It is unlawful for any person holding any position the compensation for which is paid out of public funds to employ appoint or vote for the appointment of: his or her father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or cohabitant in or to any position of employment, when the salary, wages, pay or compensation of such appointee is to be paid out of any public funds and the appointee will be directly supervised by a relative or cohabitant unless:

  1. The relative was appointed or employed before the district employee assumed his or her supervisory position, if the relative=s appointment was not unlawful at the time of appointment; or
  2. The appointee is eligible or qualified to be employed by the district pursuant to state office certification if applicable, civil service laws or regulations, or merit system or regulations; or
  3. The appointee will be compensated from funds designated for vocational training; or
  4. The appointee will be employed for a period of 12 weeks or less; or
  5. The appointee is a volunteer as defined by the district; of
  6. The appointee is the only person available, qualified, or eligible for the position; or
  7. The board determines that the public officer is the only person available or is best qualified to perform supervisory functions for the appointee.


When a district employee supervises a relative under the preceding section, the employee shall make a complete written disclosure of the relationship to the board. This district employee may not evaluate the relative's job performance or recommend salary increases for the relative.


Any person violating any of the provisions of this chapter is guilty of a misdemeanor.

Utah Code Ann. § 52-3-1 Approved: October 26, 1993