Current through the 2024 Fourth Special Session
Section 63A-15-705 - Criminal allegation - Recommendation to county or district attorney or attorney general(1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendation to a political subdivision governing body in accordance with Section 63A-15-704, send a written recommendation for further investigation to one or more of the following: (a) the county or district attorney of the applicable jurisdiction; or(b) the attorney general.(2) The written recommendation described in Subsection (1) shall: (a) list the name of each complainant;(b) list the name of the respondent;(c) state the date of the recommendation;(d) for each allegation of a criminal violation, provide a reference to the criminal provision allegedly violated;(e) include a general statement that is adopted by a majority of the members of the commission; and(f) state the name of the political subdivision governing body that the commission sent a recommendation to in accordance with Section 63A-15-704.(3) If the commission sends a recommendation in accordance with this section, the commission shall enter into the record: (a) a copy of the recommendation; and(b) the name of each person described in Subsection (1) to whom the commission sent the recommendation.(4) A recommendation prepared and delivered in accordance with this section is a public record.Renumbered from §11-49-705 and amended by Chapter 461, 2018 General Session ,§ 40, eff. 5/8/2018.Added by Chapter 202, 2012 General Session ,§ 27, eff. 9/1/2012.