reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 14 - Review of Executive Branch Ethics Complaints › Part 7 - General Provisions Governing Hearings on Ethics Complaints › Section 706 - Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

63A-14-706.
Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
(1) The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless:
(a) the witness is unable to be properly identified or located; or
(b) service is otherwise determined to be impracticable.
(2) The chair shall determine the scheduling and order of witnesses and presentation of evidence.
(3) The commission may, by majority vote:
(a) overrule the chair's decision not to subpoena a witness under Subsection (1);
(b) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2);
(c) decline to hear or call a witness who is requested by a complainant or a respondent;
(d) decline to review or consider evidence submitted in relation to an ethics complaint; or
(e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704.
(4)
(a) Each witness shall testify under oath.
(b) The chair or the chair's designee shall administer the oath to each witness.
(5) After the oath is administered to a witness, the chair shall direct testimony as follows:
(a) allow the party that called the witness, or that party's counsel, to question the witness;
(b) allow the opposing party, or the opposing party's counsel, to cross-examine the witness;
(c) allow additional questioning by a party or a party's counsel as appropriate;
(d) give commission members the opportunity to question the witness; and
(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
(6)
(a) If a witness, a party, or a party's counsel objects to a question, the chair shall:
(i) direct the witness to answer; or
(ii) rule that the witness is not required to answer the question.
(b) If a witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt in accordance with the provisions of Section 63A-14-705.
(7)
(a) The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness brings the material voluntarily or was required to bring the material by subpoena.
(b) If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section 63A-14-705.
Enacted by Chapter 426, 2013 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 14 - Review of Executive Branch Ethics Complaints › Part 7 - General Provisions Governing Hearings on Ethics Complaints › Section 707 - Communications of commission members.

63A-14-707.
Communications of commission members.
(1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission.
(2) While a complaint is under review by the commission, a member of the commission may not initiate, engage in, or consider any communications concerning the complaint with a third party unless:
(a) the communication is expressly permitted under the procedures established by this chapter; or
(b) the communication is made by the third party, in writing, simultaneously to:
(i) all members of the commission; and
(ii) a staff member of the commission.
(3) While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of the meetings or deliberations with another member of, or staff to, the commission, if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.
Enacted by Chapter 426, 2013 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 14 - Review of Executive Branch Ethics Complaints › Part 7 - General Provisions Governing Hearings on Ethics Complaints › Section 708 - Attorney fees and costs.

Effective 5/14/2019
63A-14-708.
Attorney fees and costs.
(1) A complainant:
(a) may, but is not required to, retain legal representation during the complaint review process; and
(b) is responsible for payment of the complainant's attorney fees and costs incurred.
(2) A respondent:
(a) may, but is not required to, retain legal representation during the complaint review process; and
(b) except as provided in Subsection (3), is responsible for payment of the respondent's attorney fees and costs incurred.
(3)
(a) If the commission determines that all allegations in the complaint are without merit, the respondent may file a request with the Executive Appropriations Committee of the Legislature for the payment of reasonable attorney fees and costs for legal representation during the complaint review process.
(b) If the Executive Appropriations Committee of the Legislature receives a request described in Subsection (3)(a), the Legislature may appropriate money to reimburse the respondent for some or all of the reasonable attorney fees and costs described in Subsection (3)(a).
(4) An attorney who participates in a hearing before the commission shall comply with:
(a) the Rules of Professional Conduct established by the Utah Supreme Court;
(b) the procedures and requirements of this chapter; and
(c) the directions of the chair and the commission.
(5) A violation of Subsection (4) may constitute:
(a) contempt of the commission under Section 63A-14-705; or
(b) a violation of the Rules of Professional Conduct, subject to enforcement by the Utah State Bar.
Amended by Chapter 432, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 1 - General Provisions › Section 103 - Local ethics commission permitted -- Filing requirements.

Effective 5/3/2023
63A-15-103.
Local ethics commission permitted -- Filing requirements.
(1) A political subdivision, other than a municipality described in Section 10-3-1311, a county described in Section 17-16a-11, or a school district may establish a local political subdivision ethics commission within the political subdivision to review a complaint against a political subdivision officer or employee subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(2) A political subdivision other than a school district may enter into an interlocal agreement with another political subdivision, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, to establish a local political subdivision ethics commission to review a complaint against a political subdivision officer or employee subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(3)
(a) A person filing a complaint for an ethics violation of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, shall file the complaint with:
(i) a local political subdivision ethics commission, if the political subdivision has established a local political subdivision ethics commission under Subsection (1) or (2); or
(ii) the commission if the political subdivision has not established a local political subdivision ethics commission or is a school district.
(b) A political subdivision that receives a complaint described in Subsection (3)(a) may:
(i) accept the complaint if the political subdivision has established a local political subdivision ethics commission in accordance with Subsection (1) or (2); or
(ii) forward the complaint to the commission:
(A) regardless of whether the political subdivision has established a local political subdivision ethics commission;
(B) if the political subdivision has not established a local political subdivision ethics commission; or
(C) if the complaint is regarding a member of a local school board as defined in Section 53E-1-102.
Amended by Chapter 378, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 2 - Political Subdivisions Ethics Review Commission › Section 202 - Meetings -- Staff -- Legal counsel -- Additional appropriations.

Effective 5/8/2018
63A-15-202.
Meetings -- Staff -- Legal counsel -- Additional appropriations.
(1) The commission shall meet for the purpose of reviewing an ethics complaint when:
(a) except otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or
(b) a majority of members agree to meet.
(2) A majority of the commission is a quorum.
(3)
(a) The commission shall prepare, on an annual basis, a summary data report that contains:
(i) a general description of the activities of the commission during the past year;
(ii) the number of ethics complaints filed with the commission;
(iii) the number of ethics complaints dismissed in accordance with Section 63A-15-602;
(iv) the number of ethics complaints reviewed by the commission in accordance with Section 63A-15-701;
(v) an executive summary of each complaint review in accordance with Section 63A-15-701; and
(vi) an accounting of the commission's budget and expenditures.
(b) The commission shall submit the summary data report to the governor on an annual basis.
(c) The summary data report shall be a public record.
(4)
(a) The commission shall employ staff at a level that is reasonable to assist the commission in performing its duties as established in this chapter.
(b) Staff for the commission may not perform services for a political subdivision.
(c) A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest.
(5) A meeting held by the commission is subject to Title 52, Chapter 4, Open and Public Meetings Act, unless otherwise provided.
(6) The commission:
(a) is an independent entity established within the department for budgetary and general administrative purposes only;
(b) is not under the direction or control of the department, the executive director, or any other officer or employee of the department;
(c) shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties;
(d) may employ additional staff, to work under the direction of the director;
(e) shall contract with private legal counsel to provide legal services to the commission, as needed; and
(f) may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 3 - General Powers and Procedures › Section 302 - General powers -- Jurisdiction.

Effective 5/8/2018
63A-15-302.
General powers -- Jurisdiction.
(1) The commission has jurisdiction only over an individual who is a political subdivision officer or employee.
(2) The commission shall dismiss an ethics complaint if:
(a) the respondent resigns or is terminated from the political subdivision; or
(b) except as provided in Subsection (3):
(i) the respondent is charged with a criminal violation of:
(A)Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
(B)Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
(C)Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
(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:
(a) dismiss an allegation described in Subsection (2)(b)(ii); and
(b) proceed with any remaining allegation in the complaint.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 401 - Hearing on ethics complaint -- General procedures.

Effective 5/8/2018
63A-15-401.
Hearing on ethics complaint -- General procedures.
(1) In conducting a hearing on a complaint in accordance with Part 7, Commission Review of Ethics Violation, the commission shall comply with the following process in the order specified:
(a) introduction and instructions for procedure and process, at the discretion of the chair;
(b) complainant's opening argument, to be presented by a complainant or complainant's counsel;
(c) complainant's presentation of evidence and witnesses in support of allegations in the complaint;
(d) consideration of motions to dismiss the complaint or motions for a finding of no cause, as applicable;
(e) respondent's opening argument, to be presented by the respondent or respondent's counsel;
(f) respondent's presentation of evidence and witnesses refuting allegations in the complaint;
(g) presentation of rebuttal evidence and witnesses by the complainant, at the discretion of the chair;
(h) presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
(i) complainant's closing argument, to be presented by a complainant or complainant's counsel;
(j) respondent's closing argument, to be presented by the respondent or respondent's counsel;
(k) deliberations by the commission; and
(l) adoption of the commission's findings.
(2) The commission may, in extraordinary circumstances, vary the order contained in Subsection (1) by majority vote and by providing notice to the parties.
(3) The chair may schedule the examination of a witness or evidence subpoenaed at the request of the chair or the commission under Section 63A-15-403 at the chair's discretion.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 402 - Chair as presiding officer.

Effective 5/8/2018
63A-15-402.
Chair as presiding officer.
(1) Except as expressly provided otherwise in this chapter, the chair of the commission is vested with the power to direct the commission during meetings authorized by this chapter.
(2) Unless expressly prohibited from doing so under this chapter, the commission may overrule a decision of the chair by using the following procedure:
(a) If a member objects to a decision of the chair, that member may appeal the decision by stating:
(i) "I appeal the decision of the chair."; and
(ii) the basis for the objection.
(b) A motion described in Subsection (2)(a) is nondebatable.
(c) The chair shall direct a roll call vote to determine if the commission supports the decision of the chair.
(d) A majority vote of the commission is necessary to overrule the decision of the chair.
(3) The chair may set time limitations on any part of a meeting or hearing authorized by this chapter.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 403 - Subpoena powers.

Effective 5/8/2018
63A-15-403.
Subpoena powers.
(1) Except for a preliminary review described in Section 63A-15-602, for a proceeding authorized by this chapter, the commission may issue a subpoena to:
(a) require the attendance of a witness;
(b) direct the production of evidence; or
(c) require both the attendance of a witness and the production of evidence.
(2) The commission shall issue a subpoena:
(a) in accordance with Section 63A-15-405;
(b) at the direction of the commission chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint under Part 7, Commission Review of Ethics Violation; or
(c) upon a vote of a majority of the commission members.
(3) If the commission issues a subpoena authorized under this section, the commission shall give a reasonable period of time for the person or entity to whom the subpoena is directed to petition a district court to quash or modify the subpoena before the time specified in the subpoena for compliance.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 404 - Contempt of the commission.

Effective 5/8/2018
63A-15-404.
Contempt of the commission.
(1)
(a) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter:
(i) disobedience to a direction of the commission chair;
(ii) failure, without legal justification, to answer a question during a hearing when directed to do so by:
(A) the commission chair, unless the direction is overridden by the commission in accordance with Section 63A-15-402; or
(B) a majority of the commission;
(iii) failure to comply with a subpoena or other order issued under authority of this chapter;
(iv) violation of privacy provisions established by Section 63A-15-502;
(v) violation of the communication provisions established by Section 63A-15-407;
(vi) violation of a request to comply with a provision of this chapter by a chair or a majority of the members of the commission; or
(vii) any other ground that is specified in statute or recognized by common law.
(b) Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.
(2)
(a) The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:
(i) the commission chair, subject to the provisions of Section 63A-15-402; or
(ii) members of the commission, by means of a majority vote.
(b) In initiating and pursuing an action against an individual for contempt of the commission, the plaintiff shall comply with the procedures and requirements of Section 63A-15-405.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 405 - Order to compel -- Enforcement.

Effective 5/8/2018
63A-15-405.
Order to compel -- Enforcement.
(1)
(a) When the subject of a subpoena issued in accordance with Section 63A-15-403 disobeys or fails to comply with the subpoena, or if a person appears before the commission pursuant to a subpoena and refuses to testify to a matter upon which the person may be lawfully interrogated, the commission may:
(i) file a motion for an order to compel obedience to the subpoena with the district court within the jurisdiction of the applicable political subdivision;
(ii) file, with the district court, a motion for an order to show cause why the penalties established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the person named in the subpoena for contempt of the commission; or
(iii) pursue other remedies against persons in contempt of the commission.
(b)
(i) Upon receipt of a motion under this section, the court shall expedite the hearing and decision on the motion.
(ii) A court may:
(A) order the person named in the subpoena to comply with the subpoena; and
(B) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon the person named in the subpoena for contempt of the commission.
(2)
(a) If a commission subpoena requires the production of accounts, books, papers, documents, or other tangible things, the person or entity to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
(b) The commission may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection (1).
(c) If the court finds that a commission subpoena requiring the production of accounts, books, papers, documents, or other tangible things is unreasonable or oppressive, the court may quash or modify the subpoena.
(3) Nothing in this section prevents the commission from seeking an extraordinary writ to remedy contempt of the commission.
(4) Any party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 406 - Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

Effective 5/8/2018
63A-15-406.
Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
(1)
(a) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless:
(i) the witness is unable to be properly identified or located; or
(ii) service is otherwise determined to be impracticable.
(b) The chair shall determine the scheduling and order of witnesses and presentation of evidence.
(c) The commission may, by majority vote:
(i) overrule the chair's decision not to subpoena a witness under Subsection (1)(a);
(ii) modify the chair's determination on the scheduling and order of witnesses under Subsection (1)(b);
(iii) decline to hear or call a witness that has been requested by the complainant or respondent;
(iv) decline to review or consider evidence submitted in relation to an ethics complaint; or
(v) request and subpoena witnesses or evidence according to the procedures of Section 63A-15-403.
(2)
(a) Each witness shall testify under oath.
(b) The chair or the chair's designee shall administer the oath to each witness.
(3) After the oath has been administered to the witness, the chair shall direct testimony as follows:
(a) allow the party that has called the witness, or that party's counsel, to question the witness;
(b) allow the opposing party, or that party's counsel, to cross-examine the witness;
(c) allow additional questioning by a party or a party's counsel as appropriate;
(d) give commission members the opportunity to question the witness; and
(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
(4)
(a) If the witness, a party, or a party's counsel objects to a question, the chair shall:
(i) direct the witness to answer; or
(ii) rule that the witness is not required to answer the question.
(b) If the witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt as provided in Section 63A-15-404.
(5)
(a) The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness has brought the material voluntarily or has been required to bring it by subpoena.
(b) If the witness declines to provide evidence in response to a subpoena, the witness may be held in contempt as provided in Section 63A-15-404.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 407 - Communications of commission members.

Effective 5/8/2018
63A-15-407.
Communications of commission members.
(1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission.
(2) While a complaint is under review by the commission, a member of the commission may not initiate or consider any communications concerning the complaint with a third party unless:
(a) the communication is expressly permitted under the procedures established by this chapter; or
(b) the communication is made by the third party, in writing, simultaneously to:
(i) all members of the commission; and
(ii) a staff member of the commission.
(3) While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of a meeting, hearing, or deliberation with another member of, or staff to, the commission, only if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 4 - Hearing on Ethics Complaint › Section 408 - Attorney fees and costs.

Effective 5/8/2018
63A-15-408.
Attorney fees and costs.
(1) A person filing a complaint under this chapter:
(a) may, but is not required to, retain legal representation during the complaint review process; and
(b) is responsible for payment of complainant's attorney fees and costs incurred.
(2)
(a) A respondent against whom a complaint is filed under this chapter:
(i) may, but is not required to, retain legal representation during the complaint review process;
(ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and
(iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.
(b) For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902.
(3)
(a) An attorney participating in a hearing before the commission shall comply with:
(i) the Rules of Professional Conduct established by the Utah Supreme Court;
(ii) the procedures and requirements of this chapter; and
(iii) the directions of the chair and commission.
(b) A violation of Subsection (3)(a) may constitute:
(i) contempt of the commission under Section 63A-15-404; or
(ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 5 - Complaint of Ethics Violation › Section 502 - Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal.

Effective 5/8/2018
63A-15-502.
Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal.
(1)
(a) Except as otherwise provided in this chapter, a person, including a complainant, the respondent, a commission member, or staff to the commission, may not disclose the existence of a complaint, a response, nor any information concerning any alleged ethics violation that is the subject of a complaint.
(b) The restrictions in Subsection (1)(a) do not apply to:
(i) the respondent's voluntary disclosure of a finding by the commission that no allegations in a complaint were proved after that finding is issued by the commission under the procedures and requirements of Section 63A-15-602;
(ii) this disclosure of facts or allegations about potential criminal violations to a law enforcement authority;
(iii) a disclosure by a respondent that is made solely for the purpose of, and only to the extent necessary for, retaining counsel, conducting an interview, seeking evidence, or taking other action to prepare to defend against a complaint;
(iv) a communication between a commission member and the commission's attorney or a member of the commission's staff; or
(v) a disclosure to a person that is determined necessary, by a majority vote of the commission, to conduct the duties of the commission.
(2) When a person makes a disclosure under Subsection (1)(b)(iii) or (v), the person making the disclosure shall inform the person to whom the disclosure is made of the nondisclosure requirements described in this section.
(3) After the commission issues an order under Subsection 63A-15-704(2), the commission may disclose the portion of the complaint, a response, and other information relating to an alleged ethics violation that the commission determines is proved.
(4) A person who violates the provisions of Subsection (1)(a) is in contempt of the commission and proceedings may be initiated to enforce the finding of contempt using the procedures provided in Sections 63A-15-404 and 63A-15-405.
(5) If, before the commission issues an order in relation to an ethics complaint under Section 63A-15-704, the existence of the ethics complaint is publicly disclosed by a person other than the respondent, an agent of the respondent, or a person who learns of the complaint under Subsection (1)(b)(iii) or (v), the commission shall summarily dismiss the complaint without prejudice.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 6 - Review of Complaint › Section 601 - Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice.

Effective 5/8/2018
63A-15-601.
Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice.
(1) Within 10 business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine the complaint to determine if it is in compliance with Sections 63A-15-301 and 63A-15-501.
(2)
(a) If the chair determines that the complaint does not comply with Sections 63A-15-301 and 63A-15-501, the chair shall:
(i) return the complaint to the first complainant named on the complaint with:
(A) a statement detailing the reason for the non-compliance; and
(B) a copy of the applicable provisions in this chapter; and
(ii) notify the applicable political subdivision governing body that:
(A) a complaint was filed against an unidentified political subdivision officer or employee but was returned for non-compliance with this chapter; and
(B) the fact that a complaint was filed and returned shall be kept confidential until the commission submits its annual summary data report as required by Section 63A-15-202.
(b) If a complaint is returned for non-compliance with the requirements of this chapter, a complainant may file another complaint if the new complaint independently meets the requirements of Sections 63A-15-301 and 63A-15-501, including any requirements for timely filing.
(3) If the chair determines that the complaint complies with the requirements of this section, the chair shall:
(a) accept the complaint;
(b) notify each member of the commission that the complaint has been filed and accepted;
(c) notify the applicable political subdivision that:
(i) a complaint has been filed against an unidentified political subdivision officer or employee;
(ii) the identity of the political subdivision officer or employee and the allegations raised in the complaint are confidential pending the commission's preliminary review of the complaint; and
(iii) the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint via:
(A) notice of the commission's review of a complaint in accordance with Section 63A-15-701; or
(B) submission of the commission's annual summary data report as required in Section 63A-15-202; and
(d) promptly forward the complaint to the political subdivision officer or employee who is the subject of the ethics complaint via personal delivery or a delivery method that provides verification of receipt, together with a copy of this chapter and notice of the officer's or employee's deadline for filing a response to the complaint if the complaint is not dismissed under Section 63A-15-602.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 6 - Review of Complaint › Section 603 - Meeting of the commission to review a complaint -- Procedures.

Effective 5/8/2018
63A-15-603.
Meeting of the commission to review a complaint -- Procedures.
By no later than 10 calendar days after the day on which a complaint is accepted under Section 63A-15-602 for further review, the commission chair shall:
(1) schedule a commission meeting on a date no later than 60 calendar days after the date on which the commission votes to forward a complaint for final determination in accordance with Section 63A-15-602;
(2) place the complaint on the agenda for consideration at the meeting described in Subsection (1);
(3) provide notice of the date, time, and location of the meeting:
(a) to:
(i) the members of the commission;
(ii) the first complainant named in the complaint; and
(iii) the respondent; and
(b) in accordance with Section 52-4-202; and
(4) provide a copy of the complaint or redacted complaint, as required in Section 63A-15-602, to each member of the commission.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 6 - Review of Complaint › Section 604 - Response to ethics complaint -- Filing -- Form.

Effective 5/8/2018
63A-15-604.
Response to ethics complaint -- Filing -- Form.
(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).
(2) The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information:
(a) the name, address, and telephone number of the respondent;
(b) for each alleged ethics violation in the complaint:
(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);
(ii) the facts and circumstances refuting the allegation, which shall be provided by:
(A) copies of official records or documentary evidence; or
(B) one or more affidavits, each of which shall comply with Subsection (4);
(c) a list of the witnesses that the respondent wishes to have called, including for each witness:
(i) the name, address, and, if available, telephone number 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 the respondent desires the witness to produce;
(d) a statement that the respondent:
(i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
(ii) believes the contents of the response to be true and accurate; and
(e) the signature of the respondent.
(3) Promptly after receiving the response, the commission shall provide copies of the response to:
(a) each member of the commission; and
(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:
(a) the name, address, and telephone number of the signer;
(b) a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;
(c) the facts and circumstances testified to by the signer;
(d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and
(e) the signature of the signer.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 7 - Commission Review of Ethics Violation › Section 702 - Record -- Recording of meetings.

Effective 5/8/2018
63A-15-702.
Record -- Recording of meetings.
(1)
(a) Except as provided in Subsection (1)(b), an individual may not use a camera or other recording device in a meeting authorized by this part.
(b)
(i) The commission shall keep an audio or video recording of all portions of each meeting authorized by this part.
(ii) The commission may, by a majority vote of the commission, permit a camera or other recording device in the meeting in which the commission releases the commission's recommendation under this part.
(2) In addition to the recording required in Subsection (1), the chair shall ensure that a record of the meeting or hearing is made, which shall include:
(a) official minutes taken during the meeting or hearing, if any;
(b) copies of all documents or other items admitted into evidence by the commission;
(c) copies of a document or written order or ruling issued by the chair or the commission; and
(d) any other information that a majority of the commission or the chair directs.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 7 - Commission Review of Ethics Violation › Section 705 - Criminal allegation -- Recommendation to county or district attorney or attorney general.

Effective 5/8/2018
63A-15-705.
Criminal allegation -- Recommendation to county or district attorney or attorney general.
(1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendation to a political subdivision governing body in accordance with Section 63A-15-704, send a written recommendation for further investigation to one or more of the following:
(a) the county or district attorney of the applicable jurisdiction; or
(b) the attorney general.
(2) The written recommendation described in Subsection (1) shall:
(a) list the name of each complainant;
(b) list the name of the respondent;
(c) state the date of the recommendation;
(d) for each allegation of a criminal violation, provide a reference to the criminal provision allegedly violated;
(e) include a general statement that is adopted by a majority of the members of the commission; and
(f) state the name of the political subdivision governing body that the commission sent a recommendation to in accordance with Section 63A-15-704.
(3) If the commission sends a recommendation in accordance with this section, the commission shall enter into the record:
(a) a copy of the recommendation; and
(b) the name of each person described in Subsection (1) to whom the commission sent the recommendation.
(4) A recommendation prepared and delivered in accordance with this section is a public record.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 7 - Commission Review of Ethics Violation › Section 706 - Action by political subdivision governing body.

Effective 5/8/2018
63A-15-706.
Action by political subdivision governing body.
A political subdivision governing body that receives a recommendation in accordance with Section 63A-15-704 shall:
(1) review the recommendation; and
(2) take further action in accordance with a political subdivision's governing ordinance, bylaws, or other applicable governing rule.
Renumbered and Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
63A-16-102.
Definitions.
As used in this chapter:
(1) "Chief information officer" means the chief information officer appointed under Section 63A-16-201.
(2) "Data center" means a centralized repository for the storage, management, and dissemination of data.
(3) "Division" means the Division of Technology Services.
(4) "Enterprise architecture" means:
(a) information technology assets and functions that can be applied across state government, including:
(i) mainframes, servers, desktop devices, peripherals, and other computing devices;
(ii) networks;
(iii) enterprise-wide applications;
(iv) maintenance and help desk functions for common hardware and applications;
(v) standards for other computing devices, operating systems, common applications, and software; and
(vi) master contracts that are available for use by agencies for various systems, including operating systems, databases, enterprise resource planning and customer relationship management software, application development services, and enterprise integration; and
(b) support for information technology that can be applied across state government, including:
(i) technical support;
(ii) master software licenses; and
(iii) hardware and software standards.
(5)
(a) "Executive branch agency" means an agency or administrative subunit of state government.
(b) "Executive branch agency" does not include:
(i) the legislative branch;
(ii) the judicial branch;
(iii) the State Board of Education;
(iv) the Utah Board of Higher Education;
(v) institutions of higher education;
(vi) independent entities as defined in Section 63E-1-102; or
(vii) the following elective constitutional offices of the executive department:
(A) the state auditor;
(B) the state treasurer; and
(C) the attorney general.
(6) "Executive branch strategic plan" means the executive branch strategic plan created under Section 63A-16-202.
(7) "Individual with a disability" means an individual with a condition that meets the definition of "disability" in 42 U.S.C. Sec. 12102.
(8) "Information technology" means all computerized and auxiliary automated information handling, including:
(a) systems design and analysis;
(b) acquisition, storage, and conversion of data;
(c) computer programming;
(d) information storage and retrieval;
(e) voice, video, and data communications;
(f) requisite systems controls;
(g) simulation; and
(h) all related interactions between people and machines.
(9) "State information architecture" means a logically consistent set of principles, policies, and standards that guide the engineering of state government's information technology and infrastructure in a way that ensures alignment with state government's business and service needs.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 1 - General Provisions › Section 103 - Division of Technology Services.

Effective 7/1/2021
63A-16-103.
Division of Technology Services.
(1) There is created within the department the Division of Technology Services.
(2) The division has authority to operate as an internal service fund agency as provided in Section 63J-1-410.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 1 - General Provisions › Section 105 - Director -- Authority.

Effective 5/4/2022
63A-16-105.
Director -- Authority.
(1) The executive director shall, with the approval of the governor, appoint the director.
(2) The director:
(a) shall exercise all powers given to, and perform all duties imposed on, the division;
(b) has administrative jurisdiction over the division and each office within the division;
(c) may make changes in division personnel and service functions under the director's administrative jurisdiction; and
(d) may authorize a designee to perform appropriate responsibilities.
(3) The director may, to facilitate division management, establish offices and bureaus to perform division functions.
(4)
(a) The director may hire employees in the division and offices of the division as permitted by division resources.
(b) Except as provided in Subsection (5), each employee of the division is exempt from career service or classified service status as provided in Section 63A-17-301.
(5)
(a) Unless the employee voluntarily converted to an exempt position described in Section 63A-17-301, an employee of an executive branch agency who was a career service employee as of July 1, 2005, who was transferred to the division at the time it was newly created as the Department of Technology Services continues in the employee's career service status during the employee's service to the division if the duties of the position in the division are substantially similar to those in the employee's previous position.
(b) A career service employee transferred under the provisions of Subsection (5)(a), whose duties or responsibilities subsequently change, may not be converted to exempt status without the review process required by Subsection 63A-17-301(3).
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 1 - General Provisions › Section 107 - Utah Open Data Portal Website.

Effective 5/3/2023
63A-16-107.
Utah Open Data Portal Website.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section 63G-2-103.
(b) "Public information" means:
(i) a record of a state governmental entity, a local governmental entity, or an independent entity that is classified as public under Title 63G, Chapter 2, Government Records Access and Management Act; or
(ii) subject to any specific limitations and requirements regarding the provision of financial information from the entity under Section 67-3-12, for an entity that is exempt from Title 63G, Chapter 2, Government Records Access and Management Act, records that would normally be classified as public if the entity were not exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
(c) "Private, controlled, or protected information" means information classified as private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.
(d) "Website" means the Utah Open Data Portal Website created in this section.
(2) There is created the Utah Open Data Portal Website to be administered by the division.
(3) The website shall serve as a point of access for public information.
(4) The division shall:
(a) establish and maintain the website;
(b) provide equipment, resources, and personnel as needed to establish and maintain the website;
(c) provide a mechanism for a governmental entity to gain access to the website for the purpose of posting and modifying public information; and
(d) maintain an archive of all public information posted to the website.
(5) The timing for posting and the content of the public information posted to the website is the responsibility of the governmental entity posting the public information.
(6) A governmental entity may not post private, controlled, or protected information to the website.
(7) A person who negligently discloses private, controlled, or protected information is not criminally or civilly liable for improper disclosure of the information if the information is disclosed solely as a result of the preparation or publication of the website.
Amended by Chapter 249, 2023 General Session