Draper City Council members got a blunt reminder Tuesday, July 21: violating the city's ethics rules can mean anything from a misdemeanor charge to a second-degree felony conviction and removal from office.

City Attorney Traci Gundersen delivered the formal ethics compliance and conflicts-of-interest training during the council's study session, walking members through three layers of law that govern their conduct: the state Municipal Officers and Employees Act (Utah Code 10-3-1301 to 1313), the Utah Public Officers and Employees Act (Utah Code 67-16-1 to 16), and Draper City Municipal Code Title 19.

What's off-limits

The training spelled out four categories of prohibited conduct: self-dealing, accepting improper gifts, misusing confidential information, and participating in any transaction where an official holds a private financial interest.

On gifts, state law allows only narrow exceptions: an occasional non-cash gift worth less than $50, an award publicly presented for public service, a standard business loan, or a political campaign contribution.

Draper's own code goes further. Council members cannot bid on city property, use city vehicles or equipment for personal benefit, use city resources for campaigning, coerce employees into political contributions, or promise appointments as rewards. Officials who leave office are barred from accepting city employment for two years after their term ends.

The training also flagged a specific scenario under the heading "Magic Words": Utah Code 77-7-26 makes it a Class B misdemeanor for anyone to cancel or solicit the cancellation of a traffic citation outside the legal process. Gundersen tied that to Draper's prohibition on giving any citizen special treatment "beyond that which is available to every other citizen."

Penalties

Under state law, knowing and intentional violations carry escalating consequences based on the dollar value involved. A violation exceeding $1,000 is a second-degree felony. Between $250 and $1,000, it's a third-degree felony. Between $100 and $250, a Class A misdemeanor. At $100 or less, a Class B misdemeanor. All carry potential removal from office.

Under Draper's municipal code, knowing violations are a Class B misdemeanor and can result in removal. Courts may also void any contract or transaction tied to a violation. Filing a false ethics complaint is itself a Class B misdemeanor.

A 2024 state law update, effective Wednesday, May 1, 2024, added a new provision making it a Class A misdemeanor for anyone to induce or attempt to induce a municipal official to violate the ethics rules.

What to do with a conflict

Gundersen outlined a five-step protocol for council members who encounter a potential conflict: disclose immediately to a supervisor, the City Recorder, or the City Attorney; document the disclosure in writing; recuse from the decision; seek guidance from the City Attorney's office; and err on the side of over-disclosure.

No local ethics commission

Draper has not established a municipal ethics commission. Residents who want to file an ethics complaint can do so with the City Attorney under Title 19-3 or with the State Political Subdivisions Ethics Review Commission.

The July 21 session was not Gundersen's first legal training for the council in 2026. She delivered an Open and Public Meetings Act training during the Tuesday, April 7 study session, according to that meeting's agenda. Gundersen, who previously prosecuted real estate fraud in the Utah Attorney General's office, was hired as Draper City Attorney in early 2025.

"Maintaining that public trust is important," Gundersen said in a February 2025 interview with the Draper Journal when she was introduced as city attorney.

The training slide deck is a public document, posted to the Utah Public Notice website on Monday, July 20.

The next Draper City Council meeting is Tuesday, August 4, at 5:30 p.m. at Draper City Hall, 1020 E. Pioneer Road. Residents can reach the City Attorney's office at (801) 576-6523.