63A-15-201. Commission established — Membership.
| (1) |
There is established a Political Subdivisions Ethics Review Commission. |
Terms Used In Utah Code 63A-15-201
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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) |
The commission is composed of seven individuals, each of whom is registered to vote in this state and appointed by the governor with the advice and consent of the Senate, as follows:
| (a) |
one member who has served, but no longer serves, as a judge of a court of record in this state; |
| (b) |
one member who has served as a mayor or municipal council member no more recently than four years before the date of appointment; |
| (c) |
one member who has served as a member of a local board of education no more recently than four years before the date of appointment; |
| (d) |
two members who are lay persons; and |
| (e) |
two members, each of whom is one of the following:
| (i) |
a municipal mayor no more recently than four years before the date of appointment; |
| (ii) |
a municipal council member no more recently than four years before the date of appointment; |
| (iii) |
a county mayor no more recently than four years before the date of appointment; |
| (iv) |
a county commissioner no more recently than four years before the date of appointment; |
| (v) |
a special service district administrative control board member no more recently than four years before the date of appointment; |
| (vi) |
a special district board of trustees member no more recently than four years before the date of appointment; or |
| (vii) |
a judge who has served, but no longer serves, as a judge of a court of record in this state. |
|
|
| (3) |
| (a) |
A member of the commission may not, during the member’s term of office on the commission, act or serve as:
| (i) |
a political subdivision officer; |
| (ii) |
a political subdivision employee; |
| (iii) |
an agency head as defined in Section 67-16-3; |
| (iv) |
a lobbyist as defined in Section 36-11-102; or |
| (v) |
a principal as defined in Section 36-11-102. |
|
| (b) |
In addition to the seven members described in Subsection (2), the governor shall, with the advice and consent of the Senate, appoint one individual as an alternate member of the commission who:
| (ii) |
shall be registered to vote in the state; and |
| (iii) |
complies with the requirements described in Subsection (3)(a). |
|
| (c) |
The alternate member described in Subsection (3)(b):
| (i) |
shall serve as a member of the commission in the place of one of the seven members described in Subsection (2) if that member is temporarily unable or unavailable to participate in a commission function or is disqualified under Section 63A-15-303; and |
| (ii) |
may not cast a vote on the commission unless the alternate member is serving in the capacity described in Subsection (3)(c)(i). |
|
|
| (4) |
| (a) |
| (i) |
Except as provided in Subsection (4)(a)(ii), each member of the commission shall serve a four-year term. |
| (ii) |
When appointing the initial members upon formation of the commission, a member described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that approximately half of the commission is appointed every two years. |
|
| (b) |
| (i) |
When a vacancy occurs in the commission’s membership for any reason, a replacement member shall be appointed for the unexpired term of the vacating member using the procedures and requirements of Subsection (2). |
| (ii) |
For the purposes of this section, an appointment for an unexpired term of a vacating member is not considered a full term. |
|
| (c) |
A member may not be appointed to serve for more than two full terms, whether those terms are two or four years. |
| (d) |
A member of the commission may resign from the commission by giving one month‘s written notice of the resignation to the governor. |
| (e) |
The governor shall remove a member from the commission if the member:
| (i) |
is convicted of, or enters a plea of guilty to, a crime involving moral turpitude; |
| (ii) |
enters a plea of no contest or a plea in abeyance to a crime involving moral turpitude; or |
| (iii) |
fails to meet the qualifications of office as provided in this section. |
|
| (f) |
| (i) |
If a commission member is accused of wrongdoing in a complaint, or if a commission member has a conflict of interest in relation to a matter before the commission:
| (A) |
the alternate member described in Subsection (3)(b) shall serve in the member’s place for the purposes of reviewing the complaint; or |
| (B) |
if the alternate member has already taken the place of another commission member or is otherwise not available, the commission shall appoint another individual to temporarily serve in the member’s place for the purposes of reviewing the complaint. |
|
| (ii) |
An individual appointed by the commission under Subsection (4)(f)(i)(B):
| (A) |
is not required to be confirmed by the Senate; |
| (C) |
shall be registered to vote in the state; and |
| (D) |
shall comply with Subsection (3)(a). |
|
|
|
| (5) |
| (a) |
Except as provided in Subsection (5)(b)(i), a member of the commission may not receive compensation or benefits for the member’s service. |
| (b) |
| (i) |
A member may receive per diem and expenses incurred in the performance of the member’s official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107. |
| (ii) |
A member may decline to receive per diem and expenses for the member’s service. |
|
|
| (6) |
The commission members shall, by a majority vote, elect a commission chair from among the commission members. |
Amended by Chapter 16, 2023 General Session
