Section 1311 - Municipal ethics commission -- Complaints charging violations.

UT Code § 10-3-1311 (2019) (N/A)
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(1) A municipality may establish by ordinance an ethics commission to review a complaint against an officer or employee subject to this part for a violation of a provision of this part.

(2) (a) A person filing a complaint for a violation of this part shall file the complaint: (i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or (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. (b) A municipality that receives a complaint described in Subsection (2)(a) may: (i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or (ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201: (A) regardless of whether the municipality has established a municipal ethics commission; or (B) if the municipality has not established a municipal ethics commission.

(a) A person filing a complaint for a violation of this part shall file the complaint: (i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or (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.

(i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or

(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.

(b) A municipality that receives a complaint described in Subsection (2)(a) may: (i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or (ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201: (A) regardless of whether the municipality has established a municipal ethics commission; or (B) if the municipality has not established a municipal ethics commission.

(i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or

(ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201: (A) regardless of whether the municipality has established a municipal ethics commission; or (B) if the municipality has not established a municipal ethics commission.

(A) regardless of whether the municipality has established a municipal ethics commission; or

(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.