11-57 - Personal Use Expenditures for Political Subdivision Officers and Employees

Title 11 > 11-57

Sections (4)

11-57-101 - Title.

This chapter is known as “Personal Use Expenditures for Political Subdivision Officers and Employees.”

11-57-102 - Definitions.

As used in this chapter: 11-57-102(1) “Employee” means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. 11-57-102(2) “Officer” means a person who is elected or appointed to an office or position within a political subdivision. 11-57-102(3) “Personal use expenditure” means an expenditure made without the authority of law that: is not directly related to the performance of an activity as an officer or employee of a political subdivision; primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and would constitute taxable income under federal law. “Personal use expenditure” does not include: a de minimis or incidental expenditure; a monthly vehicle allowance; or a government vehicle that an officer or employee uses to travel to and from the officer or employee’s official duties, including an allowance for personal use as provided by a written policy of the political subdivision. 11-57-102(4) “Political subdivision” means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. 11-57-102(5) “Public funds” means the same as that term is defined in Section 51-7-3.

11-57-103 - Personal use expenditures prohibited.

11-57-103(1) An officer or employee of a political subdivision may not:

use public funds for a personal use expenditure; or incur indebtedness or liability on behalf of, or payable by, a political subdivision for a personal use expenditure. 11-57-103(2) If a political subdivision determines that a political subdivision officer or employee has intentionally made a personal use expenditure in violation of Subsection (1), the political subdivision shall:

require the political subdivision officer or employee to deposit the amount of the personal use expenditure into the fund or account from which: the personal use expenditure was disbursed; or payment for the indebtedness or liability for a personal use expenditure was disbursed; require the political subdivision officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the political subdivision; and deposit the money received under Subsection (2)(b) into the operating fund of the political subdivision. 11-57-103(3) Any officer or employee of a political subdivision who has been found by the political subdivision to have made a personal use expenditure in violation of Subsection (1) may appeal the finding of the political subdivision. The political subdivision shall establish an appeal process for an appeal made under Subsection (3)(a). 11-57-103(4) Subject to Subsection (4)(b), a political subdivision may withhold all or a portion of the wages of an officer or employee of the political subdivision who has violated Subsection (1) until the requirements of Subsection (2) have been met. If the officer or employee has requested an appeal under Subsection (3), the political subdivision may only withhold the wages of the officer or employee after the appeal process has confirmed that the officer or employee violated Subsection (1).

11-57-104 - Relation to other actions — Prohibition on disbursing funds and accessing accounts.

11-57-104(1) Nothing in this chapter:

immunizes a political subdivision officer or employee from or precludes any criminal prosecution or civil or employment action for an unlawful personal use expenditure; or limits or supersedes the authority of a political subdivision to set compensation in accordance with Section 10-3-818. 11-57-104(2) A political subdivision officer or employee who is convicted of misusing public money or public property under Section 76-8-402 may not disburse public funds or access public accounts.