63A-15-601. Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice.

429 words·~2 min read·/ut/title-63a/chapter-15/63a-15-601·

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Effective 5/8/2018

(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 .

(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