10-3-1108 - Political activity of municipal officer or employee. - Utah Statutes

10-3-1108. Political activity of municipal officer or employee.
(1) For purposes of this section, "hours of employment" means occurring at a time whenan officer or employee is acting within the course and scope of employment, but excludes a lunchbreak afforded to the officer or employee.
(2) Except as otherwise provided by federal law:
(a) the partisan political activity, political opinion, or political affiliation of an applicantfor a position with a municipality may not provide a basis for denying employment to theapplicant;
(b) an officer or employee's partisan political activity, political opinion, or politicalaffiliation may not provide the basis for the officer or employee's employment, promotion,disciplinary action, demotion, or dismissal;
(c) a municipal officer or employee may not engage in political campaigning or solicitpolitical contributions during hours of employment;
(d) a municipal officer or employee may not use municipal equipment while engaged inpolitical activity;
(e) a municipal officer or employee may not directly or indirectly coerce, command, oradvise another municipal officer or employee to pay, lend, or contribute part of the officer oremployee's salary or compensation, or anything else of value to a political party, committee,organization, agency, or person for political purposes; and
(f) a municipal officer or employee may not attempt to make another officer oremployee's personnel status dependent on the officer or employee's support or lack of support ofa political party, affiliation, opinion, committee, organization, agency, or person engaged inpolitical activity.
(3) A municipal employee who has filed a declaration of candidacy may:
(a) be given a leave of absence for the period between the primary election and thegeneral election; and
(b) use any vacation or other leave available to engage in campaign activities.
(4) If a municipal officer or employee is elected to a public office, the employee may:
(a) be given a leave of absence without pay for the time during which the employeereceives compensation for service in the public office; and
(b) use any vacation or other leave available to serve in the public office.
(5) Neither the filing of a declaration of candidacy nor a leave of absence under thissection may be used as the basis for an adverse employment action, including discipline andtermination, against the employee.
(6) Nothing in this section may be construed to:
(a) prohibit a municipal officer or employee's voluntary contribution to a party orcandidate of the officer or employee's choice; or
(b) permit a municipal officer or employee's partisan political activity that is prohibitedunder federal law.

Enacted by Chapter 79, 2000 General Session