10-3-1311.  Municipal ethics commission — Complaints charging violations.

(1)  A municipality may establish by ordinance an ethics commission to review a complaint against an officer or employee subject to this part for a violation of a provision of this part.

Terms Used In Utah Code 10-3-1311

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
    • (2) 

    (a)  A person filing a complaint for a violation of this part shall file the complaint:

    (i)  with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or

    (ii)  with the Political Subdivisions Ethics Review Commission in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the municipality has not established a municipal ethics commission.

    (b)  A municipality that receives a complaint described in Subsection (2)(a) may:

    (i)  accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or

    (ii)  forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201:

    (A)  regardless of whether the municipality has established a municipal ethics commission; or

    (B)  if the municipality has not established a municipal ethics commission.

    (3)  If the alleged ethics complaint is against a person who is a member of the municipal ethics commission, the complaint shall be filed with or forwarded to the Political Subdivisions Ethics Review Commission.

    Amended by Chapter 461, 2018 General Session

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