(1) The commission has jurisdiction only over an individual who is a political subdivision officer or employee.

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Terms Used In Utah Code 63A-15-302

  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) The commission shall dismiss an ethics complaint if:

     (2)(a) the respondent resigns or is terminated from the political subdivision; or
     (2)(b) except as provided in Subsection (3):

          (2)(b)(i) the respondent is charged with a criminal violation of:

               (2)(b)(i)(B) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
          (2)(b)(ii) the facts and allegations presented in the ethics complaint assert the same or similar facts and allegations as those asserted in the criminal charges.
(3) If an ethics complaint asserts an ethics violation in addition to a criminal violation described in Subsection (2)(b), the commission shall:

     (3)(a) dismiss an allegation described in Subsection (2)(b)(ii); and
     (3)(b) proceed with any remaining allegation in the complaint.