A. Applicability: The appointed officers and employees of the city (as well as elected officials and persons serving on city boards, committees, commissions or agencies) are subject to the Utah municipal officers' and employees' ethics act. The provisions of this act have also been adopted under city ordinance (title 2, chapter 7 of the Ogden municipal code).
B. Prohibited Acts: The law has prohibitions regarding the use of the employee's position for personal benefit by prohibiting:
1. The improper use of private, controlled or protected information;
2. The securing of special privileges or exemptions;
3. The use or attempting to use the employee's official position to secure special privileges for the employee or others;
4. The acceptance or solicitation of gifts or loans if the gift or loan tends to influence the employee in the discharge of his/her duties. (Exemptions for certain gifts are referred to in the acceptance of gifts policy.)
C. Disclosure And Filing Requirements: Beyond these prohibitions the law imposes certain disclosure and filing requirements for relationships of the employee which involve:
1. The receipt of compensation for assisting in a transaction involving the city;
2. Having an interest in a business entity regulated by the city;
3. Having an interest in a business entity doing business with the city;
4. Having a personal interest or investment which creates a conflict between the employee's personal interests and his/her public duties.
(Note: The above interests can include interests held by spouses or minor children, or may arise through ownership or the holding of certain positions in the applicable entity.)
D. Contracts: In addition to the requirements of state law, the city prohibits, by ordinance (section 2-7-7 of the Ogden municipal code), employees from participating on behalf of the city in the process of making, recommending, approving or preparing any contract in which the employee or any member of the employee's family has any private pecuniary interest; or in making any discretionary decision with regards to such contract.
E. Financial Interests: Employees should also be aware that a prohibition against interest exists under the city's contracting and purchasing ordinances (section 4-2A-12 of the Ogden municipal code). No purchase order or contract of the city may be approved in which a city employee is financially interested (including interests of spouses and children). Under certain circumstances the mayor may waive this prohibition and allow the city to proceed with the purchasing or contract; however, the employee's obligations not to participate in the process, as described above, are still applicable.
F. Violation: Conduct found in violation of these provisions shall subject the employee to termination and/or criminal penalties. Employees desiring more information about state law or the city ordinances, or who have questions about conflicts of interest, may request further information from the human resources office or the city attorney's office. (Adm. Order 2015-3, 6-2-2015)