Utah Code § 53E-3-1305 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-1305
§ 53E-3-1305. Filing ethics complaints -- Form -- Time limitations.
Status: in_force

(1) (a) The following individuals, who shall be referred to as complainants, may file a complaint against a board member if the complaint meets the requirements of this section: (i) two or more members of the board, provided that the complaint contains evidence or sworn testimony that: (A) sets forth facts and circumstances supporting the alleged violation; and (B) is evidence or sworn testimony of the type that would generally be admissible under the Utah Rules of Evidence; or (ii) two or more registered voters currently residing within Utah, if, for each alleged violation pled in the complaint, at least one of those registered voters has personal knowledge of the facts and circumstances supporting the alleged violation. (b) A complainant may file a complaint only against an individual who is serving as a board member on the date that the complaint is filed. (2) (a) Complainants shall file a complaint with the chair of the commission. (b) Except as provided in Subsection (2)(c), an individual may not file a complaint during the 60 calendar days immediately preceding: (i) a regular primary election, if the accused board member is a candidate in the primary election; or (ii) a regular general election in which the accused board member is a candidate, unless the accused board member is unopposed in the election. (c) Notwithstanding Subsection (2)(b), an individual may file a complaint within the time frame provided in Subsection (2)(b) if: (i) the complaint includes evidence that the subject of the complaint has been convicted of, pled guilty to, entered a plea of no contest to, or entered a plea in abeyance to a crime of moral turpitude; and (ii) the crime of moral turpitude is one of the allegations contained in the complaint. (3) The commission and the board are authorized to review an ethics complaint against a board member if the complaint alleges: (a) a violation of the code of official conduct as provided in Section 53E-3-1302; (b) a conviction of, or a plea of guilty to, a crime involving moral turpitude; or (c) a plea of no contest or a plea in abeyance to a crime involving moral turpitude. (4) (a) For an alleged violation under Subsection (3)(a), the complaint must be filed within two years of the date that the action or omission that forms the basis of the alleged violation occurred or within two years of the date that the action or omission would have been discovered by a reasonable person. (b) For an alleged violation under Subsection (3)(b) or (c), the complaint shall be filed within two years of the date that the plea or conviction that forms the basis of the allegation was entered. (5) (a) A complaint may not contain an allegation if that allegation and the general facts and circumstances supporting that allegation have been previously reviewed by the commission or the board unless: (i) the allegation was previously reviewed by the commission and dismissed without being referred to the board for review; (ii) the allegation is accompanied by material facts or circumstances supporting the allegation that were not raised or pled to the commission when the allegation was previously reviewed; and (iii) the allegation and the general facts and circumstances supporting that allegation have only been reviewed by the commission on one previous occasion. (b) If an allegation in the complaint does not comply with the requirements of Subsection (5)(a), the allegation shall be summarily dismissed with prejudice by the chair of the commission when reviewing the complaint under Section 53E-3-1306. (6) The complainants shall ensure that each complaint filed under this section is in writing and contains the following information: (a) the name and position of the board member alleged to be in violation, who shall be referred to as the respondent; (b) the name, address, and telephone number of each individual who is filing the complaint; (c) a description of each alleged violation, including for each alleged violation: (i) a reference to: (A) the section of the code of conduct alleged to have been violated; or (B) the criminal provision violated and the docket number of the case involving the board member; (ii) the name of the complainant or complainants who have personal knowledge of the facts and circumstances supporting each allegation; and (iii) the facts and circumstances supporting each allegation, which shall be provided by: (A) copies of official records or documentary evidence; or (B) one or more affidavits; (d) a list of the witnesses that the complainants wish to have called, including for each witness: (i) the name, address, and, if available, one or more telephone numbers of the witness; (ii) a brief summary of the testimony to be provided by the witness; and (iii) a specific description of any documents or evidence complainants desire the witness to produce; (e) a statement that each complainant: (i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the complaint; (ii) believes that the complaint is submitted in good faith and not for any improper purpose such as for the purpose of harassing the respondent, causing unwarranted harm to the respondent's reputation, or causing unnecessary expenditure of public funds; and (iii) believes the allegations contained in the complaint to be true and accurate; and (f) the signature of each complainant.