Section 1311 – Municipal ethics commission — Complaints charging violations.

• (1) A municipality may establish by ordinance an ethics commission to review a complaint against an officer or employee subject to this part for a violation of a provision of this part.

• (2)
  • (a) A person filing a complaint for a violation of this part shall file the complaint:
    • (i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or
    • (ii) with the Political Subdivisions Ethics Review Commission in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the municipality has not established a municipal ethics commission.
  • (b) A municipality that receives a complaint described in Subsection (2)(a) may:
    • (i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or
    • (ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201:
      • (A) regardless of whether the municipality has established a municipal ethics commission; or
      • (B) if the municipality has not established a municipal ethics commission.

• (3) If the alleged ethics complaint is against a person who is a member of the municipal ethics commission, the complaint shall be filed with or forwarded to the Political Subdivisions Ethics Review Commission.

Amended by Chapter 461, 2018 General Session