Utah Code 10-3-1311. Municipal ethics commission — Complaints charging violations
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(1) A municipality may establish by ordinance an ethics commission to review a complaint against an officer or a municipal employee subject to this part for a violation of a provision of this part.
Terms Used In Utah Code 10-3-1311
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104 - Officer: means an appointed officer or an elected officer. See Utah Code 10-3-1303
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
(2)
(2)(a) A person filing a complaint for a violation of this part shall file the complaint:
(2)(a)(i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or
(2)(a)(ii) with the Political Subdivisions Ethics Review Commission in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the municipality has not established a municipal ethics commission.
(2)(b) A municipality that receives a complaint described in Subsection (2)(a) may:
(2)(b)(i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or
(2)(b)(ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201 :
(2)(b)(ii)(A) regardless of whether the municipality has established a municipal ethics commission; or
(2)(b)(ii)(B) if the municipality has not established a municipal ethics commission.
(3) If the alleged ethics complaint is against a person who is a member of the municipal ethics commission, the complaint shall be filed with or forwarded to the Political Subdivisions Ethics Review Commission.