§ 1231. Records; confidentiality [Effective September 1, 2027]
(a) Intent. It is the intent of this section both to protect the reputation of public servants
from public disclosure of frivolous complaints against them and to fulfill the public’s
right to know any unethical conduct committed by a public servant that results in
issued warnings, reprimands, or recommended actions.
(b) Public records. Except as where otherwise provided in this chapter, public records relating to the
Commission’s handling of complaints, alleged unethical conduct, investigations, proceedings,
and executed resolution agreements are exempt from public inspection and copying under
the Public Records Act and shall be kept confidential, except those public records
required or permitted to be released under this chapter. Records subject to public
inspection and copying under the Public Records Act shall include:
(1) investigation reports relating to alleged unethical conduct determined to warrant
a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(2) at the request of the public servant or the public servant’s designated representative,
investigation reports relating to alleged unethical conduct determined to not warrant
a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(3) evidence produced in the open and public portions of Commission hearings;
(4) any warnings, reprimands, and recommendations issued by the Commission;
(5) any summaries of executed resolution agreements; and
(6) any records, as determined by the Commission, that support a warning, reprimand, recommendation,
or summary of an executed resolution agreement, including investigation reports in
accordance with subdivisions (1) and (2) of this subsection.
(c) Court orders. Nothing in this section shall prohibit the disclosure of any information regarding
alleged unethical conduct pursuant to an order from a court of competent jurisdiction,
or to a State or federal law enforcement agency in the course of its investigation,
provided the agency agrees to maintain the confidentiality of the information as provided
in subsection (b) of this section. (Added 2023, No. 171 (Adj. Sess.), § 14, eff. September 1, 2027; 2025, No. 44, § 3, eff. September 1, 2027.)