§84-32  Procedure.  (a)  With respect tolegislators and employees removable only by impeachment:  when the ethicscommission after due hearings pursuant to section 84-31(c) determines thatthere is sufficient cause to file a complaint against a legislator or anemployee removable only by impeachment, it shall issue a complaint and referthe matter to the appropriate body of the legislature.  The complaint shallcontain a statement of the facts alleged to constitute the violation.  Thecomplaint shall be a matter of public record.  The legislature shall takeappropriate disciplinary action unless it determines that disciplinary actionis not warranted and, within thirty days of the referral of the complaint,shall notify the commission of the action taken.  Days during which thelegislature is not in session shall not be included in determining thethirty-day period.  Any disciplinary action taken by the legislature, or thefact that no disciplinary action is taken, shall be a matter of public record.

(b)  With respect to employees other thanlegislators and employees removable only by impeachment:  when the commissiondetermines after due hearing pursuant to section 84-31(c) that there issufficient cause to file a complaint against an employee other than alegislator, or an employee removable only by impeachment, it shall issue acomplaint and refer the matter to the governor who shall take appropriatedisciplinary action unless the governor determines that disciplinary action isnot warranted.  The governor shall notify the commission of the disciplinaryaction taken or the fact that no disciplinary action was taken, within sixtydays of the referral of the complaint.  The complaint and any disciplinaryaction taken, or the fact that no disciplinary action is taken, shall be amatter of public record.

(c)  With respect to former employees andformer legislators, when the commission determines after due hearing pursuantto section 84-31(c) that there is sufficient cause to file a complaint againsta former employee or former legislator, it shall issue a complaint and referthe matter to the attorney general who may exercise whatever legal or equitableremedies which may be available to the State.  The complaint shall be a matterof public record.

(d)  With respect to delegates to theconstitutional convention removable only by impeachment: when the ethicscommission after due hearing pursuant to section 84-31(c) determines that thereis sufficient cause to file a complaint against a delegate to the constitutionalconvention, it shall issue a complaint and refer the matter to the appropriatebody of the constitutional convention.  The complaint shall be a matter ofpublic record.  The appropriate body of the constitutional convention shalltake appropriate disciplinary action unless it determines that disciplinaryaction is not warranted and, within thirty days of the referral of thecomplaint, shall notify the commission of the action taken.  Days during whichthe constitutional convention is not in session shall not be included indetermining the thirty-day period.  Any disciplinary action taken by theconstitutional convention, or the fact that no disciplinary action is taken,shall be a matter of public record. [L 1972, c 163, pt of §1; am L 1979, c 91,§9; am L 1980, c 87, §5; am L 1995, c 220, §4 and c 221, §2]