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House ethics panel to weigh complaint against Walker
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The leaders of the Utah House Ethics Committee have decided to hold a meeting of the full panel to consider allegations of elections-law violations against Rep. Mark Walker.

The Ethics co-chairmen will convene a public meeting of the committee Monday to consider allegations that Walker offered his rival in the state treasurer's race a job and pay increase if he would withdraw his candidacy.

"The eight members will review the complaint and see if there is enough information to move forward," said the chairman, Rep. Todd Kiser, R-Sandy.

If they decide to proceed into a preliminary inquiry, they will go into closed session, in accord with legislative rules, Kiser said.

Attorneys for the five lawmakers who filed the complaint against Walker have indicated they will resist a closed-door process, arguing it should be public under the state's open meetings law.

Kiser met with co-chairwoman LuWanna Shurtliff, D-Ogden, legislative attorneys and staff Monday to discuss how they will proceed with the matter.

The complaint was signed last week by five House members - two Republicans and three Democrats - seeking a probe into allegations that Walker offered Republican Richard Ellis a job and pay hike if he would drop out.

Utah law prohibits such an enticement.

Walker denies the allegation, saying he did nothing illegal or improper.

The complaint - brought by Republican Reps. Sheryl Allen and Steve Mascaro and Democratic Reps. Neil Hansen, Roz McGee and Phil Riesen - also asks the panel to look into related allegations, including whether an unnamed lawmaker colluded with Walker.

Ellis defeated Walker in the June 24 primary election in what was one of the most ferocious contests the state has seen for the treasurer's office.

Walker had the backing of top leaders of the House and Senate, while Ellis, currently serving as chief deputy treasurer, was supported by outgoing Treasurer Ed Alter and local treasurers.

Walker's defeat made moot a civil complaint filed by Ellis with the lieutenant governor. The penalty available for the alleged offense was removal from the ballot or from office, had he been elected.

But Attorney General Mark Shurtleff has tapped two county attorneys as special counsel to investigate whether a misdemeanor criminal violation may have occurred.

The ethics probe in the Legislature is noncriminal in nature and a guilty finding brings penalties ranging from a reprimand to expulsion. The Ethics Committee has no power to impose a penalty, but makes recommendations to the full House.

Kiser, who was appointed to head the committee in January 2007, has never had occasion to convene the panel.

The last case that met the threshold of having three members file a formal complaint was 10 years ago when then-House Speaker Mel Brown was accused of having an improper job discussion with a lobbyist. Brown was cleared by the panel.

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