2.16.345 Filing of ethics complaints with commission.
A. A complaint may only be filed with the commission under the following conditions:
1. The complaint must be against an elected officer or city manager/chief administrative officer of Midvale City who is currently serving in their elected position and allege a violation of the Municipal Officers’ and Employees’ Ethics Act;
2. The complaint must be filed with the city recorder of Midvale City on behalf of the commission;
3. The complaint must be made by either:
a. Two or more registered voters who reside within the boundaries of Midvale City; or
b. Two or more registered voters who pay a fee or tax to Midvale City; or
c. One or more registered voters who reside within the boundaries of Midvale City, plus one or more registered voters who pay a fee or tax to Midvale City;
4. The complaint must be based upon direct evidence or sworn statements by one or more people with actual knowledge of the facts and circumstances supporting the alleged ethics violation;
5. The complaint may not be filed during the sixty calendar days immediately before a municipal primary election, if the accused elected officer or city manager/chief administrative officer is a candidate in the primary election;
6. The complaint may not be filed during the sixty calendar days immediately before a municipal general election in which the accused elected officer or city manager/chief administrative officer is a candidate, unless the accused elected official or city manager/chief administrative officer is unopposed in the election;
7. The complaint must be in writing and contain:
a. The name and position of the elected officer or city manager/chief administrative officer alleged to be in violation;
b. The name, address, and telephone number of each individual who is filing the complaint;
c. A description of each alleged violation of the Municipal Officers’ and Employees’ Ethics Act, including a reference to the section of the Act alleged to have been violated;
d. With reasonable specificity, evidence supporting each allegation, which shall be provided by copies of official records, documentary evidence, or affidavits that include the required information;
e. A list of witnesses that a complainant wishes to have called or interviewed, including for each witness: the name, address, and, if available, one or more telephone numbers of the witness; a brief summary of the testimony to be provided by the witness; a specific description of any documents or evidence a complainant desires the witness to produce;
f. A statement that each complainant:
i. Has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the complaint;
ii. Believes that the complaint is submitted in good faith and not for any improper purpose such as harassing the named elected officer or city manager/chief administrative officer, causing unwarranted harm to the accused elected officer or city manager/chief administrative officer’s reputation, or causing unnecessary expenditure of public funds; and
iii. Believes the allegations contained in the complaint to be true and accurate;
g. A statement with the signature of each complainant.
B. Upon receipt of any ethics complaint, the city recorder shall immediately refer the complaint to the commission. The City recorder shall not notify or inform any other person of the filing of the complaint.
C. A person filing a complaint under this article is not entitled to reimbursement for attorney’s fees or costs incurred, regardless of the outcome of the proceedings. (Ord. 2013-01 (part))