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8 LONG TITLE
9 General Description:
10 This bill addresses the process for an ethics complaint regarding a local school board
11 member.
12 Highlighted Provisions:
13 This bill:
14 ▸ clarifies the process for an ethics complaint regarding a local school board member;
15 ▸ prohibits a school district from establishing a local political subdivision ethics
16 commission;
17 ▸ requires that an ethics complaint against a local school board member be reviewed
18 by the Political Subdivisions Ethics Review Commission; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 63A-15-103, as renumbered and amended by Laws of Utah 2018, Chapter 461
27 ENACTS:
28 53G-4-206, Utah Code Annotated 1953
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53G-4-206 is enacted to read:
32 53G-4-206. Ethics complaint -- Political Subdivisions Ethics Review Commission.
33 A person may file a complaint for an alleged violation of Title 67, Chapter 16, Utah
34 Public Officers, and Employees, Ethics Act, by a member of a local school board in accordance
35 with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission.
36 Section 2. Section 63A-15-103 is amended to read:
37 63A-15-103. Local ethics commission permitted -- Filing requirements.
38 (1) A political subdivision, other than a municipality described in Section 10-3-1311,
39 [
40 subdivision ethics commission within the political subdivision to review a complaint against a
41 political subdivision officer or employee subject to Title 67, Chapter 16, Utah Public Officers'
42 and Employees' Ethics Act.
43 (2) A political subdivision other than a school district may enter into an interlocal
44 agreement with another political subdivision, in accordance with Title 11, Chapter 13,
45 Interlocal Cooperation Act, to establish a local political subdivision ethics commission to
46 review a complaint against a political subdivision officer or employee subject to Title 67,
47 Chapter 16, Utah Public Officers' and Employees' Ethics Act.
48 (3) (a) A person filing a complaint for an ethics violation of Title 67, Chapter 16, Utah
49 Public Officers' and Employees' Ethics Act, shall file the complaint with:
50 (i) a local political subdivision ethics commission, if the political subdivision has
51 established a local political subdivision ethics commission under Subsection (1) or (2); or
52 (ii) the commission if the political subdivision has not established a local political
53 subdivision ethics commission or is a school district.
54 (b) A political subdivision that receives a complaint described in Subsection (3)(a)
55 may:
56 (i) accept the complaint if the political subdivision has established a local political
57 subdivision ethics commission in accordance with Subsection (1) or (2); or
58 (ii) forward the complaint to the commission:
59 (A) regardless of whether the political subdivision has established a local political
60 subdivision ethics commission; [
61 (B) if the political subdivision has not established a local political subdivision ethics
62 commission[
63 (C) if the complaint is regarding a member of a local school board as defined in
64 Section 53E-1-102.