This document includes House Committee Amendments incorporated into the bill on Mon, Mar 9, 2015 at 3:20 PM by lerror.
1     
JOINT RULES RESOLUTION ON INDEPENDENT

2     
LEGISLATIVE ETHICS COMMISSION HIRING

3     
MODIFICATIONS

4     
2015 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Lyle W. Hillyard

7     
House Sponsor: Stephen G. Handy

8     

9     LONG TITLE
10     General Description:
11          This rules resolution modifies procedures related to the filing and review of complaints
12     filed with the Independent Legislative Ethics Commission and the commission's
13     procedural requirements.
14     Highlighted Provisions:
15          This resolution:
16          ▸     updates cross references;
17          ▸     permits, in limited circumstances, the hiring of an individual to assist the
18     Independent Legislative Ethics Commission in reviewing and processing
19     confidential ethics complaints;
20          ▸     permits an ethics complaint to be filed within 60 days of an election if the complaint
21     is due to a conviction, guilty plea, plea of no contest, or plea in abeyance of a crime
22     of moral turpitude;
23          ▸     clarifies that a required dismissal for disclosure of an ethics complaint is for
24     disclosure of the name of a party to the complaint, not merely the existence of the
25     complaint;
26          ▸     removes the requirement for the commission to notify the Senate and House Ethics
27     Committee chairs of the existence of a complaint;

28          ▸     provides that the commission shall notify the president of the Senate or speaker of
29     the House of Representatives of the parties to and the nature of the allegations of
30     each complaint, not merely the existence of a complaint; and
31          ▸     adds language to emphasize that individuals informed about an ethics complaint
32     during the confidential review period are required to keep the confidentiality of the
33     complaint until the commission makes a recommendation on the complaint.
34     Special Clauses:
35          None
36     Legislative Rules Affected:
37     AMENDS:
38          JR6-1-201
39          JR6-2-104
40          JR6-3-101
41          JR6-3-102
42          JR6-4-101
43     

44     Be it resolved by the Legislature of the state of Utah:
45          Section 1. JR6-1-201 is amended to read:
46          JR6-1-201. Declaring and recording conflicts of interest -- Financial disclosure
47     form.
48          (1) As used in this section, "conflict of interest" [is as] means the same as that term is
49     defined in Utah Code Section [20A-11-1603] 20A-11-1602.
50          (2) A legislator shall file a financial disclosure form in compliance with Utah Code
51     Section 20A-11-1603 and according to the requirements of this section:
52          (a) on the first day of each general session of the Legislature; and
53          (b) each time the legislator changes employment.
54          (3) The financial disclosure form shall include the disclosures required by Utah Code
55     [Section 20A-11-1603] Title 20A, Chapter 11, Part 16, Financial Disclosures.
56          (4) (a) The financial disclosure form shall be filed with:
57          (i) the secretary of the Senate, for a legislator that is a senator; or
58          (ii) the chief clerk of the House of Representatives, for a legislator that is a

59     representative.
60          (b) The secretary of the Senate and the chief clerk of the House of Representatives
61     shall ensure that:
62          (i) blank financial disclosure forms are made available on the Internet and at the offices
63     of the Senate and the House of Representatives; and
64          (ii) financial disclosure forms filed under this rule are made available to the public on
65     the Internet and at the offices of the Senate or the House of Representatives.
66          (5) (a) Before or during any vote on legislation or any legislative matter in which a
67     legislator has actual knowledge that the legislator has a conflict of interest which is not stated
68     on the financial disclosure form, that legislator shall orally declare to the committee or body
69     before which the matter is pending:
70          (i) that the legislator may have a conflict of interest; and
71          (ii) what that conflict is.
72          (b) The secretary of the Senate or the chief clerk of the House of Representatives shall:
73          (i) direct committee secretaries to note the declaration of conflict of interest in the
74     minutes of any committee meeting; and
75          (ii) ensure that each declaration of conflict declared on the floor is noted in the Senate
76     Journal or House Journal.
77          (6) This requirement of disclosure of any conflict of interest does not prohibit a
78     legislator from voting on any legislation or legislative matter.
79          Section 2. JR6-2-104 is amended to read:
80          JR6-2-104. Independent Legislative Ethics Commission -- Meetings -- Staff.
81          (1) The Independent Legislative Ethics Commission shall meet for the purpose of
82     reviewing an ethics complaint when:
83          (a) except otherwise expressly provided in this title, called to meet at the discretion of
84     the chair; or
85          (b) called to meet by a majority vote of the commission.
86          (2) A majority of the commission is a quorum.
87          (3) (a) The commission shall prepare, on an annual basis, a summary data report that
88     contains:
89          (i) a general description of the activities of the commission during the past year;

90          (ii) the number of ethics complaints filed with the commission;
91          (iii) the number of ethics complaints reviewed by the commission;
92          (iv) the number of complaints filed against a member of the House of Representatives;
93          (v) the number of complaints filed against a member of the Senate;
94          (vi) a summary description of any ethics complaints that were recommended by the
95     commission for review by a Legislative ethics committee; and
96          (vii) an accounting of the commission's budget and expenditures.
97          (b) The summary data report shall be submitted to an appropriate committee of the
98     Legislature on an annual basis.
99          (c) The summary data report shall be a public record.
100          (4) [(a)] The Senate and the House of Representatives shall employ staff for the
101     commission at a level that is reasonable to assist the commission in performing its duties as
102     established in this chapter.
103          [(b)] (5) (a) The Legislative Management Committee shall:
104          (i) authorize each staff position for the commission; and
105          (ii) approve the employment of each staff member for the commission.
106          (b) Notwithstanding Subsection (5)(a), the commission may hire an individual without
107     authorization from the Legislative Management Committee if:
108          (i) the individual is hired by a majority vote of the commission, which authorization, in
109     order to preserve the confidentiality of the complaint, shall be discussed and voted upon in a
110     closed meeting of the commission;
111          (ii) the individual is hired for the purpose of assisting the commission with organizing,
112     reviewing, and marshaling facts and evidence raised in connection with a complaint filed with
113     the commission;
114          (iii) the individual is hired on a temporary, contractual basis; and
115          (iv) the total amount payable under the contract for services does not exceed $5,000.
116          (c) A contract issued under Subsection (5)(b) is a private record as provided in Utah
117     Code Section 63G-2-302.
118          [(c)] (6) Staff for the commission shall work only for the commission and may not
119     perform services for the Senate, House of Representatives, or other legislative offices.
120          Section 3. JR6-3-101 is amended to read:

121          JR6-3-101. Ethics complaints -- Filing -- Form.
122          (1) (a) The following individuals, who shall be referred to as the complainants, may
123     file a complaint against an individual legislator if the complaint meets the requirements of
124     JR6-2-201 and Subsection (1)(b):
125          (i) two or more members of the House of Representatives, for a complaint against a
126     representative, provided that the complaint contains evidence or sworn testimony that:
127          (A) sets forth facts and circumstances supporting the alleged violation; and
128          (B) is evidence or sworn testimony of the type that would generally be admissible
129     under the Utah Rules of Evidence;
130          (ii) two or more members of the Senate, for a complaint against a senator, provided
131     that the complaint contains evidence or sworn testimony that:
132          (A) sets forth facts and circumstances supporting the alleged violation; and
133          (B) is evidence or sworn testimony of the type that would generally be admissible
134     under the Utah Rules of Evidence; or
135          (iii) two or more registered voters currently residing within Utah, if, for each alleged
136     violation pled in the complaint, at least one of those registered voters has actual knowledge of
137     the facts and circumstances supporting the alleged violation.
138          (b) A complainant may file a complaint only against an individual who is serving as a
139     member of the Legislature on the date that the complaint is filed.
140          (2) (a) Complainants shall file a complaint with the chair of the Independent
141     Legislative Ethics Commission.
142          (b) [An] Except as provided in Subsection (2)(c), an individual may not file a
143     complaint during the 60 calendar days immediately preceding:
144          (i) a regular primary election, if the accused legislator is a candidate in the primary
145     election; or
146          (ii) a regular general election in which the accused legislator is a candidate, unless the
147     accused legislator is unopposed in the election.
148          (c) Notwithstanding Subsection (2)(b), an individual may file a complaint within the
149     time frame provided in that subsection if:
150          (i) the complaint includes evidence that the subject of the complaint has been convicted
151     of, plead guilty to, entered a plea of no contest to, or entered a plea in abeyance to a crime of

152     moral turpitude; and
153          (ii) the crime of moral turpitude is one of the allegations contained in the complaint.
154          (3) The complainants shall ensure that each complaint filed under this rule is in writing
155     and contains the following information:
156          (a) the name and position or title of the legislator alleged to be in violation, who shall
157     be referred to as the respondent;
158          (b) the name, address, and telephone number of each individual who is filing the
159     complaint;
160          (c) a description of each alleged violation, including for each alleged violation:
161          (i) a reference to:
162          (A) the section of the code of conduct alleged to have been violated; or
163          (B) the criminal provision violated and the docket number of the case involving the
164     legislator;
165          (ii) the name of the complainant or complainants who have actual knowledge of the
166     facts and circumstances supporting each allegation;
167          (iii) the facts and circumstances supporting each allegation, which shall be provided
168     by:
169          (A) copies of official records or documentary evidence; or
170          (B) one or more affidavits, each of which shall comply with the following format:
171          (I) the name, address, and telephone number of the signer;
172          (II) a statement that the signer has actual knowledge of the facts and circumstances
173     alleged in the affidavit;
174          (III) the facts and circumstances testified to by the signer;
175          (IV) a statement that the affidavit is believed to be true and correct and that false
176     statements are subject to penalties of perjury; and
177          (V) the signature of the signer;
178          (d) a list of the witnesses that the complainants wish to have called, including for each
179     witness:
180          (i) the name, address, and, if available, one or more telephone numbers of the witness;
181          (ii) a brief summary of the testimony to be provided by the witness; and
182          (iii) a specific description of any documents or evidence complainants desire the

183     witness to produce;
184          (e) a statement that each complainant:
185          (i) has reviewed the allegations contained in the complaint and the sworn statements
186     and documents attached to the complaint;
187          (ii) believes that the complaint is submitted in good faith and not for any improper
188     purpose such as for the purpose of harassing the respondent, causing unwarranted harm to the
189     respondent's reputation, or causing unnecessary expenditure of public funds; and
190          (iii) believes the allegations contained in the complaint to be true and accurate; and
191          (f) the signature of each complainant.
192          Section 4. JR6-3-102 is amended to read:
193          JR6-3-102. Privacy of ethics complaints -- Contempt -- Enforcement of finding of
194     contempt -- Dismissal.
195          (1) (a) Except as provided in Subsection (1)(b) or (c), a person, including the
196     complainants, the respondent, commission members, a committee chair or vice chair, or staff to
197     the commission or a committee, may not disclose the existence of a complaint, a response, nor
198     any information concerning any alleged violation that is the subject of a complaint.
199          (b) The restrictions in Subsection (1)(a) do not apply to:
200          (i) a complaint or response that is publicly released by the commission and referred to
201     an ethics committee for review under the procedures and requirements of JR6-4-204, and the
202     allegations contained in the publicly released complaint or response; or
203          (ii) the respondent's voluntary disclosure of a finding by the commission that no
204     allegations in a complaint were proved, after that finding is issued by the commission under the
205     procedures and requirements of JR6-4-204.
206          (c) Nothing in this rule prevents a person from disclosing facts or allegations about
207     potential criminal violations to law enforcement authorities.
208          (2) A person who violates the provisions of Subsection (1)(a) is in contempt of the
209     Legislature and proceedings may be initiated to enforce the finding of contempt using the
210     procedures provided in JR6-2-304 and Utah Code Section 36-14-5.
211          (3) [If the existence of] Except as provided in JR6-4-101(3), if the identity of the
212     legislator who is the subject of an ethics complaint or the identity of the filer of an ethics
213     complaint is publicly disclosed during the period that the Independent Legislative Ethics

214     Commission is reviewing the complaint, the complaint shall be summarily dismissed without
215     prejudice.
216          Section 5. JR6-4-101 is amended to read:
217          JR6-4-101. Review of ethics complaint for compliance with form requirements --
218     Independent requirements for complaint -- Notice.
219          (1) Within five business days after receipt of a complaint, the staff of the Independent
220     Legislative Ethics Commission, in consultation with the chair of the commission, shall
221     examine the complaint to determine if it is in compliance with JR6-2-201 or JR6-3-101.
222          (2) (a) If the chair determines that the complaint does not comply with JR6-2-201 or
223     JR6-3-101, the chair shall:
224          (i) return the complaint to the first complainant named on the complaint with:
225          (A) a statement detailing the reason for the non-compliance; and
226          (B) a copy of the applicable legislative rules; and
227          (ii) notify the president of the Senate and the chair and vice-chair of the Senate Ethics
228     Committee, if the legislator named in the complaint is a senator, or the speaker of the House of
229     Representatives and the chair and vice-chair of the House Ethics Committee, if the legislator
230     named in the complaint is a representative, that:
231          (A) a complaint was filed against a member of the Senate or House, respectively, but
232     was returned for non-compliance with legislative rule; and
233          (B) the fact that a complaint was filed and returned shall be kept confidential until the
234     commission submits its annual summary data report as required by JR6-2-104.
235          (b) If a complaint is returned for non-compliance with the requirements of this title, the
236     complainants may file another complaint if the new complaint independently meets the
237     requirements of JR6-3-101, including any requirements for timely filing.
238          (3) If the chair determines that the complaint complies with the requirements of this
239     rule, the chair shall:
240          (a) accept the complaint;
241          (b) notify the president of the Senate Ĥ→ [
[] and the chair and vice-chair of the
241a      Senate Ethics
242     Committee [
]] ←Ĥ , if the legislator named in the complaint is a senator, or the speaker of the
242a     House
243     of Representatives Ĥ→ [
[] and the chair and vice-chair of the House Ethics Committee []] ←Ĥ ,
243a     if the
244     legislator named in the complaint is a representative[, that]:
245          (i) that a complaint has been filed against [an unidentified] a member of the Senate or
246     House, respectively;
247          (ii) of the identity of the legislator who is the subject of the complaint and the identity
248     of the person or persons filing the complaint;
249          (iii) of the nature of the allegations contained in the complaint; and
250          [(ii) the identity of the legislator and the allegations raised in the complaint are
251     confidential pending the commission's review of the complaint; and]
252          [(iii)] (iv) that the fact that a complaint was filed, the nature of the allegations raised in
253     the complaint, and the identity of the legislator and the complainants shall be kept confidential
254     until the commission publicly discloses the existence of the complaint via:
255          (A) a recommendation that an allegation in the complaint be heard by a legislative
256     ethics committee; or
257          (B) submission of the commission's annual summary data report as required by
258     JR6-2-104;
259          (c) notify each member of the Independent Legislative Ethics Commission that the
260     complaint has been filed and accepted and that the existence of and contents of the complaint
261     and the identities of the parties shall be kept confidential; and
262          (d) promptly forward the complaint to the legislator who is the subject of the ethics
263     complaint via personal delivery or a delivery method that provides verification of receipt,
264     together with:
265          (i) notice that the existence of and contents of the complaint, and the identities of the
266     parties, are confidential and should not be publicly disclosed;
267          (ii) a copy of the applicable legislative rules; and
268          (iii) notice of the legislator's deadline for filing a response to the complaint.







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