§ 63A-15-601 — Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice.

(1) Within 10 business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine the complaint to determine if it is in compliance with Sections 63A-15-301 and 63A-15-501.
(2) (2)(a) If the chair determines that the complaint does not comply with Sections 63A-15-301 and 63A-15-501, the chair shall:
(2)(a)(i) return the complaint to the first complainant named on the complaint with:

(2)(a)(i)(A) a statement detailing the reason for the non-compliance; and
(2)(a)(i)(B) a copy of the applicable provisions in this chapter; and
(2)(a)(ii) notify the applicable political subdivision governing body that:

(2)(a)(ii)(A) a complaint was filed against an unidentified political subdivision officer or employee but was returned for non-compliance with this chapter; and
(2)(a)(ii)(B) the fact that a complaint was filed and returned shall be kept confidential until the commission submits its annual summary data report as required by Section 63A-15-202.
(2)(b) If a complaint is returned for non-compliance with the requirements of this chapter, a complainant may file another complaint if the new complaint independently meets the requirements of Sections 63A-15-301 and 63A-15-501, including any requirements for timely filing.
(3) If the chair determines that the complaint complies with the requirements of this section, the chair shall:

(3)(a) accept the complaint;
(3)(b) notify each member of the commission that the complaint has been filed and accepted;
(3)(c) notify the applicable political subdivision that:
(3)(c)(i) a complaint has been filed against an unidentified political subdivision officer or employee;
(3)(c)(ii) the identity of the political subdivision officer or employee and the allegations raised in the complaint are confidential pending the commission's preliminary review of the complaint; and
(3)(c)(iii) the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint via:

(3)(c)(iii)(A) notice of the commission's review of a complaint in accordance with Section 63A-15-701; or
(3)(c)(iii)(B) submission of the commission's annual summary data report as required in Section 63A-15-202; and
(3)(d) promptly forward the complaint to the political subdivision officer or employee who is the subject of the ethics complaint via personal delivery or a delivery method that provides verification of receipt, together with a copy of this chapter and notice of the officer's or employee's deadline for filing a response to the complaint if the complaint is not dismissed under Section 63A-15-602.

Legislative History

Renumbered and Amended by Chapter 461, 2018 General Session