Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 359 (2016GS)

Sponsor

Rep. Draxler, J.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the individual with whom a complainant may file a complaint against a political subdivision officer or employee.

Every vote on this bill

Bill text

POLITICAL SUBDIVISION ETHICS COMMISSION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jack R. Draxler
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill modifies provisions related to filing a complaint with the Political
Subdivisions Ethics Review Commission.
Highlighted Provisions:
This bill:
▸ addresses the individual with whom a complainant may file a complaint against a
political subdivision officer or employee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-49-501
, as enacted by Laws of Utah 2012, Chapter 202
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-49-501
 is amended to read:
11-49-501.
Ethics complaints -- Who may file -- Form.
(1) (a) Notwithstanding any other provision, the following may file a complaint,
subject to the requirements of Subsections (1)(b) and (c) and Section 
11-49-301
, against a
political subdivision officer or employee:
(i) two or more registered voters who reside within the boundaries of a political
subdivision;
(ii) two or more registered voters who pay a fee or tax to a political subdivision; or
(iii) one or more registered voters who reside within the boundaries of a political
subdivision and one or more registered voters who pay a fee or tax to the political subdivision.
(b) A person described in Subsection (1)(a) may not file a complaint unless at least one
person described in Subsection (1)(a)(i), (ii), or (iii) has actual knowledge of the facts and
circumstances supporting the alleged ethics violation.
(c) A complainant may file a complaint only against an individual who, on the date that
the complaint is filed, is serving as a political subdivision officer or is a political subdivision
employee.
[
(2) (a) (i) A complainant shall file a complaint with the Office of the Lieutenant
Governor.
]
[
(ii) The lieutenant governor shall forward the complaint to the chair of the
commission no later than five days after the day on which the complaint is filed.
]
(2) (a) The lieutenant governor shall post, on the homepage of the lieutenant governor's
website, a conspicuous and clearly identified link to the name and address of an individual
authorized to accept a complaint on behalf of the commission.
(b) A complainant shall file a complaint with the individual described in Subsection
(2)(a).
[
(b)
] 
(c)
 An individual may not file a complaint during the 60 calendar days
immediately preceding:
(i) a regular primary election, if the accused political subdivision officer is a candidate
in the primary election; or
(ii) a regular general election in which an accused political subdivision officer is a
candidate, unless the accused political subdivision officer is unopposed in the election.
(3) A complainant shall ensure that each complaint filed under this section is in writing
and contains the following information:
(a) the name and position of the political subdivision officer or employee alleged to be
in violation;
(b) the name, address, and telephone number of each individual who is filing the
complaint;
(c) a description of each alleged ethics violation, as applicable of:
(i) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
(ii) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
(iii) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
(d) include for each alleged ethics violation:
(i) a reference to the section of the code alleged to have been violated;
(ii) the name of the complainant who has actual knowledge of the facts and
circumstances supporting each allegation; and
(iii) with reasonable specificity, 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 that include the information required in Subsection (4);
(e) a list of the witnesses that a complainant wishes 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 a complainant desires the
witness to produce;
(f) 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
(g) the signature of each complainant.
(4) An affidavit described in Subsection (3)(d)(iii)(B) shall include:
(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 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.