position to secure privileges or exemptions -- Accepting employment that would impair independence of judgment or ethical performance -- Exception. (1) Except as provided in Subsections (3) and (4), it is an offense for a public officer, public employee, or legislator to: (a) accept employment or engage in any business or professional activity that he might reasonably expect would require or induce him to improperly disclose controlled information that he has gained by reason of his official position; (b) disclose or improperly use controlled, private, or protected information acquired by reason of his official position or in the course of official duties in order to further substantially the officer's or employee's personal economic interest or to secure special privileges or exemptions for himself or others; (c) use or attempt to use his official position to: (i) further substantially the officer's or employee's personal economic interest; (ii) secure special privileges or exemptions for himself or others; or (iii) coerce another person to secure special privileges or exemptions for himself or others; (d) accept other employment that he might expect would impair his independence of judgment in the performance of his public duties; or (e) accept other employment that he might expect would interfere with the ethical performance of his public duties. (2) (a) Subsection (1) does not apply to the provision of education-related services to public school students by public education employees acting outside their regular employment. (b) The conduct referred to in Subsection (2)(a) is subject to Section 53E-3-512. (3) This section does not apply to a public officer, public employee, or legislator who engages in conduct that constitutes a violation of this section to the extent that the public officer, public employee, or legislator is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105. (4) Subsections (1)(c)(i) and (ii) do not apply to conduct relating to the construction or operation of affordable housing, as authorized by Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 27a, County Land Use, Development, and Management Act, if the benefits are provided to all qualified residents.
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