Utah Code § 53E-3-1313 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-1313
§ 53E-3-1313. Board review and action on commission recommendation.
Status: in_force

(1) Within five calendar days of the date that the board chair receives the commission's recommendation as provided under Section 53E-3-1310, the board chair and board leadership shall: (a) schedule a board meeting to review the complaint on a date no later than 30 days after the day on which the board receives the recommendation; and (b) place the ethics complaint on the agenda for consideration at that meeting. (2) The scope of the board's review is limited to the alleged violations found to have been proven by the commission, as pled in the edited complaint and the edited response provided by the commission. (3) (a) Before holding the meeting for review of the complaint as scheduled in Subsection (1), the board chair may schedule a separate meeting of the board to: (i) hear motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures; or (ii) hold a vote of the board, with or without the attendance of the parties, on procedural or board business matters relating to a complaint. (b) Notwithstanding Subsection (1), the board may, by a majority vote, change the date of the meeting scheduled in Subsection (1) in order to accommodate: (i) a meeting authorized under Subsection (3)(a); or (ii) necessary scheduling requirements. (4) (a) The board shall comply with the Utah Rules of Evidence, except where the board determines, by majority vote, that a rule is not compatible with the requirements of this part. (b) The board chair shall make rulings on admissibility of evidence, subject to being overruled by a majority vote of the board. (5) (a) A meeting or hearing held under this section: (i) is subject to the requirements of Title 52, Chapter 4, Open and Public Meetings Act; and (ii) may be closed by a majority vote of the board, held in the public portion of the meeting, for: (A) any purpose permitted under Section 52-4-205; (B) the purpose of discussing legal, evidentiary, or procedural matters with the board or staff; or (C) deliberations, as provided in Subsection (9). (b) Only board members, board staff, and necessary security personnel may attend a closed meeting. (6) (a) Except as provided in Subsection (6)(b), an individual may not use a camera or other recording device in any meeting authorized by this section. (b) The board shall keep an audio or video recording of all portions of each meeting authorized by this section. (7) In addition to the recording required in Subsection (6), the board chair shall ensure that a record of each meeting is made, which shall include: (a) official minutes taken during the meeting, if any; (b) copies of all documents or other items admitted into evidence; (c) copies of any documents, written orders, or written rulings issued by the board chair or the board; and (d) any other information that a majority of the board or the board chair directs. (8) (a) Except as provided in Subsection (8)(b), all recordings, testimony, evidence, and other records of meetings and hearings authorized by this section are public records. (b) All recordings, minutes, and other records produced during a closed meeting authorized under this section are classified as private records under Section 63G-2-302. (9) (a) After each party has presented a closing argument, the board shall deliberate in a closed meeting: (i) immediately after conclusion of the closing arguments; or (ii) at a future meeting of the board, on a date and time determined by a majority of the members of the board. (b) The board chair shall conduct the deliberations. (c) During the deliberations, board members may: (i) discuss evidence and testimony; (ii) discuss and debate whether an allegation was proven or not proven; (iii) discuss and debate what actions should be taken or not taken against the respondent in relation to each allegation; (iv) discuss and debate any other matter related to the allegations in the complaint that is before the board; and (v) conduct, at the call of the chair or a majority of the members of the board, a non-binding straw poll on any matter related to the complaint. (d) Deliberations shall continue until they are concluded or continued to another date and time: (i) at the direction of the chair, subject to override by a majority vote of the board; or (ii) upon a motion approved by a majority of the board members. (10) After conclusion of the deliberations, the board shall meet in public and, for each allegation reviewed by the board, vote on whether the allegation is: (a) proven by clear and convincing evidence; or (b) not proven. (11) (a) Votes shall be taken by verbal roll call and each member's vote shall be recorded. (b) A count is not considered to be proven unless a majority of the board votes that the count is proven. (c) A count that is not voted as "proven" by a majority of the members of the board is dismissed. (12) The board, by a motion approved by a majority of the board, may reconsider and hold a new vote provided that: (a) a motion to reconsider a vote on whether an allegation was proven or not proven may only be made by a member of the board who voted that the allegation was not proven; and (b) a motion to reconsider a vote recommending an action against the respondent may only be made by a member of the board who voted against the recommendation. (13) The board may close the meeting for the purposes of further deliberations: (a) at the direction of the chair, subject to being overruled by the board; or (b) upon a motion approved by a majority of the members of the board. (14) For any count that has been voted as proven, the board shall, by a motion approved by a majority of the members of the board, take one or more of the following actions: (a) issue a public censure; (b) issue a written reprimand; (c) remove the board member from any board leadership positions; (d) deny or limit any non-constitutional right, power, or privilege of the respondent that the board has authority to grant or restrict, if the violation bears upon the exercise of that right, power, or privilege; (e) recommend to the Legislature that impeachment proceedings be initiated under Utah Constitution, Article VI, Section 19, if the board finds by a two-thirds vote that: (i) the violation constitutes high crimes, misdemeanors, or malfeasance in office; and (ii) the seriousness of the violation warrants removal from office; or (f) refer the matter to appropriate authorities, including: (i) the attorney general, if there is evidence of criminal conduct; (ii) law enforcement, if there is evidence of criminal conduct; (iii) the lieutenant governor's office, if there are election law violations; or (iv) other appropriate regulatory or oversight bodies. (15) If the board votes in accordance with Subsection (14)(e) to recommend impeachment proceedings, the board shall: (a) prepare a formal written recommendation to the speaker of the House of Representatives and the president of the Senate that includes: (i) the name of the board member; (ii) a detailed statement of the proven violations; (iii) the factual basis supporting the violations; (iv) the board's findings regarding why the violations constitute grounds for impeachment; (v) copies of all relevant public records from the proceedings; and (vi) the vote count and names of board members voting for and against the recommendation; (b) make the recommendation publicly available; and (c) provide a copy to the respondent. (16) A recommendation for impeachment under Subsection (15) does not preclude the board from also taking other disciplinary actions authorized under Subsection (14). (17) Nothing in this section authorizes the board to remove an elected board member from office, such authority being reserved exclusively to the Legislature through impeachment proceedings as provided in Utah Constitution, Article VI, Sections 17 through 21. (18) The board shall make a copy of the finding and the order shall be made publicly available. (19) The board shall provide a written copy of the finding and order to: (a) the respondent; (b) the first complainant named on the complaint; and (c) the board chair and board leadership. (20) The board shall maintain a record of any actions taken, which shall be classified as a public record.