2006 Utah Code - 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 judgment or ethical performance -- Exceptions.

     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 judgment or ethical performance -- Exceptions.
     (1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator, under circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105, to:
     (a) accept employment or engage in any business or professional activity that he might reasonably expect would require or induce him to improperly disclose controlled information that he has gained by reason of his official position;
     (b) disclose or improperly use controlled, private, or protected information acquired by reason of his official position or in the course of official duties in order to further substantially the officer's or employee's personal economic interest or to secure special privileges or exemptions 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 of judgment in the performance of his public duties; or
     (e) accept other employment that he might expect would interfere with the ethical performance of his public duties.
     (2) (a) Subsection (1) does not apply to the provision of education-related services to public 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 of selecting a mental health or substance abuse service provider does not commit an offense under Subsection (1)(a) or (b) by:
     (a) serving also as a member of the governing board of the provider of mental health or substance abuse services under contract with the county; or
     (b) discharging, in good faith, the duties and responsibilities of each position.

Amended by Chapter 45, 2005 General Session
Amended by Chapter 25, 2005 General Session

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