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An ethics complaint, signed by five state lawmakers and filed Wednesday on Capitol Hill, calls for an investigation into one of their own - outgoing Rep. Mark Walker, R-Sandy.
Republican Reps. Sheryl Allen, of Bountiful; and Steve Mascaro, of West Jordan, joined Democratic Reps. Neil Hansen, of Ogden; Roz McGee, of Salt Lake City; and Phil Riesen, of Holladay, to ask that the House Ethics Committee probe recent bribery allegations against Walker.
"They're empowered by the state Constitution to look into the character of its members and determine if there's cause to expel a member," said attorney Alan Smith, who has teamed with David Irvine to bring the charges forward.
Walker, who is finishing his second House term, lost his bid for the GOP nomination for state treasurer on Tuesday to Richard Ellis.
Ellis, the current chief deputy state treasurer, filed an election-code violation complaint with Lt. Gov. Gary Herbert in late May, alleging that Walker offered him a job and bump in pay to drop out of the race. Walker has denied the allegations, suggesting that any impropriety was on the part of Ellis.
The complaint asks that the Office of Legislative Research and General Counsel select an independent special prosecutor to conduct the investigation.
It also recommends that the House ethics hearings be open to the public.
"Given the nature of the evidence, which has led to the particular charges in this complaint, it is extremely important to find out who else was involved," Smith said.
"The evidence suggests co-conspirators," he added, referring to an affidavit signed by Ellis. In that sworn document, Ellis said Walker claimed to have talked to an unidentified person who could "make it happen," when questioned how he could promise increasing Ellis's pay from $104,000 to $160,000.
It takes the request of at least three lawmakers to initiate a legislative ethics investigation. The last such charge was a decade ago, when then-House Speaker Mel Brown was accused of improperly discussing a job prospect with a lobbyist.
Brown was cleared of wrongdoing by the panel of his peers.
Meanwhile, confusion abounds in how to handle the complaint Ellis filed with the Attorney General's Office last Thursday after the lieutenant governor postponed action on the case until the polls closed Tuesday.
Conflicting letters sent out by the Attorney General's Office on Wednesday leave the fate of Ellis' petition uncertain.
The first, sent by Chief Deputy Attorney General Kirk Torgensen, names Davis County Attorney Troy Rawlings and Weber County Attorney Mark DeCaria as special counsel to delve into Ellis' allegations against Walker.
The second letter, sent to Ellis' attorney, Dale Gardiner, regarding the complaint filed last Thursday, denies Ellis' request for special counsel and considers the charges now moot because Walker is no longer a candidate.
"I will operate under the premise that we are still special counsel and that the investigation is a go," Rawlings said Wednesday evening. "We'll need to wait and see how they interpret it, if they want us to pursue the criminal portion."
The new complaint against Rep. Walker asks for an investigation into four issues:
* (1) abuse of official position and whether Walker offered a job and a substantial salary increase to Richard Ellis if he would withdraw from the state treasurer's race;
* (2) potential criminal violations of election laws and whether another unnamed legislator colluded with Walker to offer assurances that the Ellis salary increase would be funded by the Legislature;
* (3) abuse of the constitutional rules on legislator behavior and whether a 2007 bill that gave the treasurer an unusual salary increase makes Walker guilty of an impermissible conflict of interest. (It also would have violated the state Constitution, preventing Walker from being a candidate in the race.)
* (4) whether these allegations, if accurate and taken together, violate the constitutional limitations on legislative compensation.
* Possible penalties: expulsion from the House, a felony record with a $1,000 fine and up to five years in prison.