1. (1) A county may establish by ordinance an ethics commission to review a complaint, except as provided in Subsection (3), against a county officer or county employee subject to this part for a violation of a provision of this part.

2. (2)

   1. (a) Except as provided in Subsection (3), a person filing a complaint for a violation of this part shall file the complaint:

      1. (i) with the county ethics commission, if the county has established a county ethics commission in accordance with Subsection (1); or
      2. (ii) with the Political Subdivisions Ethics Review Commission established in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the county has not established a county ethics commission.

   2. (b) A county that receives a complaint described in Subsection (2)(a) may:

      1. (i) accept the complaint if the county has established a county ethics commission in accordance with Subsection (1); or

      2. (ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201:

         1. (A) regardless of whether the county has established a county ethics commission; or
         2. (B) if the county has not established a county ethics commission.
3. (3) Any complaint against an individual who is under the merit system, charging the individual with a violation of this part, shall be filed and processed in accordance with the provisions of the merit system.

Renumbered and Amended by Chapter 13, 2025 Special Session 1