Utah Code 63A-15-604. Response to ethics complaint — Filing — Form
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(1) The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an order issued by the commission under Subsection 63A-15-602(7).
Terms Used In Utah Code 63A-15-604
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information:(2)(a) the name, address, and telephone number of the respondent;(2)(b) for each alleged ethics violation in the complaint:(2)(b)(i) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection (4);(2)(b)(ii) the facts and circumstances refuting the allegation, which shall be provided by:(2)(b)(ii)(A) copies of official records or documentary evidence; or(2)(b)(ii)(B) one or more affidavits, each of which shall comply with Subsection (4);(2)(c) a list of the witnesses that the respondent wishes to have called, including for each witness:(2)(c)(i) the name, address, and, if available, telephone number of the witness;(2)(c)(ii) a brief summary of the testimony to be provided by the witness; and(2)(c)(iii) a specific description of any documents or evidence the respondent desires the witness to produce;(2)(d) a statement that the respondent:(2)(d)(i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and(2)(d)(ii) believes the contents of the response to be true and accurate; and(2)(e) the signature of the respondent.(3) Promptly after receiving the response, the commission shall provide copies of the response to:(3)(a) each member of the commission; and(3)(b) the first named complainant on the complaint.(4) An affidavit described in Subsection (2)(b)(i) or (2)(b)(ii)(B) shall include the following information:(4)(a) the name, address, and telephone number of the signer;(4)(b) a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;(4)(c) the facts and circumstances testified to by the signer;(4)(d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and(4)(e) the signature of the signer.