Joint Rules Title: JR6 Chapter: 4



            JR6-4-204.   Recommendations of commission.

            (1) If the commission determines that no allegations in the complaint were proved, the commission shall:

            (a) issue and enter into the record an order that the complaint is dismissed because no allegations in the complaint were found to have been proved;

            (b) classify all recordings, testimony, evidence, orders, findings, and other records directly relating to the meetings authorized by this part as private records under Section 63G-2-302;

            (c) provide notice of the determination, in a manner determined by a majority vote of the commission, to:

            (i) the respondent; and

            (ii) the first complainant named on the complaint; and

            (d) provide notice to each person named in Subsection (1)(c) that, under the provisions of JR6-3-102 and other provisions of this title, a person who discloses the findings of the commission in violation of any provision of this chapter is in contempt of the Legislature and is subject to penalties for contempt.

            (2) If the commission determines that one or more of the allegations in the complaint were proved, the commission shall:

            (a) if one or more allegations were not found to have been proven, enter into the record an order dismissing those unproven allegations;

            (b) prepare a written recommendation to the Senate Ethics Committee, if the respondent is a senator, or to the House Ethics Committee, if the respondent is a representative, that:

            (i) lists the name of each complainant;

            (ii) lists the name of the respondent;

            (iii) states the date of the recommendation;

            (iv) for each allegation that was found to be proven:

            (A) provides a reference to the code of conduct or criminal provision allegedly violated;

            (B) states the number and names of commission members voting that the allegation was proved and the number and names of commission members voting that the allegation was not proved;

            (C) at the option of those members voting that the allegation was proved, includes a statement by one or all of those members stating the reasons for voting that the allegation was proved, provided that the statement does not cite specific evidence, specific testimony, or specific witnesses; and

            (D) at the option of those members voting that the allegation was not proved, includes a statement by one or all of those members stating the reasons for voting that the allegation was not proved, provided that the statement does not cite specific evidence, specific testimony, or specific witnesses;

            (v) contains any general statement that is adopted for inclusion in the recommendation by a majority of the members of the commission;

            (vi) contains a statement referring the allegations found to have been proved to the appropriate ethics committee for review;

            (vii) states the name of each member of the commission; and

            (viii) is signed by each commission member;

            (c) direct staff to publicly release the recommendation, the complaint, and the response, subject to the redaction of any allegations that were dismissed by the commission; and

            (d) classify all other recordings, testimony, evidence, orders, findings, and other records directly relating to the meetings and hearings authorized by this part as private records under Section 63G-2-302.

            (3) The commission shall ensure that a copy of the recommendation is made publicly available and promptly provided to:

            (a) the respondent, together with notice that the respondent may amend the respondent's witness list as provided in JR6-4-301;

            (b) the first complainant named on the complaint, together with notice that the complainants may amend their witness list as provided in JR6-4-301; and

            (c) the chair and vice chair of the Senate Ethics Committee, if the respondent is a senator, or the chair and vice chair of the House Ethics Committee, if the respondent is a representative.

            (4) The commission shall ensure that, within five business days of the date of issuance of the recommendation:

            (a) the complaint and the response are redacted to remove references to those allegations found not to have been proven by the commission, if one or more allegations were found not to have been proven; and

            (b) the following documents are made publicly available and are provided to the chair and vice chair of the Senate Ethics Committee, if the respondent is a senator, or the chair and vice chair of the House Ethics Committee, if the respondent is a representative:

            (i) a cover letter referring the allegations contained in the edited complaint to the ethics committee for the committee's review;

            (ii) a copy of the edited complaint;

            (iii) a copy of the edited response; and

            (iv) a copy of the recommendation.