A public officer or public employee may not, in the public officer’s or public employee’s official capacity, participate in, or receive compensation as a result of, a transaction between the state or a state agency and a business entity of which the public officer or public employee is an officer, director, agent, employee, or owner of a substantial interest, unless the public officer or public employee has disclosed the public officer’s or public employee’s relationship to the business entity in accordance with Section 67-16-7 or 20A-11-1604.
Terms Used In Utah Code 67-16-8
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
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
Contract: A legal written agreement that becomes binding when signed.
Political subdivision: means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county. See Utah Code 67-16-3
Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:
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 capital stock of a corporation or a 10% interest in any other business entity. See Utah Code 67-16-3
(2)
A concession contract between an agency, political subdivision, or the state and a certified professional golf association member who is a public employee or officer does not violate the provisions of Subsection (1) or 13.
