§ 11-49-301. Authority to review complaint -- Grounds for complaint -- Limitations on filings.

(1) Subject to the requirements of this chapter and Section 10-3-1311 or 17-16a-11, the commission is authorized to review an ethics complaint against a political subdivision officer or employee if the complaint alleges:

(a) if the applicable political subdivision is a municipality, an ethics violation of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act by:

(i) a city manager or non-elected chief executive; or

(ii) an elected officer, as defined in Section 10-3-1303;

(b) if the applicable political subdivision is a county, an ethics violation of Title 17, Chapter 16a, County Officers and Employees Disclosure Act by:

(i) an appointed officer, as defined in Section 17-16a-3;

(ii) an elected officer, as defined in Section 17-16a-3; or

(iii) an employee subject to Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or

(c) for a political subdivision officer or employee other than a municipal officer or employee described in Subsection (1)(a) or a county officer or employee described in Subsection (1)(b), an ethics violation of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.

(2) A complaint described in Subsection (1) shall be filed in accordance with the time limit provisions, if any, of the applicable part or chapter.

(3)

(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 a municipal ethics commission established under Section 10-3-1311, a county ethics commission established under Section 17-16a-11, or a local political subdivision ethics commission established under Section 11-49-103, as applicable, or the commission unless:

(i) the allegation was previously reviewed and dismissed by the commission under Section 11-49-602 or 11-49-701;

(ii) the allegation is accompanied by material facts or circumstances supporting the allegation that were not raised or pled to the commission; and

(iii) the allegation and the general facts and circumstances supporting that allegation have only been reviewed by the commission in accordance with Section 11-49-701 on one previous occasion.

(b) The commission may not review a complaint that is currently before:

(i) a municipal ethics commission established under Section 10-3-1311;

(ii) a county ethics commission established under Section 17-16a-11; or

(iii) a local political subdivision ethics commission established under Section 11-49-103.

(c) If an allegation in the complaint does not comply with the requirements of Subsection (3)(a) or (b), the allegation shall be summarily dismissed with prejudice by:

(i) the chair when reviewing the complaint under Section 11-49-601; or

(ii) the commission, when reviewing the complaint under Section 11-49-602 or 11-49-701.

Enacted by Chapter 202, 2012 General Session