130.054. Complaint, filing procedure, when--ethics commission to investigate, procedure--limitation on accepting complaints.
Complaint, filing procedure, when--ethics commission to investigate,procedure--limitation on accepting complaints.
130.054. 1. Notwithstanding the provisions of subsection 3 ofsection 105.957, RSMo, any natural person may file a complaint with theMissouri ethics commission alleging failure to timely or accurately file apersonal financial disclosure statement, a campaign finance disclosurereport or a violation of the provisions of this chapter by any candidatefor elective office, within sixty days prior to the primary election atwhich such candidate is running for office, until after the generalelection. Any such complaint shall be in writing, shall state all factsknown by the complainant which have given rise to the complaint, and shallbe sworn to, under penalty of perjury, by the complainant.
2. Within the first business day after receipt of a complaintpursuant to this section, the executive director shall supply a copy of thecomplaint to the person or entity named in the complaint, deleting anymaterial identifying the name of the complainant. The executive directorshall notify the complainant and the person or entity named in thecomplaint of the date and time at which the commission shall audit andinvestigate the allegations contained in the complaint pursuant tosubsection 3 of this section.
3. Within fifteen business days of receipt of a complaint pursuant tothis section, the commission shall audit and investigate the allegationscontained in the complaint and shall determine by a vote of at least fourmembers of the commission that there are reasonable grounds to believe thata violation of law has occurred within the jurisdiction of the commission.The respondent may reply in writing or in person to the allegationscontained in the complaint and may state justifications to dismiss thecomplaint. The complainant may also present evidence in support of theallegations contained in the complaint, but such evidence shall be limitedin scope to the allegations contained in the original complaint, and suchcomplaint may not be supplemented or otherwise enlarged in scope.
4. If, after audit and investigation of the complaint and upon a voteof at least four members of the commission, the commission determines thatthere are reasonable grounds to believe that a violation of law hasoccurred within the jurisdiction of the commission, the commission shallproceed with such complaint as provided by sections 105.957 to 105.963,RSMo. If the commission does not determine that there are reasonablegrounds to believe that such a violation of law has occurred, the complaintshall be dismissed. If a complaint is dismissed, the fact that suchcomplaint was dismissed, with a statement of the nature of the complaint,shall be made public within twenty-four hours of the commission's action.
5. Any complaint made pursuant to this section, and all proceedingsand actions concerning such a complaint, shall be subject to the provisionsof subsection 15 of section 105.961, RSMo.
6. No complaint shall be accepted by the commission within fifteendays prior to the primary or general election at which such candidate isrunning for office.
(L. 1994 S.B. 650, A.L. 1997 S.B. 16, A.L. 2006 H.B. 1900)Effective 1-01-07