(1) The commission has jurisdiction only over an individual who is a political subdivision officer or employee. (2) The commission shall dismiss an ethics complaint if: (a) the respondent resigns or is terminated from the political subdivision; or (b) except as provided in Subsection (3): (i) the respondent is charged with a criminal violation of: (A) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; (B) Title 17, Chapter 70, Part 5, Disclosure Duties Applicable to All County Officers; or (C) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and (ii) the facts and allegations presented in the ethics complaint assert the same or similar facts and allegations as those asserted in the criminal charges. (3) If an ethics complaint asserts an ethics violation in addition to a criminal violation described in Subsection (2)(b), the commission shall: (a) dismiss an allegation described in Subsection (2)(b)(ii); and (b) proceed with any remaining allegation in the complaint.
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