Bill Text: IL HB5464 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the State Officials and Employees Ethics Act. With respect to Inspectors General and Ethics Commissions, makes changes concerning: removal; budgets; monitoring of State hiring; disclosure of summary reports; and consolidation of offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5464 Detail]
Download: Illinois-2009-HB5464-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | ||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 20-10, 20-50, 20-95, 25-10, 25-50, | ||||||||||||||||||||||||||||||||||||||||
6 | 25-95, and 30-5 and by adding the heading of Article 60 and | ||||||||||||||||||||||||||||||||||||||||
7 | Section 60-5 as follows:
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8 | (5 ILCS 430/20-10)
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9 | Sec. 20-10. Offices of Executive Inspectors General.
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10 | (a) Five independent Offices of the Executive Inspector | ||||||||||||||||||||||||||||||||||||||||
11 | General are
created,
one each for the Governor, the Attorney | ||||||||||||||||||||||||||||||||||||||||
12 | General, the Secretary of State, the
Comptroller, and the | ||||||||||||||||||||||||||||||||||||||||
13 | Treasurer. Each Office shall be under the direction and
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14 | supervision
of an Executive Inspector General and shall be a | ||||||||||||||||||||||||||||||||||||||||
15 | fully independent office with
separate
appropriations.
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16 | (b) The Governor, Attorney General, Secretary of State, | ||||||||||||||||||||||||||||||||||||||||
17 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||||||||||||||||||||||||||||||||||||
18 | Inspector General, without regard to
political affiliation and | ||||||||||||||||||||||||||||||||||||||||
19 | solely on the basis of integrity and
demonstrated ability.
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20 | Appointments shall be made by and with the advice and consent | ||||||||||||||||||||||||||||||||||||||||
21 | of the
Senate by three-fifths of the elected members concurring | ||||||||||||||||||||||||||||||||||||||||
22 | by record vote.
Any nomination not acted upon by the Senate | ||||||||||||||||||||||||||||||||||||||||
23 | within 60 session days of the
receipt thereof shall be deemed |
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1 | to have received the advice and consent of
the Senate. If, | ||||||
2 | during a recess of the Senate, there is a vacancy in an office
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3 | of Executive Inspector General, the appointing authority shall | ||||||
4 | make a
temporary appointment until the next meeting of the | ||||||
5 | Senate when the
appointing authority shall make a nomination to | ||||||
6 | fill that office. No person
rejected for an office of Executive | ||||||
7 | Inspector General shall, except by the
Senate's request, be | ||||||
8 | nominated again for that office at the same session of
the | ||||||
9 | Senate or be appointed to that office during a recess of that | ||||||
10 | Senate.
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11 | Nothing in this Article precludes the appointment by the | ||||||
12 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
13 | or Treasurer of any other inspector general
required or
| ||||||
14 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
15 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
16 | inspector general as the Executive Inspector
General
required | ||||||
17 | by this
Article, provided that such an inspector general is not | ||||||
18 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
19 | interest from serving as the Executive
Inspector General
| ||||||
20 | required by
this Article.
An appointing authority may not | ||||||
21 | appoint a relative as an Executive Inspector
General.
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22 | Each Executive Inspector General shall have the following | ||||||
23 | qualifications:
| ||||||
24 | (1) has not been convicted of any felony under the laws | ||||||
25 | of this State,
another State, or the United States;
| ||||||
26 | (2) has earned a baccalaureate degree from an |
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| |||||||
1 | institution of higher
education; and
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2 | (3) has 5 or more years of cumulative service (A) with | ||||||
3 | a federal,
State, or
local law enforcement agency, at least | ||||||
4 | 2 years of which have been in a
progressive investigatory | ||||||
5 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
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6 | as a
senior manager or executive of a federal, State, or | ||||||
7 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
8 | federal judge; or (E) representing any combination of (A) | ||||||
9 | through (D).
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10 | The term of each initial Executive Inspector General shall
| ||||||
11 | commence upon qualification and shall run through June 30, | ||||||
12 | 2008. The
initial appointments shall be made within 60 days | ||||||
13 | after the effective
date of this Act.
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14 | After the initial term, each Executive Inspector General | ||||||
15 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
16 | of appointment
and running through June 30 of the fifth | ||||||
17 | following year. An
Executive Inspector General may be | ||||||
18 | reappointed to one or more
subsequent terms.
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19 | A vacancy occurring other than at the end of a term shall | ||||||
20 | be filled
by the appointing authority only for the balance of | ||||||
21 | the term of the Executive
Inspector General whose office is | ||||||
22 | vacant.
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23 | Terms shall run regardless of whether the position is | ||||||
24 | filled.
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25 | (c) The Executive Inspector General appointed by the | ||||||
26 | Attorney General shall
have jurisdiction over the Attorney |
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1 | General and all officers and employees of,
and vendors and | ||||||
2 | others doing business with,
State agencies within the | ||||||
3 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
4 | General appointed by the Secretary of State shall have | ||||||
5 | jurisdiction
over the Secretary of State and all officers and | ||||||
6 | employees of, and vendors and
others doing business with, State | ||||||
7 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
8 | Executive Inspector General
appointed by the Comptroller shall | ||||||
9 | have jurisdiction over the Comptroller and
all officers and | ||||||
10 | employees of, and vendors and others doing business with,
State | ||||||
11 | agencies within the jurisdiction of the Comptroller. The
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12 | Executive Inspector General appointed by the Treasurer shall | ||||||
13 | have jurisdiction
over the Treasurer and all officers and | ||||||
14 | employees of, and vendors and others
doing business with, State | ||||||
15 | agencies within the jurisdiction
of the Treasurer. The | ||||||
16 | Executive Inspector General appointed by the Governor
shall | ||||||
17 | have jurisdiction over the Governor, the Lieutenant Governor, | ||||||
18 | and all
officers and employees of, and vendors and others doing | ||||||
19 | business with,
executive branch State agencies under the | ||||||
20 | jurisdiction of the
Executive Ethics Commission and not within | ||||||
21 | the jurisdiction of the
Attorney
General, the Secretary of | ||||||
22 | State, the Comptroller, or the Treasurer.
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23 | The jurisdiction of each Executive Inspector General is to | ||||||
24 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
25 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
26 | violations of this Act or violations of other related
laws and |
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1 | rules.
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2 | (d) The compensation for each Executive Inspector General | ||||||
3 | shall be
determined by the Executive Ethics Commission and | ||||||
4 | shall be made from appropriations made to the Comptroller for | ||||||
5 | this purpose. | ||||||
6 | (d-5) Subject to Section 20-45 of this Act, each
Executive | ||||||
7 | Inspector General has full
authority
to organize his or her | ||||||
8 | Office of the Executive Inspector General, including the
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9 | employment and determination of the compensation of staff, such | ||||||
10 | as deputies,
assistants, and other employees, as | ||||||
11 | appropriations permit. Each Office of the Executive Inspector | ||||||
12 | General must include an administrative and investigative unit | ||||||
13 | dedicated solely to the proactive monitoring and review of the | ||||||
14 | hiring practices and activities of the State agencies under the | ||||||
15 | jurisdiction of that Executive Inspector General. Each Office | ||||||
16 | of the Executive Inspector General shall be given full access | ||||||
17 | to all hiring information of the State agencies under the | ||||||
18 | jurisdiction of that Executive Inspector General. A separate
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19 | appropriation
shall be made for each Office of Executive | ||||||
20 | Inspector General.
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21 | (e) No Executive Inspector General or employee of the | ||||||
22 | Office of
the Executive Inspector General may, during his or | ||||||
23 | her term of appointment or
employment:
| ||||||
24 | (1) become a candidate for any elective office;
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25 | (2) hold any other elected or appointed public office
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26 | except for appointments on governmental advisory boards
or |
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1 | study commissions or as otherwise expressly authorized by | ||||||
2 | law;
| ||||||
3 | (3) be actively involved in the affairs of any | ||||||
4 | political party or
political organization; or
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5 | (4) advocate for the appointment of another person to | ||||||
6 | an appointed or elected office or position or actively | ||||||
7 | participate in any campaign for any
elective office.
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8 | In this subsection an appointed public office means a | ||||||
9 | position authorized by
law that is filled by an appointing | ||||||
10 | authority as provided by law and does not
include employment by | ||||||
11 | hiring in the ordinary course of business.
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12 | (e-1) No Executive Inspector General or employee of the | ||||||
13 | Office of the
Executive Inspector General may, for one year | ||||||
14 | after the termination of his or
her appointment or employment:
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15 | (1) become a candidate for any elective office;
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16 | (2) hold any elected public office; or
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17 | (3) hold any appointed State, county, or local judicial | ||||||
18 | office.
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19 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
20 | be waived by the
Executive Ethics Commission.
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21 | (f) An Executive Inspector General may be removed only for | ||||||
22 | cause and may
be removed only after by the appointing | ||||||
23 | constitutional officer certifies to the Senate the reasons for | ||||||
24 | removal, the Senate conducts a public evidentiary hearing on | ||||||
25 | the reasons, and a majority of the Senate subsequently votes to | ||||||
26 | remove the Executive Inspector General. After . At the time of |
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| |||||||
1 | the
removal,
the appointing constitutional officer must report | ||||||
2 | to the Executive Ethics
Commission the
justification for the
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3 | removal.
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4 | (Source: P.A. 96-555, eff. 8-18-09.)
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5 | (5 ILCS 430/20-50)
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6 | Sec. 20-50. Investigation reports.
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7 | (a) If an Executive Inspector General, upon the conclusion | ||||||
8 | of an
investigation, determines that reasonable cause exists to | ||||||
9 | believe that a
violation
has occurred, then
the Executive | ||||||
10 | Inspector General shall issue a summary report of the
| ||||||
11 | investigation. The report shall be delivered to the
appropriate | ||||||
12 | ultimate jurisdictional
authority and to the head of each State
| ||||||
13 | agency
affected by or involved in the investigation, if | ||||||
14 | appropriate. The appropriate ultimate jurisdictional authority | ||||||
15 | or agency head shall respond to the summary report within 20 | ||||||
16 | days, in writing, to the Executive Inspector General. The | ||||||
17 | response shall include a description of any corrective or | ||||||
18 | disciplinary action to be imposed.
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19 | (b) The summary report of the investigation shall include | ||||||
20 | the following:
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21 | (1) A description of any allegations or other | ||||||
22 | information
received by the Executive Inspector General | ||||||
23 | pertinent to the
investigation.
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24 | (2) A description of any alleged misconduct discovered | ||||||
25 | in the
course of the investigation.
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1 | (3) Recommendations for any corrective or disciplinary
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2 | action to be taken in response to any alleged misconduct | ||||||
3 | described in the
report, including but not limited to | ||||||
4 | discharge.
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5 | (4) Other information the Executive Inspector General
| ||||||
6 | deems relevant to the investigation or resulting | ||||||
7 | recommendations.
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8 | (b-5) Within 60 days after delivery of a summary report, | ||||||
9 | the Executive Ethics Commission shall make the report public | ||||||
10 | unless within that 60-day period the Executive Inspector | ||||||
11 | General certifies to the Executive Ethics Commission that | ||||||
12 | publication of the summary report will interfere with an | ||||||
13 | ongoing investigation. When the Inspector General so | ||||||
14 | certifies, the Executive Ethics Commission shall publish the | ||||||
15 | report (i) within 6 months after the date of that | ||||||
16 | certification, if the ongoing investigation does not involve a | ||||||
17 | criminal matter, or (ii) within 2 years after the date of that | ||||||
18 | certification, if the ongoing investigation involves a | ||||||
19 | criminal matter. If the ongoing investigation involves a | ||||||
20 | criminal matter, the Executive Inspector General, every 6 | ||||||
21 | months until publication of the report, must certify to the | ||||||
22 | Executive Ethics Commission that publication will interfere | ||||||
23 | with the ongoing investigation. | ||||||
24 | The name of a State employee for whom discipline is | ||||||
25 | recommended in a summary report required to be published under | ||||||
26 | this subsection shall not be redacted from the report under |
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1 | this Act or the Freedom of Information Act if the employee is | ||||||
2 | required to file a statement of economic interests under the | ||||||
3 | Illinois Governmental Ethics Act or the employee is alleged to | ||||||
4 | have violated Section 5-15, Section 5-45, or Article 10 of this | ||||||
5 | Act. Regarding summary reports required to be published under
| ||||||
6 | this subsection that recommend discipline for any other State
| ||||||
7 | employee, the Executive Ethics Commission shall determine
| ||||||
8 | whether it is in the public interest to publish or redact the
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9 | name of the State employee. | ||||||
10 | Notwithstanding the foregoing, the Inspector General may
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11 | redact information in summary reports that would reveal the
| ||||||
12 | identity of witnesses, complainants, or informants before
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13 | publication if the Inspector General determines that it is | ||||||
14 | appropriate to protect their identity. | ||||||
15 | When the summary report is made public, the disciplinary
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16 | decision and justification from the State agency should also be
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17 | made public, along with any response from the employee if the
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18 | employee wishes. | ||||||
19 | (c) Within 30 days after receiving a response from the | ||||||
20 | appropriate ultimate jurisdictional authority or agency head | ||||||
21 | under subsection (a),
the Executive Inspector General shall | ||||||
22 | notify the Commission and the Attorney General if the Executive | ||||||
23 | Inspector General believes that a complaint should be filed | ||||||
24 | with the Commission. If the Executive Inspector General desires | ||||||
25 | to file a
complaint with the Commission, the Executive | ||||||
26 | Inspector General shall submit the summary report and |
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1 | supporting documents to the
Attorney General. If the Attorney | ||||||
2 | General concludes that there is insufficient evidence that a | ||||||
3 | violation has occurred, the Attorney General shall notify the | ||||||
4 | Executive Inspector General and the Executive Inspector | ||||||
5 | General shall deliver to the Executive Ethics Commission a copy | ||||||
6 | of the summary report and response from the ultimate | ||||||
7 | jurisdictional authority or agency head.
If the Attorney | ||||||
8 | General determines
that reasonable cause exists to believe that | ||||||
9 | a violation has occurred, then the
Executive Inspector
General, | ||||||
10 | represented by the Attorney
General, may file with the | ||||||
11 | Executive Ethics Commission a complaint.
The complaint shall | ||||||
12 | set
forth the alleged violation and the
grounds that exist to | ||||||
13 | support the complaint. The complaint must be filed with the | ||||||
14 | Commission within 18 months
after the most recent act of the
| ||||||
15 | alleged violation or of a series of alleged violations
except | ||||||
16 | where there is reasonable cause to believe
that fraudulent | ||||||
17 | concealment has occurred. To constitute fraudulent concealment
| ||||||
18 | sufficient to toll this limitations period, there must be an | ||||||
19 | affirmative act or
representation calculated to prevent | ||||||
20 | discovery of the fact that a violation has
occurred.
If a | ||||||
21 | complaint is not filed with the Commission
within 6 months | ||||||
22 | after notice by the Inspector General to the Commission and the
| ||||||
23 | Attorney General, then the Commission may set a meeting of the | ||||||
24 | Commission at
which the Attorney General shall appear and | ||||||
25 | provide a status
report to the Commission.
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26 | (c-5) Within 30 days after receiving a response from the |
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| |||||||
1 | appropriate ultimate jurisdictional authority or agency head | ||||||
2 | under subsection (a), if the Executive Inspector General does | ||||||
3 | not believe that a complaint should be filed, the Executive | ||||||
4 | Inspector General shall deliver to the Executive Ethics | ||||||
5 | Commission a statement setting forth the basis for the decision | ||||||
6 | not to file a complaint and a copy of the summary report and | ||||||
7 | response from the ultimate jurisdictional authority or agency | ||||||
8 | head. An Inspector General may also submit a redacted version | ||||||
9 | of the summary report and response from the ultimate | ||||||
10 | jurisdictional authority if the Inspector General believes | ||||||
11 | either contains information that, in the opinion of the | ||||||
12 | Inspector General, should be redacted prior to releasing the | ||||||
13 | report, may interfere with an ongoing investigation, or | ||||||
14 | identifies an informant or complainant. | ||||||
15 | (c-10) If, after reviewing the documents, the Commission | ||||||
16 | believes that further investigation is warranted, the | ||||||
17 | Commission may request that the Executive Inspector General | ||||||
18 | provide additional information or conduct further | ||||||
19 | investigation. The Commission may also appoint a Special | ||||||
20 | Executive Inspector General to investigate or refer the summary | ||||||
21 | report and response from the ultimate jurisdictional authority | ||||||
22 | to the Attorney General for further investigation or review. If | ||||||
23 | the Commission requests the Attorney General to investigate or | ||||||
24 | review, the Commission must notify the Attorney General and the | ||||||
25 | Inspector General. The Attorney General may not begin an | ||||||
26 | investigation or review until receipt of notice from the |
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1 | Commission.
If, after review, the Attorney General determines | ||||||
2 | that reasonable cause exists to believe that a violation has | ||||||
3 | occurred, then the Attorney General may file a complaint with | ||||||
4 | the Executive Ethics Commission. If the Attorney General | ||||||
5 | concludes that there is insufficient evidence that a violation | ||||||
6 | has occurred, the Attorney General shall notify the Executive | ||||||
7 | Ethics Commission and the appropriate Executive Inspector | ||||||
8 | General. | ||||||
9 | (d) A copy of the complaint filed with the Executive Ethics | ||||||
10 | Commission must be served on all respondents named in the
| ||||||
11 | complaint and on each respondent's ultimate jurisdictional | ||||||
12 | authority in
the same manner as process is served under the | ||||||
13 | Code of Civil
Procedure.
| ||||||
14 | (e) A respondent may file objections to the complaint | ||||||
15 | within 30 days after notice of the petition has been
served on | ||||||
16 | the respondent.
| ||||||
17 | (f) The Commission shall meet, either in person or by | ||||||
18 | telephone, at least 30 days after the complaint is served on | ||||||
19 | all respondents
in a closed session to review the sufficiency | ||||||
20 | of the complaint.
The Commission shall
issue notice by | ||||||
21 | certified mail, return receipt requested, to the Executive | ||||||
22 | Inspector General, Attorney General, and all respondents of
the | ||||||
23 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
24 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
25 | Act, then the Commission shall
include a hearing date scheduled | ||||||
26 | within 4 weeks after the date of the notice,
unless all of the |
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| |||||||
1 | parties consent to a later date.
If the complaint is deemed not | ||||||
2 | to sufficiently allege a
violation, then
the Commission shall | ||||||
3 | send by certified mail, return receipt requested,
a notice to | ||||||
4 | the Executive Inspector General, Attorney General, and all | ||||||
5 | respondents of the decision to dismiss the complaint.
| ||||||
6 | (g) On the scheduled date
the Commission shall conduct a | ||||||
7 | closed meeting,
either in person or, if the parties consent, by | ||||||
8 | telephone, on the complaint and
allow all
parties the | ||||||
9 | opportunity to present testimony and evidence.
All such | ||||||
10 | proceedings shall be transcribed.
| ||||||
11 | (h) Within an appropriate time limit set by rules of the | ||||||
12 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
13 | the
complaint, (ii) issue a recommendation of discipline to the
| ||||||
14 | respondent and the respondent's ultimate jurisdictional | ||||||
15 | authority, (iii)
impose an administrative fine upon the | ||||||
16 | respondent, (iv) issue injunctive relief as described in | ||||||
17 | Section 50-10, or (v) impose a combination of (ii) through | ||||||
18 | (iv).
| ||||||
19 | (i) The proceedings on any complaint filed with the | ||||||
20 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
21 | the Commission.
| ||||||
22 | (j) The Commission may designate hearing officers
to | ||||||
23 | conduct proceedings as determined by rule of the Commission.
| ||||||
24 | (k) In all proceedings before the Commission, the standard | ||||||
25 | of
proof is by a preponderance of the evidence.
| ||||||
26 | (l) Within 30 days after the issuance of a final |
| |||||||
| |||||||
1 | administrative decision that concludes that a violation | ||||||
2 | occurred, the Executive Ethics Commission shall make public the | ||||||
3 | entire record of proceedings before the Commission, the | ||||||
4 | decision, any recommendation, any discipline imposed, and the | ||||||
5 | response from the agency head or ultimate jurisdictional | ||||||
6 | authority to the Executive Ethics Commission.
| ||||||
7 | (Source: P.A. 96-555, eff. 8-18-09.)
| ||||||
8 | (5 ILCS 430/20-95)
| ||||||
9 | Sec. 20-95. Exemptions.
| ||||||
10 | (a) Documents generated by an ethics
officer under this | ||||||
11 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
12 | Freedom
of Information Act.
| ||||||
13 | (b) Summary reports published pursuant to subsection (b-5) | ||||||
14 | of Section 20-50 are public records. Other Any allegations
and | ||||||
15 | related documents
submitted to an Executive Inspector General | ||||||
16 | and any pleadings and
related documents brought before the | ||||||
17 | Executive Ethics
Commission are exempt from the provisions of | ||||||
18 | the Freedom of
Information Act so long as the Executive Ethics | ||||||
19 | Commission
does not make a finding of a violation of this Act.
| ||||||
20 | If the Executive
Ethics Commission finds that a violation has | ||||||
21 | occurred, the
entire record of proceedings before the | ||||||
22 | Commission, the decision and
recommendation, and the response | ||||||
23 | from the agency head or
ultimate jurisdictional authority to | ||||||
24 | the Executive Ethics
Commission are not exempt from the | ||||||
25 | provisions of the Freedom of
Information Act but information |
| |||||||
| |||||||
1 | contained therein that is otherwise exempt from
the
Freedom of | ||||||
2 | Information Act must be redacted before disclosure as provided | ||||||
3 | in
the Freedom of Information Act. A summary report released by | ||||||
4 | the Executive Ethics Commission under Section 20-52 is a public | ||||||
5 | record, but information redacted by the Executive Ethics | ||||||
6 | Commission shall not be part of the public record.
| ||||||
7 | (c) Meetings of the Commission are exempt from the | ||||||
8 | provisions of the Open
Meetings Act.
| ||||||
9 | (d) Unless otherwise provided in this Act, all | ||||||
10 | investigatory files and
reports of the Office of an Executive | ||||||
11 | Inspector General, other than monthly
reports required under | ||||||
12 | Section 20-85, are confidential, are exempt from disclosure
| ||||||
13 | under the Freedom of Information Act, and shall not be divulged | ||||||
14 | to
any person or agency, except as necessary (i) to a law
| ||||||
15 | enforcement
authority, (ii) to the ultimate
jurisdictional | ||||||
16 | authority, (iii) to the
Executive Ethics Commission; or (iv) to | ||||||
17 | another Inspector General appointed
pursuant to this Act.
| ||||||
18 | (Source: P.A. 96-555, eff. 8-18-09.)
| ||||||
19 | (5 ILCS 430/25-10)
| ||||||
20 | Sec. 25-10. Office of Legislative Inspector General.
| ||||||
21 | (a) The independent Office of the Legislative Inspector | ||||||
22 | General is created.
The Office shall be under the direction and | ||||||
23 | supervision of the
Legislative Inspector General and shall be a | ||||||
24 | fully independent office with its
own appropriation.
| ||||||
25 | (b) The Legislative Inspector General shall be appointed |
| |||||||
| |||||||
1 | without regard to
political
affiliation and solely on the basis | ||||||
2 | of integrity and
demonstrated ability.
The Legislative Ethics
| ||||||
3 | Commission shall diligently search out qualified candidates | ||||||
4 | for Legislative
Inspector General
and shall make | ||||||
5 | recommendations to the General Assembly.
| ||||||
6 | The Legislative Inspector General shall be appointed by a | ||||||
7 | joint resolution of
the
Senate and the House of | ||||||
8 | Representatives, which may specify the date on
which the | ||||||
9 | appointment takes effect.
A joint resolution, or other document | ||||||
10 | as may be specified by the
Joint Rules of the General Assembly, | ||||||
11 | appointing the Legislative Inspector
General must be certified | ||||||
12 | by
the Speaker
of the House of Representatives and the | ||||||
13 | President of the Senate as having been
adopted by the
| ||||||
14 | affirmative vote of three-fifths of the members elected to each | ||||||
15 | house,
respectively,
and be filed with the Secretary of State.
| ||||||
16 | The appointment of the Legislative Inspector General takes | ||||||
17 | effect on the day
the
appointment is completed by the General | ||||||
18 | Assembly, unless the appointment
specifies a later date on | ||||||
19 | which it is to become effective.
| ||||||
20 | The Legislative Inspector General shall have the following | ||||||
21 | qualifications:
| ||||||
22 | (1) has not been convicted of any felony under the laws | ||||||
23 | of this State,
another state, or the United States;
| ||||||
24 | (2) has earned a baccalaureate degree from an | ||||||
25 | institution of higher
education; and
| ||||||
26 | (3) has 5 or more years of cumulative service (A) with |
| |||||||
| |||||||
1 | a federal,
State, or
local law enforcement agency, at least | ||||||
2 | 2 years of which have been in a
progressive investigatory | ||||||
3 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
4 | as a
senior manager or executive of a federal, State, or | ||||||
5 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
6 | federal judge; or (E) representing any combination of (A) | ||||||
7 | through (D).
| ||||||
8 | The Legislative Inspector General may not be a relative of | ||||||
9 | a commissioner.
| ||||||
10 | The term of the initial Legislative Inspector General shall
| ||||||
11 | commence upon qualification and shall run through June 30, | ||||||
12 | 2008.
| ||||||
13 | After the initial term, the Legislative Inspector General | ||||||
14 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
15 | of appointment
and running through June 30 of the fifth | ||||||
16 | following year. The
Legislative Inspector General may be | ||||||
17 | reappointed to one or more
subsequent terms.
| ||||||
18 | A vacancy occurring other than at the end of a term shall | ||||||
19 | be filled in the
same manner as an appointment only for the | ||||||
20 | balance of the term of the
Legislative
Inspector General whose | ||||||
21 | office is vacant.
| ||||||
22 | Terms shall run regardless of whether the position is | ||||||
23 | filled.
| ||||||
24 | (c) The Legislative Inspector General
shall have | ||||||
25 | jurisdiction over the members of the General Assembly and
all | ||||||
26 | State employees whose ultimate jurisdictional authority is
(i) |
| |||||||
| |||||||
1 | a legislative leader, (ii) the Senate Operations Commission, or | ||||||
2 | (iii) the
Joint Committee on Legislative Support Services.
| ||||||
3 | The jurisdiction of each Legislative Inspector General is | ||||||
4 | to investigate
allegations of fraud, waste, abuse, | ||||||
5 | mismanagement, misconduct, nonfeasance,
misfeasance,
| ||||||
6 | malfeasance, or violations of this Act or violations of other | ||||||
7 | related
laws and rules.
| ||||||
8 | (d) The compensation of the Legislative Inspector General | ||||||
9 | shall
be the greater of an amount (i) determined by the | ||||||
10 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
11 | passed by a majority of members elected in
each chamber. | ||||||
12 | (d-5)
Subject to Section 25-45 of this Act, the Legislative | ||||||
13 | Inspector General has
full
authority to organize the Office of | ||||||
14 | the Legislative Inspector General,
including the employment | ||||||
15 | and determination of the compensation of
staff, such as | ||||||
16 | deputies, assistants, and other employees, as
appropriations | ||||||
17 | permit. Employment of staff is subject to the approval of at | ||||||
18 | least 3 of the 4 legislative leaders.
| ||||||
19 | The Office of the Legislative Inspector General must | ||||||
20 | include an administrative and investigative unit dedicated | ||||||
21 | solely to the proactive monitoring and review of the hiring | ||||||
22 | practices and activities of the State agencies under the | ||||||
23 | jurisdiction of the Legislative Inspector General. The Office | ||||||
24 | of the Legislative Inspector General shall be given full access | ||||||
25 | to all hiring information of the State agencies under his or | ||||||
26 | her jurisdiction. |
| |||||||
| |||||||
1 | (e) No Legislative Inspector General or employee of the | ||||||
2 | Office of
the Legislative Inspector General may, during his or | ||||||
3 | her term of appointment or
employment:
| ||||||
4 | (1) become a candidate for any elective office;
| ||||||
5 | (2) hold any other elected or appointed public office
| ||||||
6 | except for appointments on governmental advisory boards
or | ||||||
7 | study commissions or as otherwise expressly authorized by | ||||||
8 | law;
| ||||||
9 | (3) be actively involved in the affairs of any | ||||||
10 | political party or
political organization; or
| ||||||
11 | (4) actively participate in any campaign for any
| ||||||
12 | elective office.
| ||||||
13 | In this subsection an appointed public office means a | ||||||
14 | position authorized by
law that is filled by an appointing | ||||||
15 | authority as provided by law and does not
include employment by | ||||||
16 | hiring in the ordinary course of business.
| ||||||
17 | (e-1) No Legislative Inspector General or employee of the | ||||||
18 | Office of the
Legislative Inspector General may, for one year | ||||||
19 | after the termination of his or
her appointment or employment:
| ||||||
20 | (1) become a candidate for any elective office;
| ||||||
21 | (2) hold any elected public office; or
| ||||||
22 | (3) hold any appointed State, county, or local judicial | ||||||
23 | office.
| ||||||
24 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
25 | be waived by the
Legislative Ethics Commission.
| ||||||
26 | (f) The Commission may remove the Legislative Inspector |
| |||||||
| |||||||
1 | General only for
cause. At the time of the removal, the | ||||||
2 | Commission must report to the General
Assembly the | ||||||
3 | justification for the removal.
| ||||||
4 | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| ||||||
5 | (5 ILCS 430/25-50)
| ||||||
6 | Sec. 25-50. Investigation reports.
| ||||||
7 | (a) If the Legislative Inspector General, upon the | ||||||
8 | conclusion of an
investigation, determines that reasonable | ||||||
9 | cause exists to believe that a
violation
has occurred, then
the | ||||||
10 | Legislative Inspector General shall issue a summary report of | ||||||
11 | the
investigation. The report shall be delivered to the
| ||||||
12 | appropriate ultimate jurisdictional
authority and to the head | ||||||
13 | of each State
agency
affected by or involved in the | ||||||
14 | investigation, if appropriate. The appropriate ultimate | ||||||
15 | jurisdictional authority or agency head shall respond to the | ||||||
16 | summary report within 20 days, in writing, to the Legislative | ||||||
17 | Inspector General. The response shall include a description of | ||||||
18 | any corrective or disciplinary action to be imposed.
| ||||||
19 | (b) The summary report of the investigation shall include | ||||||
20 | the following:
| ||||||
21 | (1) A description of any allegations or other | ||||||
22 | information
received by the Legislative Inspector General | ||||||
23 | pertinent to the
investigation.
| ||||||
24 | (2) A description of any alleged misconduct discovered | ||||||
25 | in the
course of the investigation.
|
| |||||||
| |||||||
1 | (3) Recommendations for any corrective or disciplinary
| ||||||
2 | action to be taken in response to any alleged misconduct | ||||||
3 | described in the
report, including but not limited to | ||||||
4 | discharge.
| ||||||
5 | (4) Other information the Legislative Inspector | ||||||
6 | General
deems relevant to the investigation or resulting | ||||||
7 | recommendations.
| ||||||
8 | (b-5) Within 60 days after delivery of a summary report, | ||||||
9 | the Legislative Ethics Commission shall make the report public | ||||||
10 | unless within that 60-day period the Legislative Inspector | ||||||
11 | General certifies to the Legislative Ethics Commission that | ||||||
12 | publication of the summary report will interfere with an | ||||||
13 | ongoing investigation. When the Inspector General so | ||||||
14 | certifies, the Legislative Ethics Commission shall publish the | ||||||
15 | report (i) within 6 months after the date of that | ||||||
16 | certification, if the ongoing investigation does not involve a | ||||||
17 | criminal matter, or (ii) within 2 years after the date of that | ||||||
18 | certification, if the ongoing investigation involves a | ||||||
19 | criminal matter. If the ongoing investigation involves a | ||||||
20 | criminal matter, the Legislative Inspector General, every 6 | ||||||
21 | months until publication of the report, must certify to the | ||||||
22 | Legislative Ethics Commission that publication will interfere | ||||||
23 | with the ongoing investigation. | ||||||
24 | The name of a State employee for whom discipline is | ||||||
25 | recommended in a summary report required to be published under | ||||||
26 | this subsection shall not be redacted from the report under |
| |||||||
| |||||||
1 | this Act or the Freedom of Information Act if the employee is | ||||||
2 | required to file a statement of economic interests under the | ||||||
3 | Illinois Governmental Ethics Act or the employee is alleged to | ||||||
4 | have violated Section 5-15, Section 5-45, or Article 10 of this | ||||||
5 | Act. Regarding summary reports required to be published under
| ||||||
6 | this subsection that recommend discipline for any other State
| ||||||
7 | employee, the Legislative Ethics Commission shall determine
| ||||||
8 | whether it is in the public interest to publish or redact the | ||||||
9 | name of the State employee. | ||||||
10 | Notwithstanding the foregoing, the Inspector General may
| ||||||
11 | redact information in summary reports that would reveal the
| ||||||
12 | identity of witnesses, complainants, or informants before
| ||||||
13 | publication if the Inspector General determines that it is
| ||||||
14 | appropriate to protect their identity. | ||||||
15 | When the summary report is made public, the disciplinary
| ||||||
16 | decision and justification from the State agency should also be
| ||||||
17 | made public, along with any response from the employee if the
| ||||||
18 | employee wishes. | ||||||
19 | (c) Within 30 days after receiving a response from the | ||||||
20 | appropriate ultimate jurisdictional authority or agency head | ||||||
21 | under subsection (a), the Legislative Inspector General shall | ||||||
22 | notify the Commission and the Attorney General if the | ||||||
23 | Legislative Inspector General believes that a complaint should | ||||||
24 | be filed with the Commission. If
the Legislative Inspector | ||||||
25 | General desires to file a
complaint with the Commission, the | ||||||
26 | Legislative Inspector General shall submit the summary report |
| |||||||
| |||||||
1 | and supporting documents to
the
Attorney General. If the | ||||||
2 | Attorney General concludes that there is insufficient evidence | ||||||
3 | that a violation has occurred, the Attorney General shall | ||||||
4 | notify the Legislative Inspector General and the Legislative | ||||||
5 | Inspector General shall deliver to the Legislative Ethics | ||||||
6 | Commission a copy of the summary report and response from the | ||||||
7 | ultimate jurisdictional authority or agency head.
If the | ||||||
8 | Attorney General determines
that reasonable cause exists to | ||||||
9 | believe that a violation has occurred, then the
Legislative | ||||||
10 | Inspector
General, represented by the Attorney
General, may | ||||||
11 | file with the Legislative Ethics Commission a complaint.
The | ||||||
12 | complaint shall set
forth the alleged violation and the
grounds | ||||||
13 | that exist to support the complaint. The complaint must be | ||||||
14 | filed with the Commission within 18 months
after the most | ||||||
15 | recent act of the alleged violation or of a series of alleged
| ||||||
16 | violations
except where there is reasonable cause to believe
| ||||||
17 | that fraudulent concealment has occurred. To constitute | ||||||
18 | fraudulent concealment
sufficient to toll this limitations | ||||||
19 | period, there must be an affirmative act or
representation | ||||||
20 | calculated to prevent discovery of the fact that a violation | ||||||
21 | has
occurred.
If a complaint is not filed with the Commission
| ||||||
22 | within 6 months after notice by the Inspector General to the | ||||||
23 | Commission and the
Attorney General, then the Commission may | ||||||
24 | set a meeting of the Commission at
which the Attorney General | ||||||
25 | shall appear and provide a status
report to the Commission.
| ||||||
26 | (c-5) Within 30 days after receiving a response from the |
| |||||||
| |||||||
1 | appropriate ultimate jurisdictional authority or agency head | ||||||
2 | under subsection (a), if the Legislative Inspector General does | ||||||
3 | not believe that a complaint should be filed, the Legislative | ||||||
4 | Inspector General shall deliver to the Legislative Ethics | ||||||
5 | Commission a statement setting forth the basis for the decision | ||||||
6 | not to file a complaint and a copy of the summary report and | ||||||
7 | response from the ultimate jurisdictional authority or agency | ||||||
8 | head. The Inspector General may also submit a redacted version | ||||||
9 | of the summary report and response from the ultimate | ||||||
10 | jurisdictional authority if the Inspector General believes | ||||||
11 | either contains information that, in the opinion of the | ||||||
12 | Inspector General, should be redacted prior to releasing the | ||||||
13 | report, may interfere with an ongoing investigation, or | ||||||
14 | identifies an informant or complainant. | ||||||
15 | (c-10) If, after reviewing the documents, the Commission | ||||||
16 | believes that further investigation is warranted, the | ||||||
17 | Commission may request that the Legislative Inspector General | ||||||
18 | provide additional information or conduct further | ||||||
19 | investigation. The Commission may also refer the summary report | ||||||
20 | and response from the ultimate jurisdictional authority to the | ||||||
21 | Attorney General for further investigation or review. If the | ||||||
22 | Commission requests the Attorney General to investigate or | ||||||
23 | review, the Commission must notify the Attorney General and the | ||||||
24 | Legislative Inspector General. The Attorney General may not | ||||||
25 | begin an investigation or review until receipt of notice from | ||||||
26 | the Commission. If, after review, the Attorney General |
| |||||||
| |||||||
1 | determines that reasonable cause exists to believe that a | ||||||
2 | violation has occurred, then the Attorney General may file a | ||||||
3 | complaint with the Legislative Ethics Commission. If the | ||||||
4 | Attorney General concludes that there is insufficient evidence | ||||||
5 | that a violation has occurred, the Attorney General shall | ||||||
6 | notify the Legislative Ethics Commission and the appropriate | ||||||
7 | Legislative Inspector General. | ||||||
8 | (d) A copy of the complaint filed with the Legislative | ||||||
9 | Ethics Commission must be served on all respondents named in | ||||||
10 | the
complaint and on each respondent's ultimate jurisdictional | ||||||
11 | authority in
the same manner as process is served under the | ||||||
12 | Code of Civil
Procedure.
| ||||||
13 | (e) A respondent may file objections to the complaint | ||||||
14 | within 30 days after notice of the petition has been
served on | ||||||
15 | the respondent.
| ||||||
16 | (f) The Commission shall meet, at least 30 days after the | ||||||
17 | complaint is served on all respondents either in person or by | ||||||
18 | telephone,
in a closed session to review the sufficiency of the | ||||||
19 | complaint.
The Commission shall
issue notice by certified mail, | ||||||
20 | return receipt requested, to the Legislative Inspector | ||||||
21 | General, the Attorney General, and all respondents of
the | ||||||
22 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
23 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
24 | Act, then the Commission shall
include a hearing date scheduled | ||||||
25 | within 4 weeks after the date of the notice,
unless all of the | ||||||
26 | parties consent to a later date.
If the complaint is deemed not |
| |||||||
| |||||||
1 | to sufficiently allege a
violation, then
the Commission shall | ||||||
2 | send by certified mail, return receipt requested,
a notice to | ||||||
3 | the Legislative Inspector General, the Attorney General, and | ||||||
4 | all respondents the decision to dismiss the complaint.
| ||||||
5 | (g) On the scheduled date
the Commission shall conduct a | ||||||
6 | closed meeting,
either in person or, if the parties consent, by | ||||||
7 | telephone, on the complaint and
allow all
parties the | ||||||
8 | opportunity to present testimony and evidence.
All such | ||||||
9 | proceedings shall be transcribed.
| ||||||
10 | (h) Within an appropriate time limit set by rules of the | ||||||
11 | Legislative
Ethics Commission, the Commission shall (i) | ||||||
12 | dismiss the
complaint, (ii) issue a recommendation of | ||||||
13 | discipline to the
respondent and the respondent's ultimate | ||||||
14 | jurisdictional authority, (iii)
impose an administrative fine | ||||||
15 | upon the respondent, (iv) issue injunctive relief as described | ||||||
16 | in Section 50-10, or (v) impose a combination of (ii) through | ||||||
17 | (iv).
| ||||||
18 | (i) The proceedings on any complaint filed with the | ||||||
19 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
20 | the Commission.
| ||||||
21 | (j) The Commission may designate hearing officers
to | ||||||
22 | conduct proceedings as determined by rule of the Commission.
| ||||||
23 | (k) In all proceedings before the Commission, the standard | ||||||
24 | of
proof is by a preponderance of the evidence.
| ||||||
25 | (l) Within 30 days after the issuance of a final | ||||||
26 | administrative decision that concludes that a violation |
| |||||||
| |||||||
1 | occurred, the Legislative Ethics Commission shall make public | ||||||
2 | the entire record of proceedings before the Commission, the | ||||||
3 | decision, any recommendation, any discipline imposed, and the | ||||||
4 | response from the agency head or ultimate jurisdictional | ||||||
5 | authority to the Legislative Ethics Commission.
| ||||||
6 | (Source: P.A. 96-555, eff. 8-18-09.)
| ||||||
7 | (5 ILCS 430/25-95)
| ||||||
8 | Sec. 25-95. Exemptions.
| ||||||
9 | (a) Documents generated by an ethics
officer under this | ||||||
10 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
11 | Freedom
of Information Act.
| ||||||
12 | (a-5) Requests from ethics officers, members, and State | ||||||
13 | employees to the Office of the Legislative Inspector General, a | ||||||
14 | Special Legislative Inspector General, the Legislative Ethics | ||||||
15 | Commission, an ethics officer, or a person designated by a | ||||||
16 | legislative leader for guidance on matters involving the | ||||||
17 | interpretation or application of this Act or rules promulgated | ||||||
18 | under this Act are exempt from the provisions of the Freedom of | ||||||
19 | Information Act. Guidance provided to an ethics officer, | ||||||
20 | member, or State employee at the request of an ethics officer, | ||||||
21 | member, or State employee by the Office of the Legislative | ||||||
22 | Inspector General, a Special Legislative Inspector General, | ||||||
23 | the Legislative Ethics Commission, an ethics officer, or a | ||||||
24 | person designated by a legislative leader on matters involving | ||||||
25 | the interpretation or application of this Act or rules |
| |||||||
| |||||||
1 | promulgated under this Act is exempt from the provisions of the | ||||||
2 | Freedom of Information Act.
| ||||||
3 | (b) Summary reports published pursuant to subsection (b-5) | ||||||
4 | of Section 25-50 are public records. Summary investigation | ||||||
5 | reports released by the Legislative Ethics Commission as | ||||||
6 | provided in Section 25-52 are public records. Otherwise, any | ||||||
7 | allegations
and related documents
submitted to the Legislative | ||||||
8 | Inspector General and any pleadings and
related documents | ||||||
9 | brought before the Legislative Ethics
Commission are exempt | ||||||
10 | from the provisions of the Freedom of
Information Act so long | ||||||
11 | as the Legislative Ethics Commission
does not make a finding of | ||||||
12 | a violation of this Act.
If the Legislative
Ethics Commission | ||||||
13 | finds that a violation has occurred, the
entire record of | ||||||
14 | proceedings before the Commission, the decision and
| ||||||
15 | recommendation, and the mandatory report from the agency head | ||||||
16 | or
ultimate jurisdictional authority to the Legislative Ethics
| ||||||
17 | Commission are not exempt from the provisions of the Freedom of
| ||||||
18 | Information Act but information contained therein that is | ||||||
19 | exempt from the
Freedom of Information Act must be redacted | ||||||
20 | before disclosure as provided in
Section 8 of the Freedom of | ||||||
21 | Information Act.
| ||||||
22 | (c) Meetings of the Commission are exempt from the | ||||||
23 | provisions of the Open
Meetings Act.
| ||||||
24 | (d) Unless otherwise provided in this Act, all | ||||||
25 | investigatory files and
reports of the Office of the | ||||||
26 | Legislative Inspector General, other than
monthly
reports, are |
| |||||||
| |||||||
1 | confidential, are exempt from disclosure
under the Freedom of | ||||||
2 | Information Act, and shall not be divulged to
any person or | ||||||
3 | agency, except as necessary (i) to the appropriate law
| ||||||
4 | enforcement
authority if the matter is referred pursuant to | ||||||
5 | this Act, (ii) to the ultimate
jurisdictional authority, or | ||||||
6 | (iii) to the
Legislative Ethics Commission.
| ||||||
7 | (Source: P.A. 96-555, eff. 8-18-09.)
| ||||||
8 | (5 ILCS 430/30-5)
| ||||||
9 | Sec. 30-5. Appointment of Inspector General.
| ||||||
10 | (a) The Auditor General shall
appoint an Inspector General | ||||||
11 | (i) to investigate allegations of violations of
Articles 5 and
| ||||||
12 | 10 by State officers and employees under his or her | ||||||
13 | jurisdiction , (ii) to proactively monitor and review the hiring | ||||||
14 | practices and activities of the Office of the Auditor General, | ||||||
15 | and (iii) and
(ii) to perform
other
duties and exercise other | ||||||
16 | powers assigned to the Inspectors General by this or
any other
| ||||||
17 | Act. The Inspector General shall be appointed within 6 months | ||||||
18 | after the
effective date
of this Act.
| ||||||
19 | (b) The Auditor General
shall
provide by rule for the | ||||||
20 | operation of his or her Inspector General.
It is declared to be | ||||||
21 | in the public interest, safety, and welfare that the
Auditor | ||||||
22 | General adopt emergency rules under the Illinois | ||||||
23 | Administrative
Procedure Act to initially perform his or her | ||||||
24 | duties under this subsection.
| ||||||
25 | (c) The Auditor General
may appoint an existing inspector |
| |||||||
| |||||||
1 | general as the Inspector General
required by this
Article, | ||||||
2 | provided that such an inspector general is not prohibited by | ||||||
3 | law,
rule,
jurisdiction, qualification, or interest from | ||||||
4 | serving as the Inspector General
required by
this Article.
| ||||||
5 | The Auditor General may not appoint a relative as the | ||||||
6 | Inspector General
required by this Article.
| ||||||
7 | (d) The Inspector General appointed by the Auditor General | ||||||
8 | may be removed by the Auditor General only for cause after the | ||||||
9 | Auditor General certifies to the Senate the reasons for | ||||||
10 | removal, the Senate conducts a public evidentiary hearing on | ||||||
11 | the reasons, and the Senate subsequently votes to remove the | ||||||
12 | Inspector General. | ||||||
13 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
14 | (5 ILCS 430/Art. 60 heading new) | ||||||
15 | ARTICLE 60. OTHER PROVISIONS | ||||||
16 | (5 ILCS 430/60-5 new) | ||||||
17 | Sec. 60-5. Consolidation study. By December 31, 2011, the | ||||||
18 | Executive Inspectors General, the Legislative Inspector | ||||||
19 | General, and the Auditor General's Inspector General jointly | ||||||
20 | shall study and report to the General Assembly upon the | ||||||
21 | feasibility and advisability of the consolidation of their | ||||||
22 | offices into one Office of the Ethics Inspector General.
|