2-2-140. Complaint -- confidentiality. (1) A complaint filed under this part alleging a violation by an elected public officer is public information open to inspection.

(2) (a) If a complaint is filed under this part alleging a violation by a public employee or an unelected public officer, the complaint and related documents are confidential and may not be considered open for inspection.

(b) The complainant and the person who is the subject of the complaint shall maintain the confidentiality of the complaint and any related documents released to the parties by the enforcement officer until the enforcement officer issues an initial decision as to whether the complaint states a potential violation of this part.

(c) The person who is the subject of a complaint may waive, in writing, the right of confidentiality provided in this section. If a waiver is filed with the enforcement officer, the complaint and any related documents are public information open to inspection.

(3) If a complaint alleges a violation under this part by more than one person and at least one person is an elected public officer and at least one person is a public employee or an unelected public officer, the enforcement officer must release the portions of the complaint that relate to the elected public officer as provided by subsection (1) and must maintain the confidentiality of the portions of the complaint relating to the public employee or unelected public officer as provided by subsection (2). A complainant shall likewise maintain the confidentiality of the complaint and any related documents concerning the public employee or unelected public officer as provided by subsection (2).

(4) For the purposes of this section, the following definitions apply:

(a) "Elected" means chosen by vote or acclamation or appointed to a vacancy in an otherwise elected position.

(b) "Enforcement officer" means:

(i) the commissioner of political practices for actions brought under 2-2-136 or 2-2-144(6);

(ii) except as provided in subsection (4)(b)(i) or (4)(b)(iii), the county attorney for actions brought under 2-2-144; and

(iii) if a local government has established a three-member panel pursuant to 2-2-144(5), the three-member panel for actions brought under 2-2-144.

(c) "Unelected" means appointed to or employed in a position not subject to election.

History: En. Sec. 1, Ch. 156, L. 2019.