Joint Rules Resolution - Legislative Ethics Amendments

16
JR6-2-103
JR6-2-201
JR6-2-302
JR6-2-303
JR6-3-101
JR6-3-102
JR6-4-101
JR6-4-102
JR6-4-103
JR6-4-204
JR6-4-302
0
Joint Rules Resolution - Legislative Ethics Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This joint rules resolution amends Joint Rules, Title 6, Legislative Ethics and Adjudication
of Ethics Complaints.
Highlighted Provisions:
This resolution:
removes term limits for a member of the Independent Legislative Ethics Commission
(commission);
modifies the circumstances under which the commission may dismiss a complaint;
authorizes, under certain circumstances, the chair of the commission or the chair of the
House or Senate Ethics Committee (committee) to designate a member of the
commission or committee to preside;
clarifies provisions related to the commission's and a committee's subpoena powers;
requires an affidavit from the complainants, respondent, and each witness involved in a
complaint;
clarifies commission staff's role in reviewing a complaint;
clarifies provisions related to the privacy of an ethics complaint;
clarifies that the commission's recommendation is a private record; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Legislative Rules Affected:
AMENDS:
JR6-2-103
JR6-2-201
JR6-2-302
JR6-2-303
JR6-3-101
JR6-3-102
JR6-4-101
JR6-4-102
JR6-4-103
JR6-4-204
JR6-4-302
Be it resolved by the Legislature of the state of Utah:
Section 1.
JR6-2-103
is amended to read:
JR6-2-103
. Independent Legislative Ethics Commission -- Membership.
(1)
There is established an Independent Legislative Ethics Commission.
(2)
The commission is composed of five
persons
individuals
, each of whom is registered
to vote in this state, appointed as follows:
(a)
two members, who have served as judges of a court of record in this state, each of
whom shall be nominated by the mutual consent of the president of the Senate and
the speaker of the House, and appointed by a majority vote of the president of the
Senate, speaker of the House, Senate minority leader, and House minority leader;
(b)
one member, who has served as a judge of a court of record in this state, nominated
by the mutual consent of the Senate minority leader and the House minority leader,
and appointed by a majority vote of the president of the Senate, speaker of the House,
Senate minority leader, and House minority leader;
(c)
one member, who has served as a member of the Legislature in this state no more
recently than four years before the date of appointment, appointed by the mutual
consent of the president of the Senate and the speaker of the House of
Representatives; and
(d)
one member, who has served as a member of the Legislature in this state no more
recently than four years before the date of appointment, appointed by the mutual
consent of the Senate minority leader and House minority leader.
(3)
A member of the commission may not, during the member's term of office on the
commission, act or serve as:
(a)
an officeholder as defined in Utah Code Section
20A-11-101
;
(b)
an agency head as defined in Utah Code Section
67-16-3
;
(c)
a lobbyist as defined in Utah Code Section
36-11-102
; or
(d)
a principal as defined in Utah Code Section
36-11-102
.
(4)
(a)
(i)
Except as provided in Subsection
(4)(a)(ii)
, each member of the commission
shall serve a four-year term.
(ii)
When appointing the initial members upon formation of the commission, one
member nominated by the president of the Senate and the speaker of the House of
Representatives and one member nominated by the Senate minority leader and
House minority leader shall be appointed to a two-year term so that approximately
half of the commission is appointed every two years.
(b)
(i)
When a vacancy occurs in the commission's membership for any reason, a
replacement member shall be appointed for the unexpired term of the vacating
member using the procedures and requirements of Subsection
(2)
.
(ii)
For the purposes of this rule, an appointment for an unexpired term of a vacating
member is not considered a full term.
(c)
A member may not be appointed to serve for more than two full terms, whether
those terms are two or four years.
(d)
(c)
A member of the commission may resign from the commission by giving one
month's written notice of the resignation to the president of the Senate, speaker of the
House, Senate minority leader, and House minority leader.
(e)
(d)
The chair of the Legislative Management Committee shall remove a member
from the commission if the member:
(i)
is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
(ii)
enters a plea of no contest or a plea in abeyance to a crime involving moral
turpitude; or
(iii)
fails to meet the qualifications of office as provided in this rule.
(f)
(e)
If a commission member is accused of wrongdoing in a complaint, or if a
commission member is found, under
JR6-2-103.5
, to have a conflict of interest in
relation to a complaint, a temporary commission member shall be appointed to serve
in that member's place for the purposes of reviewing that complaint using the
procedures and requirements of Subsection
(2)
.
(5)
(a)
A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and expenses incurred in the
performance of the member's official duties as allowed in:
(i)
Utah Code Section
63A-3-106
;
(ii)
Utah Code Section
63A-3-107
; and
(iii)
rules made by the Division of Finance according to Utah Code Sections
63A-3-106
and
63A-3-107
.
(b)
A member may decline to receive per diem and expenses for the member's service.
(6)
(a)
The commission members shall convene a meeting annually each January and
elect, by a majority vote, a commission chair from among the commission members.
(b)
A
person
member
may not serve as chair for more than two consecutive years.
Section 2.
JR6-2-201
is amended to read:
JR6-2-201
. Authority to review complaint -- Grounds for complaint --
Limitations on filings.
(1)
Subject to the requirements of this chapter, the Senate Ethics Committee, the House
Ethics Committee, and the Independent Legislative Ethics Commission are authorized to
review an ethics complaint against a legislator if the complaint alleges:
(a)
a violation of the code of official conduct as provided in
JR6-1-102
;
(b)
a violation of
JR6-1-103
;
(c)
a conviction of, or a plea of guilty to, a crime involving moral turpitude; or
(d)
a plea of no contest or a plea in abeyance to a crime involving moral turpitude.
(2)
(a)
For an alleged violation under Subsection
(1)(a)
, the complaint must be filed
,
subject to
JR6-3-101(2)
,
within two years of the date
:
(i)

that the action or omission that forms the basis of the alleged violation occurred
;
or
(ii)
or within two years of the date
that the action or omission would have been
discovered by a reasonable person.
(b)
For an alleged violation under Subsection
(1)(c)
or
(d)
, the complaint shall be filed
,
subject to
JR6-3-101(2)
,
within two years of the date that the plea or conviction that
forms the basis of the allegation was entered.
(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 the
commission or an ethics committee unless:
(i)
the allegation was previously reviewed by the commission and dismissed without
being referred to an ethics committee for review;
(ii)
the allegation is accompanied by material facts or circumstances supporting the
allegation that were not raised or pled to the commission when the allegation was
previously reviewed; and
(iii)
the allegation and the general facts and circumstances supporting that allegation
have only been reviewed by the commission on one previous occasion.
(b)
If an allegation in the complaint does not comply with the requirements of
Subsection
(3)(a)
, the allegation shall be summarily dismissed with prejudice by:
(i)
the chair of the Independent Legislative Ethics Commission, when reviewing the
complaint under
JR6-4-101
; or
(ii)
the commission, when reviewing the complaint under
JR6-4-201
.
(4)
The Independent Legislative Ethics Commission shall dismiss a complaint when:
(a)
the allegations in the complaint:
(i)
lack merit; or
(ii)
do not constitute a violation of this title; or
(b)
the Independent Legislative Ethics Commission lacks jurisdiction.
(5)
(a)
The Independent Legislative Ethics Commission may dismiss a complaint if, after
negotiating in good faith, the complainant and respondent agree to corrective actions.
(b)
The Independent Legislative Ethics Commission may reopen and review a complaint
dismissed under Subsection
(5)(a)
if a complainant or respondent fails to comply
with the terms of the agreement.
Section 3.
JR6-2-302
is amended to read:
JR6-2-302
. Chair as presiding judge.
(1)
(a)
Except as expressly provided otherwise in this title, the chair of the Independent
Legislative Ethics Commission and the chair of the Senate or House Ethics
Committee is vested with the power to direct the commission or committee during
meetings authorized by this title.
(b)
When ruling on an evidentiary matter, the chair may designate another member who
has legal expertise to preside.
(2)
Unless expressly prohibited from doing so under this title, the commission or committee
may overrule a decision of the chair by using the following procedure:
(a)
If a member objects to a decision of the chair, that member may appeal the decision
by stating:
(i)
"I appeal the decision of the chair."; and
(ii)
the basis for the objection.
(b)
This motion is nondebatable.
(c)
The chair shall direct a roll call vote to determine if the commission or committee
supports the decision of the chair.
(d)
A majority vote of the commission or committee is necessary to overrule the
decision of the chair.
(3)
The chair may set time limitations on any part of a meeting or hearing authorized by this
title.
Section 4.
JR6-2-303
is amended to read:
JR6-2-303
. Subpoena powers.
(1)
For all proceedings authorized by this title, the Independent Legislative Ethics
Commission or the Senate or House Ethics Committee may issue a subpoena to:
(a)
require the attendance of a witness;
(b)
direct the production of evidence; or
(c)
require both the attendance of a witness and the production of evidence.
(2)
The commission shall issue a subpoena under this rule:
(a)
as required under
JR6-2-305
;
(b)
at the direction of the commission chair, if the chair determines that the testimony or
evidence is relevant to the review of a complaint under
Chapter 4, Part 2, Review of
Ethics Complaint by the Independent Legislative Ethics Commission
; or
(c)
upon a vote of a majority of the commission members.
(3)
An ethics committee shall issue a subpoena under this rule:
(a)
(i)
as required under
JR6-2-305
;
(b)
(ii)
at the direction of the committee chair or vice chair, if the chair or vice chair
determines that the testimony or evidence is relevant to review of a complaint
under
Chapter 4, Part 3, Review of Ethics Complaint by Ethics Committee
; or
(c)
(iii)
upon a vote of a majority of the committee members
; and
(b)
in accordance with Utah Code Title 36, Chapter 14, Legislative Subpoena Powers
.
(4)
The director of the Office of Legislative Research and General Counsel shall issue a
subpoena on behalf of an ethics committee when requested to do so by
one of the
persons or entities
a person
authorized to do so under Subsection
(3)
.
Section 5.
JR6-3-101
is amended to read:
JR6-3-101
. Ethics complaints -- Filing -- Form.
(1)
(a)
The following individuals, who shall be referred to as the complainants, may file a
complaint against an individual legislator if the complaint meets the requirements of
JR6-2-201
and Subsection
(1)(b)
:
(i)
two or more members of the House of Representatives, for a complaint against a
representative, provided that the complaint contains evidence or sworn testimony
that:
(A)
sets forth facts and circumstances supporting the alleged violation; and
(B)
is evidence or sworn testimony of the type that would generally be admissible
under the Utah Rules of Evidence;
(ii)
two or more members of the Senate, for a complaint against a senator, provided
that the complaint contains evidence or sworn testimony that:
(A)
sets forth facts and circumstances supporting the alleged violation; and
(B)
is evidence or sworn testimony of the type that would generally be admissible
under the Utah Rules of Evidence; or
(iii)
two or more registered voters currently residing within Utah, if, for each alleged
violation pled in the complaint, at least one of those registered voters has personal
knowledge of the facts and circumstances supporting the alleged violation.
(b)
A complainant may file a complaint only against an individual who is serving as a
member of the Legislature on the date that the complaint is filed.
(2)
(a)
Complainants shall file a complaint with the chair of the Independent Legislative
Ethics Commission.
(b)
Except as provided in Subsection
(2)(c)
, an individual may not file a complaint
during the 60 calendar days immediately preceding:
(i)
a regular primary election, if the accused legislator is a candidate in the primary
election; or
(ii)
a regular general election in which the accused legislator is a candidate, unless the
accused legislator is unopposed in the election.
(c)
Notwithstanding Subsection
(2)(b)
, an individual may file a complaint within the
time frame provided in
that subsection
Subsection
(2)(b)
if:
(i)
the complaint includes evidence that the subject of the complaint has been
convicted of, plead guilty to, entered a plea of no contest to, or entered a plea in
abeyance to a crime of moral turpitude; and
(ii)
the crime of moral turpitude is one of the allegations contained in the complaint.
(3)
The complainants shall ensure that each complaint filed under this rule is in writing and
contains the following information:
(a)
the name and position or title of the legislator alleged to be in violation, who shall be
referred to as the respondent;
(b)
the name, address, and telephone number of each individual who is filing the
complaint;
(c)
a description of each alleged violation, including for each alleged violation:
(i)
a reference to:
(A)
the section of the code of conduct alleged to have been violated; or
(B)
the criminal provision violated and the docket number of the case involving
the legislator;
(ii)
the name of the complainant or complainants who have personal knowledge of
the facts and circumstances supporting each allegation;
and
(iii)
the facts and circumstances supporting each 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 the following format

that include the following
:
(I)
the name, address, and telephone number of the signer;
(II)
a statement that the signer has personal knowledge of the facts and
circumstances alleged in the affidavit;
(III)
the facts and circumstances testified to by the signer;
(IV)
a statement that the affidavit is
believed to be
true and correct
and that
false statements are subject to penalties
, under penalty
of perjury; and
(V)
the signature of the signer;
(d)
a list of the witnesses that the complainants wish to have called, including
an
affidavit
for each witness
that includes the following
:
(i)
the
witness's
name, address, and
, if available, one or more telephone numbers of
the witness
telephone number
;
(ii)
a brief summary of the testimony
to be provided by the witness; and
the witness
will provide;
(iii)
a specific description of any documents or evidence complainants desire the
witness to produce;
(iv)
a statement that the affidavit is true and correct, under penalty of perjury; and
(v)
the witness's signature; and
(e)
an affidavit for each complainant that includes the following:
(i)
a statement that
each
the
complainant:
(i)
(A)
has reviewed the allegations contained in the complaint and the sworn
statements and documents attached to the complaint;
and
(ii)
(B)
believes that the complaint is submitted in good faith and not for any
improper purpose such as for the purpose of harassing the respondent, causing
unwarranted harm to the respondent's reputation, or causing unnecessary
expenditure of public funds;
and
(iii)
believes the allegations contained in the complaint to be true and accurate; and
(f)
(ii)
a statement that the affidavit is true and correct, under penalty of perjury; and
(iii)
the
signature of each complainant
complainant's signature
.
Section 6.
JR6-3-102
is amended to read:
JR6-3-102
. Privacy of ethics complaints -- Contempt -- Enforcement of finding
of contempt -- Dismissal.
(1)
(a)
Except as provided in Subsection
(1)(b)
,
a person
an individual
, including the
complainants, the respondent, commission members, a committee chair or vice chair,
or staff to the commission or a committee, may not disclose
:
(i)
the
identity of any complainant or the respondent;

(ii)
the
existence of a complaint
, a response, nor
or a response; or
(iii)
any information concerning any alleged violation that is the subject of a
complaint.
(b)
The restrictions in Subsection
(1)(a)
do not apply to:
(i)
a complaint or response that is
publicly released by the commission and
referred
to an ethics committee for review under the procedures and requirements of
JR6-4-204
, and the allegations contained in the publicly released complaint or
response
;
(ii)
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
JR6-4-204
;
(iii)
(ii)
disclosing facts or allegations about potential criminal violations to law
enforcement authorities;
(iv)
(iii)
a disclosure by a respondent that is made solely for the purpose of, and only
to the extent necessary for, retaining counsel
or conducting an interview
, seeking
evidence, or taking other action to prepare to defend against a complaint;
(v)
(iv)
a communication between a commission or committee member and the
commission's or committee's attorneys or staff; or
(vi)
(v)
a disclosure to a person that is determined necessary, by a majority vote of
the commission or committee, to conduct the duties of the commission or
committee.
(2)
When
a person
an individual
makes a disclosure under Subsection
(1)(b)(iv)
or
(vi)
,
(1)(b)(iii) or (v),
the
person
individual
making the disclosure shall inform the person to
whom the disclosure is made of the nondisclosure requirements described in this section.
(3)
A person
An individual
who violates the provisions of Subsection
(1)(a)
is in
contempt of the Legislature and proceedings may be initiated to enforce the finding of
contempt using the procedures provided in
JR6-2-304
and Utah Code Section
36-14-5
.
(4)
Except as provided in
JR6-4-101(3)
, if the identity of the legislator who is the subject of
an ethics complaint or the identity of the filer of an ethics complaint is publicly
disclosed during the period that the Independent Legislative Ethics Commission is
reviewing the complaint, the complaint shall be summarily dismissed without prejudice.
Section 7.
JR6-4-101
is amended to read:
JR6-4-101
. Review of ethics complaint for compliance with form requirements --
Independent requirements for complaint -- Notice.
(1)
Within five business days after receipt of a complaint,
the staff of the Independent
Legislative Ethics Commission
commission staff
, in consultation with the
chair of the
commission
chair and vice-chair
, shall examine the complaint to determine if it is in
compliance with
JR6-2-201
or
JR6-3-101
.
(2)
(a)
If the chair determines that the complaint does not comply with
JR6-2-201
or
JR6-3-101
, 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 legislative rules; and
(ii)
notify the president of the Senate and the chair and vice-chair of the Senate Ethics
Committee, if the legislator named in the complaint is a senator, or the speaker of
the House of Representatives and the chair and vice-chair of the House Ethics
Committee, if the legislator named in the complaint is a representative, that:
(A)
a complaint was filed against a member of the Senate or House, respectively,
but was returned for non-compliance with legislative rule; 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
JR6-2-104
.
(b)
If a complaint is returned for non-compliance with the requirements of this title, the
complainants may file another complaint if the new complaint independently meets
the requirements of
JR6-3-101
, including any requirements for timely filing.
(3)
If the chair determines that the complaint complies with the requirements of this rule,
the chair shall:
(a)
accept the complaint;
(b)
notify the president of the Senate and the chair and vice-chair of the Senate Ethics
Committee, if the legislator named in the complaint is a senator, or the speaker of the
House of Representatives and the chair and vice-chair of the House Ethics
Committee, if the legislator named in the complaint is a representative:
(i)
that a complaint has been filed against a member of the Senate or House,
respectively;
(ii)
of the identity of the legislator who is the subject of the complaint and the identity
of the
person or persons
individuals
filing the complaint;
(iii)
of the nature of the allegations contained in the complaint; and
(iv)
of the fact that a complaint was filed and the nature of the allegations raised in
the complaint shall be kept confidential until the commission discloses the
existence of the complaint via:
(A)
a recommendation to a legislative ethics committee under
JR6-4-204
; or
(B)
the commission's submission of the annual summary data report under
JR6-2-104
;
(iv)
that the fact that a complaint was filed, the nature of the allegations raised in the
complaint, and the identity of the legislator and the complainants shall be kept
confidential until the commission publicly discloses the existence of the complaint
via:
(A)
a recommendation that an allegation in the complaint be heard by a
legislative ethics committee; or
(B)
submission of the commission's annual summary data report as required by
JR6-2-104
;
(c)
notify each member of the Independent Legislative Ethics Commission that the
complaint has been filed and accepted and that the existence of and contents of the
complaint and the identities of the parties shall be kept confidential; and
(d)
promptly forward the complaint to the legislator who is the subject of the ethics
complaint via personal delivery or a delivery method that provides verification of
receipt, together with:
(i)
notice that the existence of and contents of the complaint, and the identities of the
parties, are confidential and should not be publicly disclosed;
(ii)
a copy of the applicable legislative rules; and
(iii)
notice of the legislator's deadline for filing a response to the complaint.
Section 8.
JR6-4-102
is amended to read:
JR6-4-102
. Meeting of the Independent Legislative Ethics Commission for
review of complaint -- Procedures.
By no later than 10 calendar days after the day on which the complaint is accepted under
JR6-4-101
, the commission chair shall:
(1)
schedule a commission meeting on a date no later than 60 calendar days after the date
on which
the committee
commission staff, in consultation with the commission
chair
and
vice chair
vice-chair,
accept the complaint;
(2)
place the complaint on the agenda for consideration at that meeting;
(3)
provide notice of the date, time, and location of the meeting to:
(a)
the members of the commission;
(b)
the first complainant named in the complaint; and
(c)
the respondent; and
(4)
provide a copy of the complaint to each member of the commission.
Section 9.
JR6-4-103
is amended to read:
JR6-4-103
. Response to ethics complaint -- Filing -- Form.
(1)
The legislator that is the subject of the complaint may file a response to the complaint
no later than 30 days after the day on which the legislator receives delivery of the
complaint.
(2)
The respondent shall file the response with the commission and shall ensure that the
response is in writing and contains the following information:
(a)
the
respondent's
name, address, and telephone number
of the respondent
;
(b)
for each alleged 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 the following format
that include the following
:
(A)
the name, address, and telephone number of the signer;
(B)
a statement that the signer has personal 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
, under penalty
of perjury; and
(E)
the signature of the signer;
and
(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 the following format

that include the following
:
(I)
the name, address, and telephone number of the signer;
(II)
a statement that the signer has personal knowledge of the facts and
circumstances alleged in the affidavit;
(III)
the facts and circumstances testified to by the signer;
(IV)
a statement that the affidavit is
believed to be
true and correct
and that
false statements are subject to penalties
, under penalty
of perjury; and
(V)
the signature of the signer;
(c)
a list of the witnesses that the respondent wishes to have called, including
an
affidavit
for each witness
that includes the following
:
(i)
the
witness's
name, address, and
, if available, telephone number of the witness

telephone number
;
(ii)
a brief summary of the testimony
to be provided by the witness; and
the witness
will provide;
(iii)
a specific description of any documents or evidence the respondent desires the
witness to produce;
(iv)
a statement that the affidavit is true and correct, under penalty of perjury; and
(v)
the witness's signature; and
(d)
an affidavit that includes the following:
(i)
a statement that the respondent:
(i)
(A)
has reviewed the allegations contained in the complaint and the sworn
statements and documents attached to the response; and
(ii)
(B)
believes the contents of the response to be true and accurate;
and
(ii)
a statement that the affidavit is true and correct, under penalty of perjury; and
(e)
(iii)
the
signature of the respondent
respondent's signature
.
(3)
Promptly after receiving the response,
the
commission
staff
shall provide
copies
a
copy
of the response to:
(a)
each member of the commission; and
(b)
the first named complainant on the complaint.
Section 10.
JR6-4-204
is amended to read:
JR6-4-204
. Recommendations of commission.
(1)
If the commission determines that no allegations in the complaint were proved, the
commission shall:
(a)
issue and enter into the record an order that the complaint is dismissed because no
allegations in the complaint were found to have been proved;
(b)
classify all recordings, testimony, evidence, orders, findings, and other records
directly relating to the meetings authorized by this part as private records under Utah
Code Section
63G-2-302
;
(c)
provide notice of the determination, in a manner determined by a majority vote of the
commission, to:
(i)
the respondent; and
(ii)
the first complainant named on the complaint; and
(d)
provide notice to each
person
individual
named in Subsection
(1)(c)
that, under the
provisions of
JR6-3-102
and other provisions of this title, a person who discloses the
findings of the commission in violation of any provision of this chapter is in
contempt of the Legislature and is subject to penalties for contempt.
(2)
If the commission determines that one or more of the allegations in the complaint were
proved, the commission shall:
(a)
if one or more allegations were not found to have been proven, enter into the record
an order dismissing those unproven allegations;
(b)
prepare a written recommendation to the Senate Ethics Committee, if the respondent
is a senator, or to the House Ethics Committee, if the respondent is a representative,
that:
(i)
lists the name of each complainant;
(ii)
lists the name of the respondent;
(iii)
states the date of the recommendation;
(iv)
for each allegation that was found to be proven:
(A)
provides a reference to the code of conduct or criminal provision allegedly
violated;
(B)
states the number and names of commission members voting that the
allegation was proved and the number and names of commission members
voting that the allegation was not proved;
(C)
at the option of those members voting that the allegation was proved, includes
a statement by one or all of those members stating the reasons for voting that
the allegation was proved, provided that the statement does not cite specific
evidence, specific testimony, or specific witnesses; and
(D)
at the option of those members voting that the allegation was not proved,
includes a statement by one or all of those members stating the reasons for
voting that the allegation was not proved, provided that the statement does not
cite specific evidence, specific testimony, or specific witnesses;
(v)
contains any general statement that is adopted for inclusion in the
recommendation by a majority of the members of the commission;
(vi)
contains a statement referring the allegations found to have been proved to the
appropriate ethics committee for review;
(vii)
states the name of each member of the commission; and
(viii)
is signed by each commission member;
and
(c)
direct staff to publicly release the recommendation, the complaint, and the response,
subject to the redaction of any allegations that were dismissed by the commission; and
(d)
(c)
classify all other recordings, testimony, evidence, orders, findings, and other
records directly relating to the meetings and hearings authorized by this part as
private records under Utah Code Section
63G-2-302
.
(3)
The commission shall ensure that a copy of the recommendation is
made publicly
available and
promptly provided to:
(a)
the respondent, together with notice that the respondent may amend the respondent's
witness list as provided in
JR6-4-301
;
(b)
the first complainant named on the complaint, together with notice that the
complainants may amend their witness list as provided in
JR6-4-301
; and
(c)
the chair and vice chair of the Senate Ethics Committee, if the respondent is a
senator, or the chair and vice chair of the House Ethics Committee, if the respondent
is a representative.
(4)
The commission shall ensure that, within five business days of the date of issuance of
the recommendation:
(a)
the complaint and the response are redacted to remove references to those allegations
found not to have been proven by the commission, if one or more allegations were
found not to have been proven; and
(b)
the following documents are
made publicly available and are
provided to the chair
and vice chair of the Senate Ethics Committee, if the respondent is a senator, or the
chair and vice chair of the House Ethics Committee, if the respondent is a
representative:
(i)
a cover letter referring the allegations contained in the
edited
redacted
complaint
to the ethics committee for the committee's review;
(ii)
a copy of the
edited
redacted
complaint;
(iii)
a copy of the
edited
redacted
response; and
(iv)
a copy of the recommendation.
Section 11.
JR6-4-302
is amended to read:
JR6-4-302
. Review of ethics complaint by Ethics Committee.
(1)
The scope of the committee's review is limited to the alleged violations found to have
been proven by the commission, as pled in the
edited
redacted
complaint and the
edited
redacted
response provided by the commission.
(2)
(a)
Before holding the hearing for review of the complaint as scheduled in
JR6-4-301
,
the chair may schedule a separate meeting of the committee to:
(i)
hear motions or arguments from the parties, including hearing motions or
arguments relating to dismissal of a complaint, admission of evidence, or
procedures; or
(ii)
hold a vote of the committee, with or without the attendance of the parties, on
procedural or committee business matters relating to a complaint.
(b)
Notwithstanding
JR6-4-301
, the committee may, by a majority vote, change the date
of the hearing scheduled in
JR6-4-301
in order to accommodate:
(i)
a meeting authorized under Subsection
(2)(a)
; or
(ii)
necessary scheduling requirements.
(3)
(a)
The committee shall comply with the Utah Rules of Evidence, except where the
committee determines, by majority vote, that a rule is not compatible with the
requirements of this title.
(b)
(i)
The
Except as provided in Subsection
(3)(b)(ii)
, the
chair shall make rulings
on admissibility of evidence consistent with the provisions of
JR6-4-202
.
(ii)
When ruling on an evidentiary matter, the chair may designate a member of the
committee who has legal expertise to preside.
(4)
(a)
A meeting or hearing held under this
Chapter 4, Part 3, Review of Ethics
Complaint by Ethics Committee
:
(i)
is subject to the requirements of Utah Code
Title 52, Chapter 4, Open and Public
Meetings Act
; and
(ii)
may be closed by a majority vote of the committee, held in the public portion of
the meeting, for:
(A)
any purpose permitted under Utah Code Section
52-4-205
;
(B)
the purpose of discussing legal, evidentiary, or procedural matters with the
committee or staff; or
(C)
deliberations, as provided in
JR6-4-304
.
(b)
Only committee members, committee staff, and necessary security personnel may
attend a closed meeting.
(5)
If a majority of the committee determines that a continuance of a meeting or hearing is
necessary to obtain further evidence and testimony, to accommodate administrative
needs, or to accommodate the attendance of committee members, witnesses, or a party,
the chair or committee shall:
(a)
adjourn and continue the hearing or meeting to a future date and time; and
(b)
establish
that
the
future date and time by majority vote.
Section 12.
Effective Date.
This resolution takes effect upon a successful vote for final passage.
3-12-26 3:57 PM