No. 30052: R477-9. Employee Conduct

DAR File No.: 30052
Filed: 06/09/2007, 11:05
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 67, Chapter 16, Utah Ethics Act, requires employees to notify management of potential conflicts in interest with employment with the State. Section 67-19-19 governs political activity of certain classes of state employees. The Department of Human Resource Management (DHRM) implements these requirements for the executive branch of state government via rulemaking authority granted by Section 67-19-6 which contains a general grant of rulemaking authority to DHRM to govern the human resource management system.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2001, DHRM proposed to delete a section that prohibited employees from having weapons in their possession while at work. A rules hearing was scheduled to take public comment on this issue. A total of 185 written comments were received concerning this proposal with 174 in support and 11 opposed; 18 comments came from state employees. At the hearing, 21 comments were received. Fourteen supported removing the section of the rule while seven were opposed; five of these people identified themselves as state employees. Most of the comments supporting removal of the section pointed out that DHRM did not have a clear enough legal mandate to have such a requirement. After consultation with the Governor's Office and the Attorney General, DHRM agreed and proceeded with the removal of the section.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule contains important provisions governing general employee behavior on the job including conflicts of interest and the acceptable use of state resources. It also deals with provisions in the law governing employee behavior off the job such as political activity and second jobs. Therefore, this rule should be continued.

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

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director