HomeMy WebLinkAbout83 of 1981 - Repealing Title 25, Chapter 26, Sections 1 through 14 entitled 'Conflict of Interest' and enacting a SALT LAKE CITY ORDINANCE
Bill No. 83 1981
(Conflict of Interest Ordinance)
AN ORDINANCE REPEALING TITLE 25, CHAPTER 26, SECTIONS 1
THROUGH 14, OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH,
1965, AS AMENDED, ENTITLED "CONFLICT OF INTEREST", AND ENACTING A
NEW ORDINANCE, TITLE 24, CHAPTER 13, SECTIONS 1 THROUGH 14,
INCLUSIVE, ENTITLED "CONFLICT OF INTEREST".
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Title 25, Chapter 26, Sections 1 through 14
of the Revised Ordinances of Salt Lake City, Utah, 1965, as
amended, is hereby repealed, in its entirety.
SECTION 2. That a new Title 24, Chapter 13, Sections 1
through 14, inclusive, entitled "Conflict of Interest", is hereby
enacted as follows:
Chapter 13
CONFLICT OF INTEREST
Sections:
24-13-1. Purpose.
24-13-2. Definitions.
24-13-3. Prohibited Acts.
24-13-4. Disclosure of Substantial Interest in Business.
24-13-5. Disclosure and disqualification.
24-13-6. Receiving compensation for assistance in
transaction involving city.
24-13-7. Public Contracts.
24-13-8. Gifts.
24-13-9. Complaints or violations.
24-13-10. Voidable transactions.
24-13-11. Inducement to violate prohibited.
24-13-12. Penalty.
24-13-13. Separability clause.
Sec. 24-13-1. Purpose. The purpose of this ordinance is to
establish guidelines for ethical standards of conduct for all
appointed and elected officers of Salt Lake City, including all
private citizens appointed to special, regular, or full-time
boards, committees, commissions, authorities or agencies of Salt
Lake City, by setting forth those acts or actions that are incom-
patible with the best interests of the City and by directing dis-
closure by such individuals of their private financial or other
interests in matters affecting the city.
Sec. 24-13-2. Definitions.
(a) "Appointed officer" means any person appointed to any
statutory office or position or any other person appointed to any
position of employment with the city, except special employees.
Appointed officers include, but are not limited to, persons
serving on special, regular or full-time committees, agencies, or
boards, whether or not such persons are compensated for their
services. The use of the word "officer" in this part is not
intended to make appointed persons or employees "officers" of the
city.
(b) "Assist" means to act, or offer, or agree to act, in
such a way as to help, represent, aid, advise, furnish
information to, or otherwise provide assistance to a person or
business entity, believing that such action is of help, aid,
advice, or assistance to such person or business entity and with
the intent to so assist such person or business entity.
(c) "Business entity" means a sole proprietorship, partner-
ship, association, joint venture, corporation, firm, trust,
foundation, or other organization or entity used in carrying on a
business.
(d) "City regulated business entity" means any business
entity for which the city issues or requires a regulatory
license, pursuant to any city ordinance.
(e) "Compensation" means anything of economic value,
however designated, which is paid, loaned, granted, given,
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Arms
donated or transferred to any person or business entity for or in
consideration of personal services, materials, property, or any
other thing whatsoever.
(f) "Elected officer" means any person elected or appointed
to the office of mayor or council member.
(g) "Governmental action" means any action on the part of a
municipality, including, but not limited to:
1. Any decision, determination, finding, ruling, or
order; and
2. Any grant, payment, award, license, contract,
subcontract, transaction, decision, sanction, or approval,
or the denial thereof, or the failure to act in respect
thereto;
3. Any legislative, administrative, appointive or
discretionary act of any appointed or elected officer of the
city.
(h) "Special employee" means any person hired on the basis
of a contract to perform a special service for the city pursuant
to an award of a contract, pursuant to city ordinances.
(i) "Substantial interest" means the ownership, either
legally or equitably, by an elected or appointed officer, the
officer's spouse, or the officer's minor children, of at least
10% of the outstanding shares of a corporation or 10% interest in
any other business entity.
Sec. 24-13-3. Prohibited Acts. No appointed or elected
officer shall:
(a) Disclose confidential information acquired by reason of
the officer's official position or use such information for the
officer's or another's private gain or benefit.
(b) Improperly use or attempt to improperly use the
officer's official position to secure special privileges or
exemptions for the officer or others.
Sec. 24-13-4. Disclosure of Substantial Interest in
Business.
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.s
(a) Every appointed and elected officer of the City who is
also an officer, director, agent, employer, or employee of any
business, or the owner of a substantial interest in any business
entity, shall disclose, as hereafter provided, any such position
and the nature of such position or employment upon first becoming
an appointed or elected officer of the City.
(b) Every appointed and elected officer of the City who is
also an officer, director, agent, employer, or employee of any
business or the owner of a substantial interest in any business
entity which is subject to regulation by the City shall disclose,
as hereafter provided, any such position and the value and
precise nature of such interest upon first becoming an officer of
the City.
(c) Present appointed and elected officers shall make such
disclosures within thirty (30) days from the effective date of
this ordinance. Thereafter, all such officers shall make such
disclosure during January of each year, during which said officer
continues to be an officer. Such disclosure shall be made in a
sworn written statement in a form prescribed by the City and
shall be filed with the mayor and the city recorder of Salt Lake
City.
(d) Unless otherwise required by law, where the value is
required to be disclosed, pursuant to this section, it shall be
sufficient to report whether the value is less than $25,000.00 or
greater than $25,000.00. Notwithstanding the above, this section
does not apply to instances where the value of the interest does
not exceed $2,000, and life insurance policies and annuities
shall not be considered in determining the value of any such
interest.
24-13-5. Disclosure and Disqualification. Whenever the
performance of an appointed or elected officer's official duty
shall require any governmental action on any matter involving the
appointed or elected officer's financial, professional, or
personal interests, the officer shall disclose to the mayor in
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the manner prescribed in Section 4 of this chapter, the nature
and extent of such interests and shall disqualify himself/herself
from participating in a deliberation as well as in the voting on
such matter.
Sec. 24-13-6. Receiving compensation for assistance in
transaction involving city. No appointed or elected officer of
the City shall receive or agree to receive compensation for
assisting any person or business entity in any transaction
involving the City unless he/she shall file with the mayor and
the city recorder a sworn written statement giving the following
information:
(a) The name and address of the public officer or public
employee involved.
(b) The name and address of the person or business entity
being or to be so assisted.
(c) A brief description of the transaction as to which
service is rendered or is to be rendered and of the nature of the
service performed or to be performed.
The statement required to be filed by this section shall be
filed within ten days after the date of any agreement between the
officer and the person or business entity so being assisted or
the receipt of compensation, whichever is earlier. Notwithstand-
ing the above, no service or transaction as contemplated by this
section, shall be rendered or performed prior to the filing of
the disclosure statement required by this section. The statement
shall be deemed public information and shall be available for
examination by the public. This provision shall not be construed
to allow actions which are otherwise prohibited by city
ordinances or state law.
Sec. 24-13-7. Public Contracts. No appointed or elected
officer shall enter into any contract with the city in which
he/she or any member of his/her immediate family has any private
pecuniary interest, either direct or indirect, when said officer
has participated in making, recommending or preparing such
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contract or performs in regard to that contract some function
requiring the exercise of discretion on his/her part, unless:
(1 ) The contract is awarded through a process of public
notice and competitive bidding or other appropriate process in
accordance with city ordinances; and
(2) Said officer discloses in writing his interest in said
business contract or transaction and complies with the provisions
of Section 24-13-5 above.
Sec. 24-13-8. Gifts. No appointed or elected officer shall
knowingly receive, accept, take, seek or solicit, directly or
indirectly, any gift or loan for himself or another if the gift
or loan tends to influence him in the discharge of his official
duties, but this section does not apply to:
(1 ) An occasional nonpecuniary gift having a value of less
than $50; or
(2) An award publicly presented; or
(3) Any bona fide loan made in the ordinary course of
business; or
(4) Political campaign contributions actually used in a
political campaign.
Sec. 24-13-9. Complaints or violations.
(a) Complaints concerning the violation of any provision of
this chapter by an appointed or elected officer shall be filed
with the mayor and shall be investigated by appropriate City
personnel or private citizens, as determined by the mayor. The
appointed or elected officer shall be given the opportunity to be
heard and respond to said complaint. A written report of the
findings, together with the recommendations of the investigating
personnel or citizens shall be filed with the office of the
mayor. The mayor, unless otherwise required by law, upon finding
that the officer has violated this ordinance, may dismiss,
suspend or take such other action as may be appropriate in the
circumstances with respect to said officer.
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(b) Notwithstanding any other provision of this chapter, an
appointed officer under the career or civil service system, who
is found to have violated any of the provisions of this chapter,
may appeal such determination in accordance with the grievance
procedures of such system.
(c) Complaints alleging violations of this chapter by the
mayor shall be filed with and investigated by the city council.
Sec. 24-13-10. Voidable Transactions. Any contract or
transaction which was the subject of governmental action by the
City in which there is an interest prohibited by this ordinance
or which involved the violation of a provision of this ordinance,
shall be voidable, at the option of the City.
Sec. 24-13-11. Inducement to violate prohibited. No person
shall induce or seek to induce any appointed or elected officer
to violate any of the provisions of this part.
Sec. 24-13-12. Penalty. In addition to any penalty
provided herein, any person who knowingly and intentionally
violates the provisions of this chapter is guilty of a misde-
meanor and may be dismissed from employment or removed from
office, as provided by law.
Sec. 24-13-13. Separability clause. If any provision or
application of this ordinance is found by a court of competent
jurisdiction to be invalid or unconstitutional, the remainder of
this ordinace shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect immediately
upon publication.
Passed by the City Council of Salt Lake City, Utah,
this l day of NvUkv-ixtom , 1981.
t,e444-t-0 dast,
C AIRMAN
ATTEST:
CI Y REC 1.) 12
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Transmitted to Mayor on November 17, 1981
Mayor's Action
I
O
ATTEST: dIft
I RECO ER
(S EAL)
BILL 83 of 1981
Published December 1, 1981
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DISCLOSURE STATEMENT
This statement is filed with Salt Lake City Corporation in
accordance with the provisions of Section 24-13-4, Revised
Ordinances of Salt Lake City, Utah, 1965, as amended.
1. Name:
2. Address:
3. Position held with City:
4. Additional employment or interest held in
a business entity:
a. Name and address of business entity:
b. Type of interest or position of employment:
c. Principle activity engaged in by the business entity:
d. How long have you been with the business entity?
e. What are your duties and responsibilities?
f. What is the nature of your interest?
5. Is this business entity regulated by Salt Lake City?
6. If answer to No. 5 above is yes, is the value of your
interest: under $25,000 over $25,000.
DATED this _ day of , 198_
STATE OF UTAH
: ss.
County of Salt Lake)
, being first duly
sworn, deposes and states:
The he/she has read the foregoing and knows the contents
thereof and that the same are true of his/her own knowledge.
SUBSCRIBED AND SWORN to before me this day
of , 198
NOTARY PUBLIC, residing in Salt
Lake County, Utah
My Commission Expires:
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FORM FOR USE BY CITY COUNCIL
TO SE USED IN CONFIRMATION PROCESS
FOR COMMITTEE MEMBERS
Name:
Address:
Occupation:
Birthplace:
Where raised:
Schools Attended:
Degrees Obtained:
Major: Minor:
Graduate Schools Attended:
Professional Degrees:
How long a resident of the City?
Employer:
Previous Experience:
Prior civic service rendered:
Prior civic committees served upon:
Businesses or family business interests:
Partnerships held:
s1`t
•
Investments:
Business interests:
Joint Ventures:
Limited Partnerships:
Specific goals or philosophies regarding
committee for which you are being con-
sidered:
Do you have business associations with con-
tractors, developers, construction firms,
real estate brokers?
If yes to above question, please elaborate:
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51)M.355
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
SALT LAKE CITY ORDINANCE Sh ana D. Conaty
Bill Be.83 Gel
(Cadilot St ieiareat Ordinance)
AN ORDINANCE REPEALING TITLE 25,CHAPTER 26,
SECTIONS 1 THROUGH 14,OF THE REVISED ORDINANC-
ES OF SALT LAKE CITY, UTAH, 1965,AS AMENDED,
A NET ED"CONFLICT
CONFL CTI OF INTERESCHAPT", 13DSENACTINCTIONSG Being first duly sworn,deposes and says that he is legal
INTEREST
Be INCLUSIVE, ENTITLED "CONFLICT OF advertising clerk of the DESERET NEWS, a daily
Be It ordained by the City Council of Salt Lake City,Utah: (except Sunda newspaperprinted in the English
14 of ECTIOhe Nls.That
Tittle 25,Chapter
lt 26,CSSectionah.1963,at y� g
amended,isherebyrepealed,luHsentire . language with general circulation in Utah, and
SECTION 2.That a Title 24,Chapter 13,Sections 1
through 14,Inclusive,entitled"Conflict of Interest",is hereby published in Salt Lake City, Salt Lake County, in the
encored as follows: chamerw State of Utah.
CONFLICT OF.INTEREST
Sections:
2<i32.Der ninon,.
Prohibited That the legal notice of which a copy is attached hereto
24-13.4.Disclosureure of Substantial Interest In Business.
24.13 6.Receiving compensation
e �forraassistance In transac-
tion Involving city. Pub notice of ordinance, Bill #83 of 1981.
24.13.7.Public Contracts.
24-13-8.Gifts.
24-13-9.Complaints or viotatlons.
2413-70.Voidable lranmcolons.
24-13-11.Inducement to violate prohibited.
24.13.12.Penalty.
24.13-13.Separability clause.
Sec 243-1.Purpose.The purpose of this ordinance Is 10
establish guidelines for ethical standards of conduct for all
priva
❑ppaainted and elected officers of Salt Lake City,including all
te citizens appointed to special,regular,or hull-time
boards,
n t lakeCity,tby setting torah thosseu authorities
are
Incompatible with the best Interests of the City and by direct-
ing disclosure by such Individuals of their private financial or
other Interests In matters effecting the city.
Sec.24-13-2.Definitions.
(a)"Appointed officer"means any person eppoinied to
to any ipositionf(cteemploymmentn owith thehcit,,except seecl�
perrsoneeeerving on pecial,officers
rd°oiimi are not Dec. 1, 19 81
genies,or boards,whether or not such arsons are comae- was published in said newspaper on
sated for their services.The use of the word"officer"In this
part
e city.
to make appointed persons or employees
"o
fficers"of ft(b)"Assist"means to act,or otter,or agree to act,In
such a way as to help,represent,aid,advise,furnish Informs
tie to,or otherwise provide assistance to a persons or bust-
non1,
ssistance believing
ch that
or business of
and with \1 �. �i 1
Intent to so 5sslse such ppee en or business entity.
ar%o,"Business
Basin'sioentity"meaty a,sole po nnareit rshlp',earl- _ Legal Advertising Cle.r'k
nfoundatlue,orrother organizoint ation or entity used In carrying on
a (d)"City regulated business entity"means any business
entity for which the city Issues or requires a regulatory II- {
ens lo)p"Compensativant to on t,i'Tan city s anything of economic value, rare me this l.7th day of
however designated, which Is paid,loaned granted,given,
donated or transferred to gray person or business entity for or
In consideration of personal services,materials,property,or
a to other"Elected mayor uumeans any person elected or A.D. 19.81....
appoint-
ed to the office of mayor or council member.
(e)"Governmental action"means any action on the❑art •� ;
of a municipality,Including,bat not limited to:
1 Anyy decision,determination,finding,ruling,or order,
end 2 Any grant,payment,award,license,contract,subcon-
tract,transaction,decision,sanction,or approval,or the dent- "
al thereof,or the failure to act In reap.. thereto, /z`/ ll/ .z:,.,.t...,.,.),/
3.Any legislative,administrative,appointive or NotaryFttblic
discre-
tionary act of any appointed or elected officer of the city.
basis a contract totoporformeantrecial service for the ci 011 ty ,/
pursuant to an,award et a contract,pursuant to city online.-
(I)"Substantial interest"meal.
ownership,
l
legally or equtably,byanelece or theePPoildd officer,the
officer's spouse,or the officer's minor children,of at least 10?'c
of the outstanding shares of a corporation or 10^o Interest In
env other business entity.
Sec.94.13-3.Prohibited Acts.No appointed or elected oHl-
er shall:
(a)Disclose confidential Information acquired by reason
of the officer's official position or use such Information for the
officer's or another's private gain or to Improperlybenefit.
(b)Improperly use or attempt to lvil0 Use the offl-
foffr lhel positificer onr othnrsure special privileges or exemp-
tionsSec.24-13.4.Dppiaaaciesura of Substantial interest In Business.
•also anoficer,edirector,r,egenelected
,employer,or ec o ovcer of the letay who is
of any
' business,or the owner of a substantial Interest In and business
entity,shall disclose,of as hereafter provided,any such position
becoming ant appointe such elected officer of the City.upon first
(b)Every appointed and elected officer of the City who is
business officer,
the owner ,of a substantial Interest le enyy business
entity which is sublect to regulation by the City shell disclose,
as hereafter provided,any such position and the value and
precise nature of such Interest upon first becoming an officer
of the cry.
disclosures within thirty(MI days�lr officers effective datedated
this ordinance.Thereafter,all such officers shall make such
disclosure during January of each year,during which said
Suchornoirtistetorsbbhade i e sworn written statement disclosure
y
the City and shall be filed with the mayor end the city record.
erof Salt Lake City.
requlireot toess be otherwise
pursuant suantired bo lthis sseection,hit shall be
suffiCl2ni 10 report whether the value is Was than 2,25.000.00 or
greater than S25,000.00.Notwithstanding the above,this sec-
tion does not s not applyto Instances where the value of the Interest
d annu-
Hiles shall not besroes(dared and l in determining the Insurance i vaes lue of any
such Interest_.
lid•
ho
n e ° n1tldry fyi .. '° duly
M .1 cnlly eio el0ricleciiinlflna,,y4,orulesisfoina di ar fireamanneru erescritlilyd InlceecrOen o a°tills chop°for often aturee
Recinall on f osuch mailem ua deigr,n tine e nsasdelib gill n lies wellyasf inat a Yon
u
Fran action involviin0 city.-rNo mpensati or n ettedsOfflear of
the City Shell receive or aOrea to revolve campensatbn for
nvoivling thny e`pOrf0rl or business fit'in by ttrrannsactior the city recurderyausvwornhwritten sfatementl solving Hie or lad Ins inPormatlon: lalfow-
(aiThe name and addrss of the public officer or nuhllc
employee Inv01v d,
boingdi ill flaora0nod eddross of file person or buslnass entity glee.
(c)A brief description of the transaction as to whlch ear-
vice Is rendered or is fo be rendered and et the nature of the
service cnrlorrned or fu be Performed.
flied rflfhln tren days dfterthe datelof any anlceemelnt Shell IM
nrfho receipt of conipensaiinn uwnldiever Is earlBier°N j hod.
Ov this secction,stray be rrenderred'drserrformaa Orion toted fling of the disclosure stateme,lr required by tills Orton n.The
sfafema,t shell be deemed public Information and shall be
he
a liable for ed to allow
actions which are olherwlse prohlbff-
ed by city ordinances Or sfute law,
ce5ev.94-13 1.public Contracts.No appointed ar elected ofil-
ceranholl enter into any contract with lila Oily In winch he/she
has parllcipabfed in rreakieg,Or-act
rac0lnlnler of his/her fndingt l r p spa said officer
ouchcnniracl or:performs In regard to Ihal contract some functko-
re9(tin ihueContract Is a of lwardednton hIslrero trrtum e
notice and comeetlfivet hlddina Or other appr i✓" Id
< dance with city ordinances;and f In Bald
accordance
Said°nicer discloses In ri p,,ve vain,the prey.
business cntracf or Iransa fins w•�sloes of Sectl3_Ia 3-n ab°v bt„ledor elected officer shall
1=?Iyr 4rcc Iva,
nn rake, or Ilclt,directly or
loanrtends to Inflpu fin the E scharge of ills officialp du-
ties,but this seetian Mrs silt apply to:
.Y a(1;Ar ecwslonal nonpecunnary gift having a value of less
(1)An award publicly presented;or
busi((3)Any bona fide loan made n the ordinary course of
political ce°Imticoi campaign contributions actually used In a
Sec.24-13.9,Complaints Or violations.
tat COnmialatu uoncerning the violation of any provisions
of this chapter by an appointed or elected officer shall be flied
with fha mayor and shall be Investigated by appropriate City
The appolintedpor private iofficernshall be alive the opwrtunitry
to be heard and respond to said complaint,rl written report of
the 0Indines,together with the recommendations of the Invest!.
gating personnel or citizens shall b,Piled with the office of the
mayor,The mayor,unless otherwise required by law,uw
finding that the officer has violated this ordinance,may dis-
miss,suspend or take such other action as may be appropriate
In the circumstances with respect to said officer.
(b)Notwithstanding any other provision of this chapter,
n appointed officer under the careyer or CIO service system,
chapter,may towel°sulh de erminatioln In°accoirdancef with
the grievance procedures of such system,
(el Complaints alleging violations of this chapter by the
mayor shall be file,,with and Invest100 fed by theca,/council.
Sec. 14.13-10. Voidable Transactions, Any c act o
tra action which was the sublecf et governmental aclnn by
the City in which here Is an interest prohibited by this ordl•
nonce or which involved the violas ton of a provision of this
ordinance,shall be voidable,at 9ha Option of the City.
Sec.24.13.11.Inducement to violate prohibit..N0 person
shall Induce Or seek to Induce any appointed or elected officer
to violat0 any of the provisions of this per/.
Sec.24-13.12.Penalty.In addition to any penalty provided
herein,any parson who chapter Is
and Intentionally violates
the
°beydismissed this
from employment oro1removeed from office.
and
as°provided by law.
Sotionofathis ordinance sill°unrl bye,It any of comlpetent lode.
diction to shall)valid o I n Iut,force and lr,the remainder of SiIs
et SECTIDtI 3.Tills Ordinance shall fake effect ImmedDtely
V°O Passed by°the Cite Council of Salt Lake City.(fah,this
10fh day of November,1901. pelmet DePnulls
CHAR RP
ATTEST:
Kathryn Marshall
CITY CORDER
Transmitted to Mayor on November 17,1931
Mayor's Action Ted Wilson
MAYOR
ATTEST:
Kathryn Marshall
cfry RP.CORDiSA
(SI1AL)
HILT S3 c/lexi
Pn„il.whed[1 1,1911