |
| (b) |
permit partisan political activity by any employee who is prevented or restricted from engaging in the political activity by the provisions of the federal Hatch Act. |
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Renumbered and Amended by Chapter 344, 2021 General Session
