63A-14-403. Privacy of ethics complaint — Dismissal — Contempt.
| (1) |
Terms Used In Utah Code 63A-14-403- Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
- Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Person: means :Utah Code 68-3-12.5
- 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
- Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
| (a) |
Except as provided in Subsection (2) or (4), a person, including the complainant, the respondent, a commission member, or staff to the commission may not disclose the existence of a complaint, a response, or any information concerning an alleged violation that is the subject of a complaint. |
| (b) |
A person that violates this Subsection (1) may be held in contempt of the commission in accordance with Section 63A-14-705. |
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| (2) |
The restrictions described in Subsection (1) do not apply to:
| (a) |
a complaint or response that is publicly released by the commission and referred to the Legislature; |
| (b) |
the respondent’s voluntary disclosure that the commission determined that all allegations in a complaint are without merit, after the commission issues an order dismissing the complaint under Section 63A-14-605; |
| (c) |
a disclosure by a respondent that is made solely for the purpose of, and only to the extent necessary for, retaining counsel or conducting an interview, seeking evidence, or taking other action to prepare to defend against a complaint; |
| (d) |
a communication between a commission member and the commission’s attorney or a member of the commission’s staff; or |
| (e) |
a disclosure to a person that is determined necessary, by a majority vote of the commission, to conduct the duties of the commission. |
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| (3) |
When a person makes a disclosure under Subsection (2)(c) or (e), the person making the disclosure shall inform the person to whom the disclosure is made of the nondisclosure requirements described in this section. |
| (4) |
Nothing in this section prevents a person from disclosing facts or allegations regarding potential criminal violations to law enforcement authorities. |
| (5) |
If the existence of an ethics complaint is publicly disclosed by a person, other than the respondent, an agent of the respondent, or a person who learns of the complaint under Subsection (2)(c) or (e), during the period that the commission is reviewing the complaint, the commission shall summarily dismiss the complaint without prejudice. |
Amended by Chapter 461, 2018 General Session
