35-8-14. Notice to law enforcement officer of placement on Giglo list; investigation; impact.

Upon receipt of notice from a prosecuting attorney that a peace officer employed by the law enforcement agency has been placed on a Giglio list, such agency shall provide a copy of such notice to the affected peace officer in as timely manner as possible, not to exceed three days from the date of receipt. If the affected peace officer is no longer employed by the law enforcement agency that receives such notice, the law enforcement agency shall forward such notice to be served in person or delivered by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the affected peace officer.#

A law enforcement agency that employs an affected peace officer shall not demote, suspend, discharge, impose discipline, or take adverse employment action upon an affected peace officer solely based upon the placement of such peace officer’s name on a Giglio list.#

A law enforcement agency that employs an affected peace officer shall be authorized to demote, suspend, discharge, impose discipline, or take adverse employment action upon an affected peace officer when:#

1. (1)

   An internal investigation establishes, based upon a preponderance of the evidence, that a factual basis exists for the reason provided by the prosecuting attorney for placement of the affected peace officer on a Giglio list; or#

2. (2)

   The council has imposed discipline upon the affected peace officer for the conduct identified by the prosecuting attorney which was the basis for placement of such officer on the Giglio list.#