Section 39.52.335. Summary of disposition of complaints and review by personnel board.

   (a) When the attorney general initiates or receives a complaint under AS 39.52.310, the attorney general shall immediately forward a copy of the complaint to the personnel board.
   (b) Each month, the attorney general shall file a report with the personnel board concerning the status of each pending complaint and the resolution of complaints that have been closed since the previous report.
   (c) If a complaint is dismissed under AS 39.52.320 or resolved under AS 39.52.330, the attorney general shall promptly prepare a summary of the matter and provide a copy of the summary to the personnel board and the complainant. The summary is confidential unless the
        (1) dismissal or resolution agreed to under AS 39.52.320 or 39.52.330 is public; or
        (2) superior court makes the matter public under (h) of this section.
   (d) Within 15 days after receipt of a summary under this section, a complainant may file comments with the personnel board regarding the disposition of the complaint.
   (e) At its next regular meeting that begins more than 15 days after receipt of a summary under this section, the personnel board shall review the summary and comments, if any, filed by the complainant. The personnel board may compel the attendance of the subject of the complaint or the complainant at the meeting and may compel the production of documents. Attendance may be by teleconference. The attorney general or the attorney general's designee shall be available to respond to questions from the personnel board concerning the disposition of the complaint.
   (f) After review of the summary, the personnel board may issue a report on the disposition of the complaint. If the matter is confidential and the board determines that publication of the name of the subject is in the public interest, the report may include a recommendation that the matter be made public.
   (g) If the summary is confidential under (c) of this section,
        (1) comments filed by the complainant, if any, are confidential;
        (2) the personnel board shall conduct the review of the summary in executive session; and
        (3) the personnel board report, if any, is confidential; the personnel board shall make available to the public an expurgated copy of a confidential report with sufficient deletions and editing to prevent disclosure of the identity of the persons involved in the matter.
   (h) If the disposition of a complaint is not made public and the personnel board report under (f) of this section includes a recommendation that the matter be made public, an interested party may file an action against the state in superior court requesting that the court make public the complaint, the attorney general's disposition of the complaint, and the personnel board report. The court may order the matter or portions of the matter made public if the court determines that
        (1) the dismissal or resolution of the complaint was clearly contrary to the requirements of this chapter;
        (2) one or more of the allegations in the information to be released is supported by substantial evidence;
        (3) the matter concerns the public interest; and
        (4) release of the information will not infringe on any protected rights or liberties of the subject.

Authorities

39.52.320;39.52.340

Notes

References

AS 39.52.320 Dismissal before formal proceedings.
AS 39.52.340 Confidentiality.

History

(Sec. 97 ch 74 SLA 1998)