63A-14-102.  Definitions.
     As used in this chapter:

(1)  “Commission” means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202.

Terms Used In Utah Code 63A-14-102

  • Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Executive branch elected official: means :
(a) the governor;
(b) the lieutenant governor;
(c) the state auditor;
(d) the state treasurer; or
(e) the attorney general. See Utah Code 63A-14-102
  • Malfeasance in office: means an intentional act or omission relating to the duties of an executive branch elected official that:
    (a) constitutes a crime; or
    (b) 
    (i) constitutes a substantial breach of the trust imposed upon the executive branch elected official by the nature of the official's office; and
    (ii) is against commonly accepted standards of honesty and morality. See Utah Code 63A-14-102
  • Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
  • 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
  • (2)  “Complainant” means an individual who files a complaint under Subsection 63A-14-402(1)(a).

    (3)  “Executive branch elected official” means:

    (a)  the governor;

    (b)  the lieutenant governor;

    (c)  the state auditor;

    (d)  the state treasurer; or

    (e)  the attorney general.

    (4)  “Improper purpose” includes harassing a respondent, causing unwarranted harm to a respondent’s reputation, or causing unnecessary expenditure of public funds.

    (5)  “Malfeasance in office” means an intentional act or omission relating to the duties of an executive branch elected official that:

    (a)  constitutes a crime; or

    (b) 

    (i)  constitutes a substantial breach of the trust imposed upon the executive branch elected official by the nature of the official’s office; and

    (ii)  is against commonly accepted standards of honesty and morality.

    (6)  “Respondent” means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed.

    (7)  “Violation” means a high crime, a misdemeanor, or malfeasance in office.

    Amended by Chapter 461, 2018 General Session