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POLITICAL SUBDIVISION ETHICS COMMISSION

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AMENDMENTS

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Jack R. Draxler

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Senate Sponsor: Margaret Dayton

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8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to filing a complaint with the Political
11     Subdivisions Ethics Review Commission.
12     Highlighted Provisions:
13          This bill:
14          ▸     addresses the individual with whom a complainant may file a complaint against a
15     political subdivision officer or employee.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          11-49-501, as enacted by Laws of Utah 2012, Chapter 202
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24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 11-49-501 is amended to read:
26          11-49-501. Ethics complaints -- Who may file -- Form.
27          (1) (a) Notwithstanding any other provision, the following may file a complaint,

28     subject to the requirements of Subsections (1)(b) and (c) and Section 11-49-301, against a
29     political subdivision officer or employee:
30          (i) two or more registered voters who reside within the boundaries of a political
31     subdivision;
32          (ii) two or more registered voters who pay a fee or tax to a political subdivision; or
33          (iii) one or more registered voters who reside within the boundaries of a political
34     subdivision and one or more registered voters who pay a fee or tax to the political subdivision.
35          (b) A person described in Subsection (1)(a) may not file a complaint unless at least one
36     person described in Subsection (1)(a)(i), (ii), or (iii) has actual knowledge of the facts and
37     circumstances supporting the alleged ethics violation.
38          (c) A complainant may file a complaint only against an individual who, on the date that
39     the complaint is filed, is serving as a political subdivision officer or is a political subdivision
40     employee.
41          [(2) (a) (i) A complainant shall file a complaint with the Office of the Lieutenant
42     Governor.]
43          [(ii) The lieutenant governor shall forward the complaint to the chair of the
44     commission no later than five days after the day on which the complaint is filed.]
45          (2) (a) The lieutenant governor shall post, on the homepage of the lieutenant governor's
46     website, a conspicuous and clearly identified link to the name and address of an individual
47     authorized to accept a complaint on behalf of the commission.
48          (b) A complainant shall file a complaint with the individual described in Subsection
49     (2)(a).
50          [(b)] (c) An individual may not file a complaint during the 60 calendar days
51     immediately preceding:
52          (i) a regular primary election, if the accused political subdivision officer is a candidate
53     in the primary election; or
54          (ii) a regular general election in which an accused political subdivision officer is a
55     candidate, unless the accused political subdivision officer is unopposed in the election.
56          (3) A complainant shall ensure that each complaint filed under this section is in writing
57     and contains the following information:
58          (a) the name and position of the political subdivision officer or employee alleged to be

59     in violation;
60          (b) the name, address, and telephone number of each individual who is filing the
61     complaint;
62          (c) a description of each alleged ethics violation, as applicable of:
63          (i) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
64          (ii) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
65          (iii) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
66          (d) include for each alleged ethics violation:
67          (i) a reference to the section of the code alleged to have been violated;
68          (ii) the name of the complainant who has actual knowledge of the facts and
69     circumstances supporting each allegation; and
70          (iii) with reasonable specificity, the facts and circumstances supporting each allegation,
71     which shall be provided by:
72          (A) copies of official records or documentary evidence; or
73          (B) one or more affidavits that include the information required in Subsection (4);
74          (e) a list of the witnesses that a complainant wishes to have called, including for each
75     witness:
76          (i) the name, address, and, if available, one or more telephone numbers of the witness;
77          (ii) a brief summary of the testimony to be provided by the witness; and
78          (iii) a specific description of any documents or evidence a complainant desires the
79     witness to produce;
80          (f) a statement that each complainant:
81          (i) has reviewed the allegations contained in the complaint and the sworn statements
82     and documents attached to the complaint;
83          (ii) believes that the complaint is submitted in good faith and not for any improper
84     purpose such as for the purpose of harassing the respondent, causing unwarranted harm to the
85     respondent's reputation, or causing unnecessary expenditure of public funds; and
86          (iii) believes the allegations contained in the complaint to be true and accurate; and
87          (g) the signature of each complainant.
88          (4) An affidavit described in Subsection (3)(d)(iii)(B) shall include:
89          (a) the name, address, and telephone number of the signer;

90          (b) a statement that the signer has actual knowledge of the facts and circumstances
91     alleged in the affidavit;
92          (c) the facts and circumstances testified by the signer;
93          (d) a statement that the affidavit is believed to be true and correct and that false
94     statements are subject to penalties of perjury; and
95          (e) the signature of the signer.






Legislative Review Note
Office of Legislative Research and General Counsel