67-16-4 - Improperly disclosing or using private, controlled, or protected information -- Using position to secure privileges or exemptions -- Accepting employment which would impair independence of j - Utah Statutes

67-16-4. Improperly disclosing or using private, controlled, or protectedinformation -- Using position to secure privileges or exemptions -- Accepting employmentwhich would impair independence of judgment or ethical performance -- Exceptions.
(1) Except as provided in Subsection (3), it is an offense for a public officer, publicemployee, or legislator, under circumstances not amounting to a violation of Section 63G-6-1001or 76-8-105, to:
(a) accept employment or engage in any business or professional activity that he mightreasonably expect would require or induce him to improperly disclose controlled information thathe has gained by reason of his official position;
(b) disclose or improperly use controlled, private, or protected information acquired byreason of his official position or in the course of official duties in order to further substantiallythe officer's or employee's personal economic interest or to secure special privileges orexemptions for himself or others;
(c) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges or exemptions for himself or others;
(d) accept other employment that he might expect would impair his independence ofjudgment in the performance of his public duties; or
(e) accept other employment that he might expect would interfere with the ethicalperformance of his public duties.
(2) (a) Subsection (1) does not apply to the provision of education-related services topublic school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section 53A-1-402.5.
(3) A county legislative body member who does not participate in the process ofselecting a mental health or substance abuse service provider does not commit an offense underSubsection (1)(a) or (b) by:
(a) serving also as a member of the governing board of the provider of mental health orsubstance abuse services under contract with the county; or
(b) discharging, in good faith, the duties and responsibilities of each position.

Amended by Chapter 382, 2008 General Session