§ 29-3-114. CONFIDENTIAL CHARACTER OF INFORMATION RELATED TO INVESTIGATION.  


Latest version.
  • (a)

    No publicity. During the investigation of a complaint alleging a violation of this article and until matters related to the complaint reach the administrative hearing stage, the Commission shall conduct its activities without publicity.

    (b)

    Information held confidential.

    (1)

    Except as provided in paragraphs (2) through (4) of this subsection, the Executive Director and members of the Commission shall hold confidential information that would tend to disclose the identity of the complainant and respondent.

    (2)

    Information may be released if the complainant and the respondent agree in writing to release the information.

    (3)

    The Commission may disclose to the respondent the identity of the complainant.

    (4)

    The Commission may cooperate with federal and state agencies and make available to federal and state agencies its files and investigative data, if the County Attorney is satisfied that the agencies will preserve the confidentiality of the data provided and have a need to know the information.

    (c)

    Violations; penalty.

    (1)

    A Commission member or staff member of the Commission who violates this section is guilty of a misdemeanor.

    (2)

    A Commission member who violates this section shall be removed from office.

    (3)

    A staff member who violates this section shall be discharged.

(1988 Code, § 19-46) (Bill No. 31-00, § 2, 7-1-2004)