105.957. Receipt of complaints--form--investigation--dismissal of frivolous complaints, damages, public report.
Receipt of complaints--form--investigation--dismissal of frivolouscomplaints, damages, public report.
105.957. 1. The commission shall receive any complaints allegingviolation of the provisions of:
(1) The requirements imposed on lobbyists by sections 105.470 to105.478;
(2) The financial interest disclosure requirements contained insections 105.483 to 105.492;
(3) The campaign finance disclosure requirements contained in chapter130, RSMo;
(4) Any code of conduct promulgated by any department, division oragency 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 to105.468 and section 171.181, RSMo; and
(6) The provisions of the constitution or state statute or order,ordinance or resolution of any political subdivision relating to theofficial conduct of officials or employees of the state and politicalsubdivisions.
2. Complaints filed with the commission shall be in writing and filedonly by a natural person. The complaint shall contain all facts known bythe complainant that have given rise to the complaint and the complaintshall be sworn to, under penalty of perjury, by the complainant. Nocomplaint shall be investigated unless the complaint alleges facts which,if true, fall within the jurisdiction of the commission. Within five daysafter receipt of a complaint by the commission, a copy of the complaint,including the name of the complainant, shall be delivered to the allegedviolator.
3. No complaint shall be investigated which concerns alleged criminalconduct which allegedly occurred previous to the period of time allowed bylaw for criminal prosecution for such conduct. The commission may refuseto investigate any conduct which is the subject of civil or criminallitigation. The commission, its executive director or an investigatorshall not investigate any complaint concerning conduct which is notcriminal in nature which occurred more than two years prior to the date ofthe complaint. A complaint alleging misconduct on the part of a candidatefor public office, other than those alleging failure to file theappropriate financial interest statements or campaign finance disclosurereports, shall not be accepted by the commission within sixty days prior tothe primary election at which such candidate is running for office, anduntil after the general election.
4. If the commission finds that any complaint is frivolous in natureor finds no probable cause to believe that there has been a violation, thecommission shall dismiss the case. For purposes of this subsection,"frivolous" shall mean a complaint clearly lacking any basis in fact orlaw. Any person who submits a frivolous complaint shall be liable foractual and compensatory damages to the alleged violator for holding thealleged violator before the public in a false light. If the commissionfinds that a complaint is frivolous or that there is not probable cause tobelieve there has been a violation, the commission shall issue a publicreport to the complainant and the alleged violator stating withparticularity its reasons for dismissal of the complaint. Upon suchissuance, the complaint and all materials relating to the complaint shallbe a public record as defined in chapter 610, RSMo.
5. Complaints which allege violations as described in this sectionwhich are filed with the commission shall be handled as provided by section105.961.
(L. 1991 S.B. 262 § 2, A.L. 1997 S.B. 16, A.L. 2006 H.B. 1900)Effective 1-01-07