63A-15-102.  Definitions.

(1)  “Commission” means the Political Subdivisions Ethics Review Commission established in Section 63A-15-201.

Terms Used In Utah Code 63A-15-102

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County legislative body: means :Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2)  “Complainant” means a person who files a complaint in accordance with Section 63A-15-501.

(3)  “Ethics violation” means a violation of:

(a)  13;

(b)  Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or

(c)  Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act.

(4)  “Local political subdivision ethics commission” means an ethics commission established by a political subdivision within the political subdivision or with another political subdivision by interlocal agreement in accordance with Section 63A-15-103.

(5)  “Political subdivision” means a county, municipality, school district, community reinvestment agency, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, a local building authority, or any other governmental subdivision or public corporation.

(6) 

(a)  “Political subdivision employee” means a person who is:

(i) 

(A)  in a municipality, employed as a city manager or non-elected chief executive on a full or part-time basis; or

(B)  employed as the non-elected chief executive by a political subdivision other than a municipality on a full or part-time basis; and

(ii)  subject to:

(A)  13;

(B)  Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or

(C)  Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act.

(b)  “Political subdivision employee” does not include:

(i)  a person who is a political subdivision officer;

(ii)  an employee of a state entity; or

(iii)  a legislative employee as defined in Section 67-16-3.

(7)  “Political subdivision governing body” means:

(a)  for a county, the county legislative body as defined in Section 68-3-12.5;

(b)  for a municipality, the council of the city or town;

(c)  for a school district, the local board of education described in Section 53G-4-201;

(d)  for a community reinvestment agency, the agency board described in Section 17C-1-203;

(e)  for a special district, the board of trustees described in Section 17B-1-301;

(f)  for a special service district:

(i)  the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(ii)  the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;

(g)  for an entity created by an interlocal agreement, the governing body of an interlocal entity, as defined in Section 11-13-103;

(h)  for a local building authority, the governing body, as defined in Section 17D-2-102, that creates the local building authority; or

(i)  for any other governmental subdivision or public corporation, the board or other body authorized to make executive and management decisions for the subdivision or public corporation.

(8) 

(a)  “Political subdivision officer” means a person elected in a political subdivision who is subject to:

(i)  13;

(ii)  Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or

(iii)  Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act.

(b)  “Political subdivision officer” does not include:

(i)  a person elected or appointed to a state entity;

(ii)  the governor;

(iii)  the lieutenant governor;

(iv)  a member or member-elect of either house of the Legislature; or

(v)  a member of Utah’s congressional delegation.

(9)  “Respondent” means a person who files a response in accordance with Section 63A-15-604.

Amended by Chapter 16, 2023 General Session

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