Personal Use of Public Property - UASD Template
The UASD Personal Use of Public Property template has been prepared by UASD General Counsel, Mark Anderson, in response to HB 163 passed during the 2019 General Legislative Session. HB 163 goes into effect on July 1, 2019. The template is available in WORD and pdf formats.
In order to protect board members, employees, and contractors, we recommend that a global policy, such as the one proposed in this template, be adopted by each district board, if a global policy has not already been adopted by your district, to address the expansive application of HB 163. After adopting the policy, adjustments can be made to address specific desires of each district.
The bill provides that a public entity may adopt a written policy that authorizes a public servant to use or possess public property for personal use in addition to its primary purpose of fulfilling the public servant’s duties, if the public purpose substantially outweighs the personal benefit received by the employee from the incidental personal use of the public property.