§ 36-25-4.4 — State Ethics Commission - Required Disclosure of Information

Alabama § 36-25-4.4

• Jurisdiction: Alabama
• Title 36: Public Officers and Employees
• Ch. 25: Code of Ethics for Public Officials, Employees, Etc

Text

(a) Notwithstanding any other provision of law, prior to any hearing before the State Ethics Commission pursuant to Section 36-25-4(e), for a violation of this chapter or Chapter 5 of Title 17, or issuance of an order for administrative resolution of an alleged violation of this chapter or Chapter 5 of Title 17, whether by issuing an order or levying a fee or penalty, a lawyer or prosecutor assigned to, or employed by, the State Ethics Commission shall provide to the respondent alleged to have violated the law the complaint together with any statement, evidence, or information received from the complainant, witnesses, or other individuals or discovered in the course of the investigation; provided, however, any information provided to the respondent shall be kept confidential until the conclusion of any proceedings before the commission or any resulting prosecution.
(b) Upon referral of a case by the State Ethics Commission to the Attorney General or to a district attorney, all evidence obtained by, or in the possession of, the State Ethics Commission shall be provided upon referral to the prosecuting entity and may be disclosed pursuant to the Alabama Rules of Criminal Procedure or as otherwise provided by law.
(c) If the commission or its employees disclose information to the respondent that the commission or its employees believe is exculpatory, neither the commission nor its employees are liable for violating the restrictions relating to secrecy and nondisclosure of information provided in subsections (c) and (d) of Section 36-25-4.

Legislative History

(Act 2023-543, §1.)