Except as provided in Subsection (5), it is an offense for a public officer or public employee to receive or agree to receive compensation for assisting any person or business entity in any transaction involving an agency unless the public officer or public employee files a sworn, written statement containing the information required by Subsection (2) with:
Terms Used In Utah Code 67-16-6
Agency: means :
(a)
any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or
Agency head: means the chief executive or administrative officer of any agency. See Utah Code 67-16-3
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. See Utah Code 67-16-3
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. See Utah Code 67-16-3
the agency head of the agency with which the transaction is being conducted; and
(c)
the state attorney general.
(2)
The statement shall contain:
(a)
the name and address of the public officer or public employee involved;
(b)
the name of the public officer’s or public employee’s agency;
(c)
the name and address of the person or business entity being or to be assisted; and
(d)
a brief description of:
(i)
the transaction as to which service is rendered or is to be rendered; and
(ii)
the nature of the service performed or to be performed.
(3)
The statement required to be filed under Subsection (1) shall be filed within 10 days after the date of any agreement between the public officer or public employee and the person or business entity being assisted or the receipt of compensation, whichever is earlier.
(4)
The statement is public information and shall be available for examination by the public.
(5)
This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
