63A-15-701. Commission review of ethics violation.
| (1) |
The scope of a review by the commission is limited to an alleged ethics violation stated in a complaint that has not been previously dismissed under Section 63A-15-602. |
Terms Used In Utah Code 63A-15-701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (2) |
| (a) |
Before holding the meeting for review of the complaint, the commission chair may schedule a separate meeting of the commission for the purposes of:
| (i) |
hearing motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures; |
| (ii) |
holding a vote of the commission, with or without the attendance of the parties, on procedural or commission business matters relating to a complaint; or |
| (iii) |
reviewing a complaint, with or without the attendance of the parties, to determine if the complaint should be dismissed in whole or in part, by means of a majority vote of the commission, because the complaint pleads facts or circumstances against a political subdivision officer or employee that have already been reviewed by, as provided in Section 63A-15-301, the commission, a municipal ethics commission established in accordance with Section 10-3-1311, a county ethics commission established in accordance with Section 17-16a-11, or a local political subdivision ethics commission established in accordance with Section 63A-15-103. |
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| (b) |
Notwithstanding Section 63A-15-603, the commission may, by a majority vote, change the date of the meeting for review of the complaint in order to accommodate:
| (i) |
a meeting authorized under Subsection (2)(a); or |
| (ii) |
necessary scheduling requirements. |
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| (3) |
| (a) |
The commission shall comply with the Utah Rules of Evidence except where the commission determines, by majority vote, that a rule is not compatible with the requirements of this chapter. |
| (b) |
The chair shall make rulings on admissibility of evidence consistent with the provisions of Section 63A-15-402. |
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| (4) |
| (a) |
A meeting or hearing authorized in this part is open to the public except as provided in Section 52-4-204. |
| (b) |
The following individuals may be present during the presentation of testimony and evidence to the commission:
| (ii) |
the complainant’s counsel, if applicable; |
| (iv) |
the respondent’s counsel, if applicable; |
| (v) |
members of the commission; |
| (vi) |
staff to the commission; |
| (vii) |
a witness, while testifying before the commission; and |
| (viii) |
necessary security personnel. |
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| (c) |
The commission may, in accordance with Section 52-4-204, close a meeting to:
| (i) |
seek or obtain legal advice on legal, evidentiary, or procedural matters; or |
| (ii) |
conduct deliberations to reach a decision on the complaint. |
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| (5) |
If a majority of the commission determines that a continuance is necessary to obtain further evidence and testimony, to accommodate administrative needs, or to accommodate the attendance of commission members, witnesses, or a party, the commission shall:
| (a) |
adjourn and continue the meeting to a future date and time after notice to the parties; and |
| (b) |
establish that future date and time by majority vote. |
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| (6) |
A record, as defined in Section 63G-2-103, created by the commission under this part, reviewed by the commission under this part, or received by the commission under this part, is a public record, as defined in Section 63G-2-103. |
Renumbered and Amended by Chapter 461, 2018 General Session
