(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