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Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 01 Jan 2007, 3 histories, see footnote bottom

  *105.957.  Receipt of complaints — form — investigation — dismissal of frivolous complaints, damages, public report. — 1.  The commission shall receive any complaints alleging violation of the provisions of:

  (1)  The requirements imposed on lobbyists by sections 105.470 to 105.478;

  (2)  The financial interest disclosure requirements contained in sections 105.483 to 105.492;

  (3)  The campaign finance disclosure requirements contained in chapter 130;

  (4)  Any code of conduct promulgated by any department, division or agency of state government, or by state institutions of higher education, or by executive order;

  (5)  The conflict of interest laws contained in sections 105.450 to 105.468 and section 171.181; and

  (6)  The provisions of the constitution or state statute or order, ordinance or resolution of any political subdivision relating to the official conduct of officials or employees of the state and political subdivisions.

  2.  Complaints filed with the commission shall be in writing and filed only by a natural person.  The complaint shall contain all facts known by the complainant that have given rise to the complaint and the complaint shall be sworn to, under penalty of perjury, by the complainant.  No complaint shall be investigated unless the complaint alleges facts which, if true, fall within the jurisdiction of the commission.  Within five days after receipt of a complaint by the commission, a copy of the complaint, including the name of the complainant, shall be delivered to the alleged violator.

  3.  No complaint shall be investigated which concerns alleged criminal conduct which allegedly occurred previous to the period of time allowed by law for criminal prosecution for such conduct.  The commission may refuse to investigate any conduct which is the subject of civil or criminal litigation.  The commission, its executive director or an investigator shall not investigate any complaint concerning conduct which is not criminal in nature which occurred more than two years prior to the date of the complaint.  A complaint alleging misconduct on the part of a candidate for public office, other than those alleging failure to file the appropriate financial interest statements or campaign finance disclosure reports, shall not be accepted by the commission within sixty days prior to the primary election at which such candidate is running for office, and until after the general election.

  4.  If the commission finds that any complaint is frivolous in nature or finds no probable cause to believe that there has been a violation, the commission shall dismiss the case.  For purposes of this subsection, "frivolous" shall mean a complaint clearly lacking any basis in fact or law.  Any person who submits a frivolous complaint shall be liable for actual and compensatory damages to the alleged violator for holding the alleged violator before the public in a false light.  If the commission finds that a complaint is frivolous or that there is not probable cause to believe there has been a violation, the commission shall issue a public report to the complainant and the alleged violator stating with particularity its reasons for dismissal of the complaint.  Upon such issuance, the complaint and all materials relating to the complaint shall be a public record as defined in chapter 610.

  5.  Complaints which allege violations as described in this section which are filed with the commission shall be handled as provided by section 105.961.

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(L. 1991 S.B. 262 § 2, A.L. 1997 S.B. 16, A.L. 2006 H.B. 1900, A.L. 2010 S.B. 844, A.L. 2018 S.B. 975 & 1024 Revision)

*Revisor's Note: S.B. 844 in 2010 amended this section.  S.B. 844 was declared unconstitutional (see Legends Bank v. State, 361 S.W.3d 383 (Mo. banc)). The S.B. 844 version of this section was repealed by S.B. 975 & 1024 Revision, 2018. This version of this section (the 2006 language from H.B. 1900, effective 1/1/2007), reprinted in accordance with Section 3.066, is the current version.

(2015) Requirement of closed hearing under section is valid under both First and Sixth Amendments.  Geier v. Missouri Ethics Comm'n, 474 S.W.3d 560 (Mo.).


---- end of effective   01 Jan 2007 ----

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