63A-15-604. Response to ethics complaint -- Filing -- Form.
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Effective 5/8/2018
63A-15-604. Response to ethics complaint -- Filing -- Form.
(1)The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an order issued by the commission under Subsection 63A-15-602(7) .
(2)The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information:
(a)the name, address, and telephone number of the respondent;
(b)for each alleged ethics violation in the complaint:
(i)each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection
(4);
(ii)the facts and circumstances refuting the allegation, which shall be provided by:
(A)copies of official records or documentary evidence; or
(B)one or more affidavits, each of which shall comply with Subsection
(4);
(c)a list of the witnesses that the respondent wishes to have called, including for each witness:
(i)the name, address, and, if available, telephone number 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 the respondent desires the witness to produce;
(d)a statement that the respondent:
(i)has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
(ii)believes the contents of the response to be true and accurate; and
(e)the signature of the respondent.
(3)Promptly after receiving the response, the commission shall provide copies of the response to:
(a)each member of the commission; and
(b)the first named complainant on the complaint.
(4)An affidavit described in Subsection (2)(b)(i) or (2)(b)(ii)(B) shall include the following information:
(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 to 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.
Renumbered and Amended by Chapter 461 , 2018 General Session