CSHB 235(STA): "An Act requiring the Alaska Public Offices Commission, employees of the commission, and persons who file complaints with the commission to maintain the confidentiality of certain proceedings, documents, and information."
00 CS FOR HOUSE BILL NO. 235(STA) 01 "An Act requiring the Alaska Public Offices Commission, employees of the commission, 02 and persons who file complaints with the commission to maintain the confidentiality of 03 certain proceedings, documents, and information." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13.045 is amended by adding a new subsection to read: 06 (e) Proceedings of the commission relating to an investigation conducted 07 under this section concerning a potential violation of AS 15.13 or AS 39.50 are 08 confidential until the commission determines that a violation has occurred. Hearings 09 of the commission relating to the investigation are closed to the public until the 10 commission determines that a violation has occurred. All documents produced or 11 disclosed as a result of the commission's investigation are confidential and are not 12 public records for purposes of AS 40.25.110 - 40.25.140 until the commission 13 determines that a violation has occurred. A member or employee of the commission 14 may not knowingly make an unauthorized disclosure of information that is made
01 confidential under this section and that the member or employee acquired in the course 02 of the member's or employee's official duties. A person who violates this subsection 03 may be subject to prosecution under AS 11.56.860 or another law. The subject of the 04 investigation may waive the confidentiality provisions of this subsection. 05 * Sec. 2. AS 15.13.380(b) is amended to read: 06 (b) A person who believes a violation of this chapter or a regulation adopted 07 under this chapter has occurred or is occurring may file an administrative complaint 08 with the commission within five years after the date of the alleged violation. If a 09 member of the commission has filed the complaint, that member may not participate 10 as a commissioner in any proceeding of the commission with respect to the complaint. 11 The commission may consider a complaint on an expedited basis or a regular basis. 12 Except to the extent that the confidentiality provisions are waived by the subject 13 of the complaint under (l) of this section, the complainant shall keep confidential 14 the fact that the complainant has filed a complaint under this section as well as 15 the contents of the complaint filed. If the commission finds that a complainant 16 has violated any confidentiality provision, the commission shall immediately 17 dismiss the complaint. Dismissal of a complaint under this subsection does not 18 affect the right of the commission or any person other than the complainant to 19 initiate a complaint based on the same factual allegations. 20 * Sec. 3. AS 15.13.380 is amended by adding a new subsection to read: 21 (l) Proceedings of the commission relating to a complaint made under (b) of 22 this section are confidential until the commission determines that a violation of this 23 chapter has occurred. All meetings of the commission relating to a complaint are 24 closed to the public until the commission determines that a violation has occurred. The 25 complaint and all documents produced or disclosed as a result of the commission's 26 investigation are confidential and are not public records for purposes of AS 40.25.110 27 - 40.25.140 until the commission determines that a violation has occurred. A member 28 or employee of the commission may not knowingly make an unauthorized disclosure 29 of information that is made confidential under this section and that the member or 30 employee acquired in the course of the member's or employee's official duties. A 31 person who violates this subsection may be subject to prosecution under AS 11.56.860
01 or another law. The subject of the complaint may waive the confidentiality provisions 02 of this subsection. 03 * Sec. 4. AS 39.50.055 is amended by adding a new subsection to read: 04 (d) Proceedings of the commission relating to a complaint made under this 05 section are confidential until the commission determines that a violation of this 06 chapter has occurred. All meetings of the commission relating to a complaint are 07 closed to the public until the commission determines that a violation of this chapter 08 has occurred. Until the commission determines that a violation has occurred, the 09 complaint and all documents produced or disclosed as a result of the commission's 10 investigation are confidential and are not public records for purposes of AS 40.25.110 11 - 40.25.140. A member or employee of the commission may not knowingly make an 12 unauthorized disclosure of information that is made confidential under this section and 13 that the member or employee acquired in the course of the member's or employee's 14 official duties. A person who violates this subsection may be subject to prosecution 15 under AS 11.56.860 or another law. Except to the extent that the confidentiality 16 provisions are waived by the subject of the complaint under this subsection, the person 17 filing a complaint shall keep confidential the fact that the person has filed a complaint 18 under this section as well as the contents of the complaint filed. If the commission 19 finds that a complainant has violated any confidentiality provision, the commission 20 shall immediately dismiss the complaint. Dismissal of a complaint under this 21 subsection does not affect the right of the commission or any person other than the 22 complainant to initiate a complaint based on the same factual allegations. The subject 23 of the complaint may waive the confidentiality provisions of this subsection.