46-256. Same; confidentiality and determination of sufficiency; investigation; notification of attorney general of violation of other laws; dismissal or hearing on complaint; remedies and protections
46-256
46-256. Same; confidentiality and determination of sufficiency;investigation; notification of attorney general of violation of other laws;dismissal or hearing on complaint; remedies and protections for state employeesfiling complaints.(a) If the commission determines that a verified complaint does not allegefacts, directly or upon information and belief, sufficient to constitute aviolation of any provision of this act, it shall dismiss the complaint andnotify the complainant and respondent thereof.
(b) Whenever a complaint isfiled with the commission alleging a violation of any provision of thisact, such filing and the allegations therein shall be confidential andshall not be disclosed except as provided in this act.
(c) If the commissiondetermines that such verified complaint does allege facts, directly or uponinformation and belief, sufficient to constitute a violation of any of theprovisions of this act, the commission promptly shall investigate thealleged violation.
(d) The commission shallnotify the attorney general of any apparent violation of criminal law orother laws not administered by the commission, which is discovered duringthe course of any such investigation.
(e) If, afterthe investigation, the commissionfinds that probable cause does not exist for believing the allegations ofthe complaint, the commission shall dismiss the complaint. If after suchpreliminary investigation, the commission finds that probable cause existsfor believing the allegations of the complaint, such complaint shall nolonger be confidential and may be disclosed. Upon making any such finding,the commission shall fix a time for a hearing in the matter, which shall benot more than 30 days after such finding. In either event thecommission shall notify the complainant and respondent of itsdetermination.
(f) The remedies and protections provided by K.S.A. 75-2973 and amendmentsthereto shall be available to any state employee against whom disciplinaryaction has been taken for filing a complaint pursuant to this act.
History: L. 1974, ch. 353, § 42;L. 1988, ch. 181, § 1;L. 1991, ch. 150, § 30; July 1.