63A-15-502. Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal.

392 words·~2 min read·/ut/title-63a/chapter-15/63a-15-502

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Effective 5/8/2018

(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