52-3-1 - Employment of relatives prohibited -- Exceptions. - Utah Statutes

52-3-1. Employment of relatives prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Appointee" means an employee whose salary, wages, pay, or compensation is paidfrom public funds.
(b) "Chief administrative officer" means the person who has ultimate responsibility forthe operation of the department or agency of the state or a political subdivision.
(c) "Public officer" means a person who holds a position that is compensated by publicfunds.
(d) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,sister-in-law, son-in-law, or daughter-in-law.
(2) (a) No public officer may employ, appoint, or vote for or recommend theappointment of a relative in or to any position or employment, when the salary, wages, pay, orcompensation of the appointee will be paid from public funds and the appointee will be directlysupervised by a relative, except as follows:
(i) the appointee is eligible or qualified to be employed by a department or agency of thestate or a political subdivision of the state as a result of his compliance with civil service laws orregulations, or merit system laws or regulations;
(ii) the appointee will be compensated from funds designated for vocational training;
(iii) the appointee will be employed for a period of 12 weeks or less;
(iv) the appointee is a volunteer as defined by the employing entity;
(v) the appointee is the only person available, qualified, or eligible for the position; or
(vi) the chief administrative officer determines that the public officer is the only personavailable or best qualified to perform supervisory functions for the appointee.
(b) No public officer may directly supervise an appointee who is a relative when thesalary, wages, pay, or compensation of the relative will be paid from public funds, except asfollows:
(i) the relative was appointed or employed before the public officer assumed his position,if the relative's appointment did not violate the provisions of this chapter in effect at the time ofhis appointment;
(ii) the appointee is eligible or qualified to be employed by a department or agency of thestate or a political subdivision of the state as a result of his compliance with civil service laws orregulations, or merit system laws or regulations;
(iii) the appointee will be compensated from funds designated for vocational training;
(iv) the appointee will be employed for a period of 12 weeks or less;
(v) the appointee is a volunteer as defined by the employing entity;
(vi) the appointee is the only person available, qualified, or eligible for the position; or
(vii) the chief administrative officer determines that the public officer is the only personavailable or best qualified to perform supervisory functions for the appointee.
(c) When a public officer supervises a relative under Subsection (2)(b):
(i) the public officer shall make a complete written disclosure of the relationship to thechief administrative officer of the agency or institution; and
(ii) the public officer who exercises authority over a relative may not evaluate therelative's job performance or recommend salary increases for the relative.
(3) No appointee may accept or retain employment if he is paid from public funds, and

he is under the direct supervision of a relative, except as follows:
(a) the relative was appointed or employed before the public officer assumed hisposition, if the relative's appointment did not violate the provisions of this chapter in effect at thetime of his appointment;
(b) the appointee was or is eligible or qualified to be employed by a department oragency of the state or a political subdivision of the state as a result of his compliance with civilservice laws or regulations, or merit system laws or regulations;
(c) the appointee is the only person available, qualified, or eligible for the position;
(d) the appointee is compensated from funds designated for vocational training;
(e) the appointee is employed for a period of 12 weeks or less;
(f) the appointee is a volunteer as defined by the employing entity; or
(g) the chief administrative officer has determined that the appointee's relative is the onlyperson available or qualified to supervise the appointee.

Amended by Chapter 324, 2010 General Session