§ 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:

(2)(a) the name, address, and telephone number of the respondent;
(2)(b) for each alleged ethics violation in the complaint:
(2)(b)(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);
(2)(b)(ii) the facts and circumstances refuting the allegation, which shall be provided by:

(2)(b)(ii)(A) copies of official records or documentary evidence; or
(2)(b)(ii)(B) one or more affidavits, each of which shall comply with Subsection (4);
(2)(c) a list of the witnesses that the respondent wishes to have called, including for each witness:
(2)(c)(i) the name, address, and, if available, telephone number of the witness;
(2)(c)(ii) a brief summary of the testimony to be provided by the witness; and
(2)(c)(iii) a specific description of any documents or evidence the respondent desires the witness to produce;
(2)(d) a statement that the respondent:
(2)(d)(i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
(2)(d)(ii) believes the contents of the response to be true and accurate; and
(2)(e) the signature of the respondent.
(3) Promptly after receiving the response, the commission shall provide copies of the response to:

(3)(a) each member of the commission; and
(3)(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:

(4)(a) the name, address, and telephone number of the signer;
(4)(b) a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;
(4)(c) the facts and circumstances testified to by the signer;
(4)(d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and
(4)(e) the signature of the signer.

Legislative History

Renumbered and Amended by Chapter 461, 2018 General Session