§ 11-49-502. Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal.


Latest version.
  • (1)
    (a) Except as provided in Subsection (1)(b) or (c), 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:
    (i) unless otherwise provided in this chapter; or
    (ii) after a complaint is presented at the meeting described in Section 11-49-701.
    (b) The restrictions in Subsection (1)(a) do not apply to 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 11-49-602.
    (c) Nothing in this section shall prevent a person from disclosing facts or allegations about potential criminal violations to a law enforcement authority.
    (d) Nothing in this section may be construed to hinder or prevent a respondent from preparing a defense to a complaint, including contacting a witness or other actions in preparation for review by the commission.
    (2) 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 11-49-404 and 11-49-405.
    (3) If the existence of an ethics complaint is publicly disclosed before or during the preliminary review period described in Section 11-49-602, the complaint shall be summarily dismissed without prejudice.
Enacted by Chapter 202, 2012 General Session