This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Human Resource Management, Administration
NOTICE OF PROPOSED RULE
DAR File No.: 31194
Filed: 04/25/2008, 09:35
Received by: NL
Purpose of the rule or reason for the change:
Amendments add clarifying language and align Conflict of Interest rule with the Governor's Executive Order of 02/14/2007. Language is changed to specify new procedures for employees interested in filing for candidacy for a partisan Office. This aligns with the federal Hatch Act and establishes clear guidelines regarding the state's and employee's responsibilities. Nonsubstantive changes are also made to comply with rulemaking style.
Summary of the rule or change:
In Subsection R477-9-1(5), the word "personal" is inserted to clarify what is meant by current mailing address. Subsection R477-9-3(3) is changed to reflect language found in the Governor's Executive Order on Ethics of 2007 and eliminates exceptions for receipt of gifts or honoraria in accordance with the order. Section R477-9-4 is changed by iterating federal Hatch Act restrictions and adding procedural steps for employees to follow if they desire to file for candidacy for a partisan political office. The section also outlines dismissal consequences for violating these rules.
State statutory or constitutional authorization for this rule:
Sections 67-19-6 and 67-19-19
Anticipated cost or savings to:
the state budget:
There is no direct budget impact to the state from these amendments as they merely outline administrative and procedural processes required for employees to comply with.
This rule only affects the executive branch of state government and will have no impact on local governments.
small businesses and persons other than businesses:
This rule only affects the executive brand of state government and will have no impact on other persons.
Compliance costs for affected persons:
This rule only affects agencies of the executive branch of state government.
Comments by the department head on the fiscal impact the rule may have on businesses:
Rules published by the Department of Human Resource Management (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. This act limits the provisions of career service and these rules 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 savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. Jeff Herring, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Resource Management
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201
Direct questions regarding this rule to:
J.J. Acker or Tina Sweet at the above address, by phone at 801-537-9096 or 801-538-3761, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at firstname.lastname@example.org or email@example.com
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:
This rule may become effective on:
Jeff Herring, Executive Director
R477. Human Resource Management, Administration.
R477-9. Employee Conduct.
R477-9-1. Standards of Conduct.
An employee shall comply with the standards of conduct established in these rules and the policies and rules established by agency management.
(1) Employees shall apply themselves to and shall fulfill their assigned duties during the full-time for which they are compensated.
(a) An employee shall:
(i) comply with the standards established in 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 the employee from performing their job effectively and safely;
(iv) inform the supervisor of any unclear instructions or procedures.
(2) An employee shall make prudent and frugal use of state funds, equipment, buildings, and supplies.
(3) An employee who reports for duty or attempts to perform the duties of the position while under the influence of alcohol or nonprescribed controlled substances shall be subject to corrective action or discipline in accordance with Section R477-10-2, Rule R477-11 and R477-14.
(a) The agency may decline to defend and indemnify an employee found violating this rule, in accordance with Subsection 63-30-36(c)(ii) of the Utah Governmental Immunity Act.
(4) An employee [
drive a state vehicle[ ,] or any other vehicle, on state time
while under the influence of alcohol or controlled substances.
(a) An employee who violates this rule shall be
subject to corrective action or discipline [
Section R477-10-2, Rule R477-11 and R477-14.
(b) The agency may decline to defend or indemnify an employee who violates this rule, according to Subsection 63-30-36(3)(c)(i) of the Utah Governmental Immunity Act.
(5) An employee shall provide the agency with a current mailing address.
(a) The employee shall notify the agency in writing of any change in address.
(b) Mail sent to the current address on record shall be deemed to be delivered for purposes of these rules.
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 [
not use his state position or any influence, power, authority or confidential
information 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) Gifts or compensation defined in the
Governor's Executive Order on Ethics dated February 14, 2007; or (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.]
(4) An employee shall declare a potential conflict of interest when 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.
A state career
service employee may voluntarily participate in political activity[
according to the provisions in this
rule or other federal laws. The
employee shall comply with the provisions of ]the federal Hatch Act, 5
U.S.C. Sec. 1501 through 1508.[ The
following rules apply to a career service employee in any salary range and
1]) Any state career service employee elected to
any partisan or full-time nonpartisan political office shall be granted a leave
of absence without pay while being monetarily compensated for service in
political office. An employee [ shall]
not [ receive] annual leave while serving in a political
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 may voluntarily contribute to any party or any
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 who
is restricted or prevented from engaging in political activity through the
provisions of the federal Hatch Act.
Agency management shall dismiss any employee whose employment is found
to be in violation of the provisions of this law by the Merit Systems
R477-9-7. Policy Exceptions.
Director, DHRM, may authorize exceptions to [
the provisions of ]this
rule, consistent with Subsection R477-2-2(1).
KEY: conflict of interest, government ethics, Hatch Act, personnel management
Date of Enactment or Last Substantive
July 1, 2007]
Notice of Continuation: June 9, 2007
Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-19
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact J.J. Acker or Tina Sweet at the above address, by phone at 801-537-9096 or 801-538-3761, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at firstname.lastname@example.org or email@example.com
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.
Last modified: 05/14/2008 3:03 PM