(1) Within five 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 Section 53E-3-1305. (2) (a) If the chair determines that the complaint does not comply with Section 53E-3-1305, the chair shall: (i) return the complaint to the first complainant named on the complaint with: (A) a statement detailing the reason for the non-compliance; and (B) a copy of the applicable provisions of this part; and (ii) notify the board chair and board leadership that: (A) a complaint was filed against a board member but was returned for non-compliance; and (B) the fact that a complaint was filed and returned shall be kept confidential. (b) If a complaint is returned for non-compliance with the requirements of this part, the complainants may file another complaint if the new complaint independently meets the requirements of Section 53E-3-1305, including any requirements for timely filing. (3) If the chair determines that the complaint complies with the requirements of Section 53E-3-1305, the chair shall: (a) accept the complaint; (b) notify the board chair and board leadership: (i) that a complaint has been filed against a board member; (ii) of the identity of the board member who is the subject of the complaint and the identity of the person or persons filing the complaint; (iii) of the nature of the allegations contained in the complaint; and (iv) of the fact that a complaint was filed, the nature of the allegations raised in the complaint, and the identity of the board member and that the complainants shall be kept confidential until the commission publicly discloses the existence of the complaint; (c) notify each member of the commission that the complaint has been filed and accepted and that the existence of and contents of the complaint and the identities of the parties shall be kept confidential; and (d) promptly forward the complaint to the board member who is the subject of the ethics complaint via personal delivery or a delivery method that provides verification of receipt, together with: (i) notice that the existence of and contents of the complaint, and the identities of the parties, are confidential and should not be publicly disclosed; (ii) a copy of the applicable provisions of this part; and (iii) notice of the board member's deadline for filing a response to the complaint.
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