§368-4  Records; confidentiality;disclosure; reporting requirements.  (a)  All records of the investigationarising from a complaint filed with the commission shall be kept confidentialand shall not be disclosed to anyone; provided that any factual mattersprovided to the commission during the intake and investigation of thecomplaint, including complainant and respondent statements and documents,pre-complaint questionnaires, witness statements for which the witness has notrequested confidentiality, other documents received from witnesses, andcorrespondence with parties and witnesses may be disclosed:

(1)  As may be required by order of a court withjurisdiction in a case arising from a complaint filed with the commission; or

(2)  As may be requested by a party in a complaintfiled with the commission, if a complainant verifies in writing that thecomplainant has received a notice of right to sue pursuant to section 368-12and a civil action has been filed or the right to sue has not expired, or if arespondent verifies in writing that the complainant has filed a civil action.

(b)  All records of non-factual mattersrelating to the investigation and arising from a complaint filed with thecommission, including:

(1)  Settlement discussions;

(2)  Financial records;

(3)  Commission attorney communications and workproducts;

(4)  Confidential witness statements; and

(5)  Commission investigatory procedures, includingbut not limited to:

(A)  Training and educational discussionsbetween staff;

(B)  The case analysis manual;

(C)  Procedures and standards used in caseanalysis;

(D)  Investigatory directives;

(E)  Investigative plans, strategies, or goals;

(F)  Case reviews; and

(G)  Investigator notes, impressions,recommendations, and reports;

shall be considered confidential records except asotherwise provided by law.

(c)  The disclosure of records that are notrelated to the investigation arising from a complaint filed with the commissionshall be subject to chapter 92F.

(d)  The commission shall maintain completerecords of all complaints filed with the commission and shall compile annualstatistical data on the number of complaints filed and the status ordisposition of those complaints by types of complaints.

(e)  The commission shall provide to thegovernor and the legislature a report of that statistical data on an annualbasis, not less than thirty days prior to the convening of the legislativesession. [L 1988, c 219, pt of §1; am L 1989, c 386, §7; am L 1994, c 139, §1]