§ 5.80.060. Confidentiality.  


Latest version.
  • A.

    Except as may be necessary for the proper investigation and adjudication of a complaint, fulfillment of statutory reporting requirements or cooperation with other governmental agencies, or to report imminent threats of harm to self or others to the proper authorities, the identity of complainants and respondents and the contents of investigative files, including documents produced by the parties, shall not be disclosed to anyone other than the parties and the commission staff.

    B.

    Except as provided for in section 5.50.020 or otherwise provided by law, evidence contained in the investigative files shall not be disclosed. However, the evidence compiled by the staff during an investigation shall be available to the complaint or respondent in the following circumstances:

    1.

    At least ten days before a public hearing is held under 5.70;

    2.

    Upon request by complainant in preparation for a request for reconsideration pursuant to 5.60.030 within the time period specified for requesting reconsideration; or

    3.

    To comply with a subpoena issued by a court in which the complainant filed a complaint alleging discrimination based on the same facts and issues as were raised in the commission complaint or investigation.

    C.

    In addition, the commission my issue public statements describing or warning of a course of conduct that constitutes or will constitute an unlawful practice under this title, and the commission may also make information public if necessary to perform its duties or exercise its powers under title 5.

    (AR No. 92-223(S); AR No. 96-174, § 11, 10-22-96; AO No. 2002-163, § 25, 1-7-03; AO No. 2008-16, § 5, 3-18-08)

    Note— Formerly AMCR 5.70.003. See the Code Comparative Table.