63A-15-604. Response to ethics complaint — Filing — Form.
| (1) |
The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an order issued by the commission under Subsection 63A-15-602(7). |
Terms Used In Utah Code 63A-15-604
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes :Utah Code 68-3-12.5
| (2) |
The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information:
| (a) |
the name, address, and telephone number of the respondent; |
| (b) |
for each alleged ethics violation in the complaint:
| (i) |
each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection (4); |
| (ii) |
the facts and circumstances refuting the allegation, which shall be provided by:
| (A) |
copies of official records or documentary evidence; or |
| (B) |
one or more affidavits, each of which shall comply with Subsection (4); |
|
|
| (c) |
a list of the witnesses that the respondent wishes to have called, including for each witness:
| (i) |
the name, address, and, if available, telephone number of the witness; |
| (ii) |
a brief summary of the testimony to be provided by the witness; and |
| (iii) |
a specific description of any documents or evidence the respondent desires the witness to produce; |
|
| (d) |
a statement that the respondent:
| (i) |
has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and |
| (ii) |
believes the contents of the response to be true and accurate; and |
|
| (e) |
the signature of the respondent. |
|
| (3) |
Promptly after receiving the response, the commission shall provide copies of the response to:
| (a) |
each member of the commission; and |
| (b) |
the first named complainant on the complaint. |
|
| (4) |
An affidavit described in Subsection (2)(b)(i) or (2)(b)(ii)(B) shall include the following information:
| (a) |
the name, address, and telephone number of the signer; |
| (b) |
a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit; |
| (c) |
the facts and circumstances testified to by the signer; |
| (d) |
a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and |
| (e) |
the signature of the signer. |
|
Renumbered and Amended by Chapter 461, 2018 General Session
