DAR File No. 27168

Human Resource Management, Administration

R477-9

Employee Conduct

NOTICE OF PROPOSED RULE

DAR File No.: 27168
Filed: 05/14/2004, 03:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds a new Section R477-9-6 (Acceptable Use of Information Technology Resources), renumbers the current Section R477-9-6, and make various nonsubstantive changes.

Summary of the rule or change:

Section R477-9-6 is added in coordination with the Office of the Chief Information Officer. An employee is required to comply with the Acceptable Use Policy authored by the Chief Information Officer or face possible discipline.

State statutory or constitutional authorization for this rule:

Section 67-19-6

Anticipated cost or savings to:

the state budget:

All agencies are complying with the acceptable use policy. This amendment will require no changes to the operating procedures or practices of state agencies with this policy and thus will generate no costs or savings.

local governments:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

other persons:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

Compliance costs for affected persons:

By law, Section 67-19-15, the Department of Human Resource Management's (DHRM) rules effect only persons employed by the executive branch of state government. Rule amendments that create a cost for an employee will either impose a fee for a choice which an employee may make or will cancel a monetary benefit that an employee currently enjoys because of rule. The amendments to this rule will do neither of these and will thus impose no costs on employees.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by DHRM have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. Section 67-19-15 limits the provisions of career service and this rule to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or saving on to businesses through fees. However, no such costs or saving will accrue with this amendment.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Conroy Whipple at the above address, by phone at 801-538-3067, by FAX at 801-538-3081, or by Internet E-mail at cwhipple@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2004

This rule may become effective on:

07/02/2004

Authorized by:

Kim Christensen, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-9. Employee Conduct.

R477-9-1. Standards of Conduct.

[Employees]An employee shall comply with the standards of conduct established in these rules and the policies and rules established by [their ]agency['s] management.

(1) Employees shall apply themselves to and shall fulfill their assigned duties during the full-time for which they are compensated.

(a) [Employees]An employee shall:

(i) comply with the standards established in [their]the individual performance plans;

(ii) maintain an acceptable level of performance and conduct on all other verbal and written job expectations;

(iii) report conditions and circumstances, including controlled substances or alcohol impairment, that may prevent [them]the employee from performing their job effectively and safely;

(iv) inform [their]the supervisor of any unclear instructions or procedures.

(2) [Employees]An employee shall make prudent and frugal use of state funds, equipment, buildings, and supplies.

(3) [Employees]An employee who reports for duty or attempts to perform the duties of [their]the position[s] while under the influence of alcohol or nonprescribed controlled substances shall be subject to corrective action or discipline in accordance with R477-10-2, R477-11 and R477-14.

(a) The agency may decline to defend and indemnify an employee[s] found violating this rule, in accordance with Section 63-30-36 (c)(ii) of the Utah Governmental Immunity Act.

(4) [Employees]An employee shall not drive a state vehicle, or any other vehicle, on state time while under the influence of alcohol or controlled substances.

(a) [Employees]An employee who violates this rule shall be subject to corrective action or discipline pursuant to R477-10-2, R477-11 and R477-14.

(b) The agency may decline to defend or indemnify an employee[s] who violates this rule, according to Section 63-30-36(3)(c)(i) of the Utah Governmental Immunity Act.

R477-9-2. Outside Employment.

(1) State employment shall be the principal vocation for a full-time employee[s] governed by these rules. An employee may engage in outside employment under the following conditions:

(a) Outside employment must not interfere with an employee's efficient performance in his state position.

(b) Outside employment must not conflict with the interests of the agency or the State of Utah.

(c) Outside employment must not give reason for criticism or suspicion of conflicting interests or duties.

(d) [Employees]An employee shall notify agency management in writing if the outside employment has the potential or appears to conflict with Title 67, Chapter 16, Employee Ethics Act.

(e) Agency management may deny an employee[s] permission to engage in outside employment, or to receive payment, if [they determine ]the outside activity is determined to cause[s] a real or potential conflict of interest.

(i) [Employees]An employee may grieve this decision.

(ii) Failure to notify the employer and to gain approval for outside employment is grounds for disciplinary action if the secondary employment is found to be a conflict of interest.

R477-9-3. Conflict of Interest.

(1) An employee may receive honoraria or paid expenses for activities outside of state employment under the following conditions:

(a) Outside activities must not interfere with the employee's efficient performance in his state position.

(b) Outside activities must not conflict with the interests of the agency or the State of Utah.

(c) Outside activities must not give reasons for criticism or suspicion of conflicting interests or duties.

(2) An employee shall not use his state position or any influence, power, authority or confidential information [he receives]received in that position, or state time, equipment, property, or supplies for private gain.

(3) An employee shall not receive outside compensation for performing state duties, except for the following:

(a) awards for meritorious public contribution;

(b) honoraria or expenses paid for papers, speeches, or appearances on an employee's own time with the approval of agency management, which are not compensated by the state or prohibited by rule;

(c) usual social amenities, ceremonial gifts, or non[-]substantial advertising gifts.

(4) An employee shall declare a potential conflict of interest when [he is ]required to do or decide something that could be interpreted as a conflict of interest. Agency management shall then excuse the employee from making decisions or taking actions that may cause a conflict of interest.

R477-9-4. Political Activity.

[State]A state career service employee[s] may voluntarily participate in political activity according to the provisions in this rule or other federal laws. The following rules apply to a career service employee[s] in [all]any salary range[s] and position[s].

(1) Any state career service employee elected to any partisan or full-time non[-]partisan political office shall be granted a leave of absence without pay while being monetarily compensated for service in political office. [Employees]An employee shall not receive annual leave while serving in a political office.

(2) During work time, no career service employee may engage in any political activity. No person shall solicit political contributions from employees of the executive branch during hours of employment. However, a state employee[s] may voluntarily contribute to any party or any candidate.

(3) Decisions regarding employment, promotion, demotion or dismissal or any other human resource actions shall not be based on partisan political activity.

(4) Regardless of other provisions in these rules, no member of the Utah State Highway Patrol may use official authority or influence to interfere with an election or to affect election results. No person may induce or attempt to induce any member of the Utah State Highway Patrol to participate in any prohibited activity.

(5) This rule shall not apply to an employee[s] who [are]is restricted or prevented from engaging in political activity through the provisions of the federal Hatch Act. To determine whether an employee shall adhere to the federal Hatch Act, an employee[s] may contact DHRM or the employing agency's human resource office for guidelines.

(6) Violations of law governing political activity shall be reported in writing to the Executive Director, DHRM, who shall investigate the validity of any allegation and assess the extent to which any activity was knowingly and willfully conducted in violation of law.

R477-9-5. Employee Indebtedness to the State.

(1) [Employees]An employee indebted to the state because of an action or performance in [their ]official duties may have a portion of [their ]pay that exceeds the minimum federal wage withheld. Overtime pay shall not be withheld.

(a) The following three conditions must be met before withholding of pay may occur:

(i) The debt must be a legitimately owed amount which can be validated through physical documentation or other evidence.

(ii) The employee must know about and, in most cases, acknowledge the debt. As much as possible, the employee should provide written authorization to withhold the pay.

(iii) [Employees]An employee must be notified of this rule which allows the state to withhold pay.

(b) [Employees terminating]An employee separating from state service will have pay withheld from the last paycheck.

(c) [Employees]An employee going on leave without pay for more than two pay periods may have pay withheld from their last paycheck.

(d) The state may withhold an employee's pay to satisfy the following specific obligations:

(i) travel advances where travel and reimbursement for the travel has already occurred;

(ii) state credit card obligations where the state's share of the obligation has been reimbursed to the employee but not paid to the credit card company by the employee;

(iii) evidence that the employee negligently caused loss or damage of state property;

(iv) payroll advance obligations that are signed by the employee and that the Division of Finance authorizes;

(v) misappropriation of state assets for unauthorized personal use or for personal financial gain. This includes reparation for employee theft of state property or use of state property for personal financial gain or benefit;

(vi) overpayment of pay determined by evidence that an employee did not work the hours for which they received pay or was not eligible for the benefits received and paid for by the state;

(vii) excessive reimbursement of funds from flexible reimbursement accounts;

(viii) other obligations that satisfy the requirements of R477-9-4(1) above.

(2) This rule does not apply to state employee obligations to other state agencies where the obligation was not caused by their actions or performance as an employee.

R477-9-6. Acceptable Use of Information Technology Resources.

Information technology resources are provided to a state employee to assist in the performance of assigned tasks and in the efficient day to day operations of state government.

(1) An employee shall use assigned information technology resources in compliance with R365-7, Acceptable Use of Information Technology Resources.

(2) An employee who violates the Acceptable Use of Information Technology Resources policy may be disciplined according to R477-11.

R477-9-[6]7. Policy Exceptions.

The Executive Director, DHRM, may authorize exceptions to the provisions of this rule, consistent with R477-2-2(1).

KEY: conflict of interest, government ethics, Hatch Act, personnel management

[July 5, 2002]2004

Notice of Continuation June 11, 2002

67-19-6

67-19-19

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Conroy Whipple at the above address, by phone at 801-538-3067, by FAX at 801-538-3081, or by Internet E-mail at cwhipple@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.