Criminal allegation -- Recommendation to county or district attorney or attorney general.

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  • (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.




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