<br />Standards of Conduct
<br />
<br />PART 1 CODE OF ETHICS
<br />24-18-101. Legislative declaration.
<br />24-18-102. Definitions.
<br />24-18-103. Public trust - breach of fiduciary
<br />duty.
<br />24-18-104. Rules of conduct for all public.
<br />officers, members of the general assembly, local
<br />government officials, and employees.
<br />24-18-105. Ethical principles for public officers,
<br />local government officials, and employees.
<br />24-18-106. Rules of conduct for members of the
<br />general assembly.
<br />24-18-107. Ethical principles for members of the
<br />general assembly.
<br />24-18-108. Rules of conduct for public officers
<br />and state employees.
<br />24-18-108.5. Rules of conduct for members of
<br />boards and commissions.
<br />24-18-109. Rules of conduct for local government
<br />officials and employees.
<br />24-18-110. Voluntary disclosure.
<br />24-18-111. Powers of the secretary of state.
<br />24-18-112. Board of ethics for the executive
<br />branch - created - duties.
<br />24-18-113. Board of ethics for the general
<br />assembly - created - duties.
<br />PART 2 PROSCRIBED ACTS RELATED TO
<br />CONTRACTS AND CLAIMS
<br />24-18-201. Interests in contracts.
<br />24-18-202. Interest in sales or purchases.
<br />24-18-203. Voidable contracts.
<br />24-18-204. Dealings in warrants and other claims
<br />prohibited.
<br />24-18-205. Settlements to be withheld on
<br />affidavit.
<br />
<br />PART I CODE OF ETHICS
<br />
<br />24-18-101. Legislative declaration. The general
<br />assembly recognizes the importance of the participation
<br />of the citizens of this state in all levels of government in
<br />the state. The general assembly further recognizes that,
<br />when citizens of this state obtain public office, conflicts
<br />may arise between the public duty of such a citizen and
<br />his or her private interest. The general assembly hereby
<br />declares that the prescription of some standards of
<br />conduct cornmon to those citizens involved with
<br />government is beneficial to all residents of the state.
<br />The provisions of this part 1 recognize that some actions
<br />are conflicts per se between public duty and private
<br />interest while other actions mayor may not pose such
<br />conflicts depending upon the surrounding
<br />circumstances.
<br />
<br />24-18-102. Definitions. As used in this part 1, unless
<br />the context otherwise requires:
<br />(1) "Business" means any corporation, limited
<br />liability company, partnership, sole proprietorship, trust
<br />
<br />or foundation, or other individual or organization
<br />carrying on a business, whether or not operated for
<br />profit.
<br />(2) "Compensation" means any money, thing
<br />of value, or economic benefit conferred on or received
<br />by any person in return for services rendered or to be
<br />rendered by himself or another.
<br />(3) "Employee" means any temporary or
<br />permanent employee of a state agency or any local
<br />government, except a member of the general assembly
<br />and an employee under contract to the state.
<br />(4) "Financial interest" means a substantial
<br />interest held by an individual which is:
<br />(a) An ownership interest in a business;
<br />(b) A creditor interest in an insolvent business;
<br />(c) An employment or a prospective
<br />employment for which negotiations have begun;
<br />(d) An ownership interest in real or personal
<br />property;
<br />(e) A loan or any other debtor interest; or
<br />(f) A directorship or officership in a business.
<br />(5) "Local government" means the
<br />government of any county, city and county, city, town,
<br />special district, or school district.
<br />(6) "Local government official" means an
<br />elected or appointed official of a local government but
<br />does not include an employee of a local government.
<br />(7) "Official act" or "official action" means
<br />any vote, decision, recommendation, approval,
<br />disapproval, or other action, including inaction, which
<br />involves the use of discretionary authority.
<br />(8) "Public officer" means any elected officer,
<br />the head ofa principal department of the executive
<br />branch, and any other state officer. "Public officer"
<br />does not include a member of the general assembly, a
<br />member of the judiciary, any local government official,
<br />or any member of a board, commission, council, or
<br />committee who receives no compensation other than a
<br />per diem allowance or necessary and reasonable
<br />expenses.
<br />(9) "State agency" means the state; the general
<br />assembly and its committees; every executive
<br />department, board, commission, committee, bureau, and
<br />office; every state institution of higher education,
<br />whether established by the state constitution or by law,
<br />and every governing board thereof; and every
<br />independent commission and other political subdivision
<br />of the state government except the courts.
<br />
<br />24-18-103. Public trust - breach of fiduciary duty. (1)
<br />The holding of public office or employment is a public
<br />trust, created by the confidence which the electorate
<br />reposes in the integrity of public officers, members of
<br />the general assembly, local government officials, and
<br />employees. A public officer, member of the general
<br />assembly, local government official, or employee shall
<br />carry out his duties for the benefit of the people of the
<br />state.
<br />(2) A public officer, member of the general
<br />assembly, local government official, or employee whose
<br />25
<br />
|