Section 705 - Criminal allegation -- Recommendation to county or district attorney or attorney general.

UT Code § 63A-15-705 (2019) (N/A)
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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.

(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.

(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.

(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.