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) (a) If the chair determines that the complaint does not comply with Sections 63A-15-301 and 63A-15-501, 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 in this chapter; and (ii) notify the applicable political subdivision governing body that: (A) a complaint was filed against an unidentified political subdivision officer or employee but was returned for non-compliance with this chapter; and (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. (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: (a) accept the complaint; (b) notify each member of the commission that the complaint has been filed and accepted; (c) notify the applicable political subdivision that: (i) a complaint has been filed against an unidentified political subdivision officer or employee; (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 (iii) the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint via: (A) notice of the commission's review of a complaint in accordance with Section 63A-15-701; or (B) submission of the commission's annual summary data report as required in Section 63A-15-202; and (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. Renumbered and Amended by Chapter 461, 2018 General Session
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