63A-15-705. Criminal allegation -- Recommendation to county or district attorney or attorney general.

238 words·~1 min read·/ut/title-63a/chapter-15/63a-15-705·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/8/2018

(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 and Amended by Chapter 461 , 2018 General Session