Bill Text: IL SB3937 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Regional Transportation Authority Act. Provides that the Governor shall, with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote, appoint a Commuter Rail Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Commuter Rail Division (METRA). Contains provisions concerning appointment, terms, vacancies, removal, qualifications, jurisdiction, duties, rulemaking authority, budget, and reporting requirements of the Commuter Rail Inspector General.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-26 - Referred to Assignments [SB3937 Detail]

Download: Illinois-2009-SB3937-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3937 Introduced 5/26/2010, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED:
70 ILCS 3615/3B.17 new
Amends the Regional Transportation Authority Act. Provides that the Governor shall, with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote, appoint a Commuter Rail Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Commuter Rail Division (METRA). Contains provisions concerning appointment, terms, vacancies, removal, qualifications, jurisdiction, duties, rulemaking authority, budget, and reporting requirements of the Commuter Rail Inspector General.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regional Transportation Authority Act is
amended by adding Section 3B.17 as follows:
(70 ILCS 3615/3B.17 new)
Sec. 3B.17. Commuter Rail Inspector General.
(a) The Governor shall, with the advice and consent of the
Senate by three-fifths of the elected members concurring by
record vote, appoint a Commuter Rail Inspector General for the
purpose of detection, deterrence, and prevention of fraud,
corruption, and mismanagement in the Commuter Rail Division.
The Commuter Rail Inspector General shall serve a 5-year term.
If, during a recess of the Senate, there is a vacancy in the
Office of the Commuter Rail Inspector General, the Governor
shall make a temporary appointment until the next meeting of
the Senate when the Governor shall make a nomination to fill
that office. No person rejected for the Office of the Commuter
Rail Inspector General shall, except by the Senate's request,
be nominated again for that office at the same session of the
Senate or be appointed to that office during a recess of that
Senate. The Governor may not appoint a relative, as defined by
item (6) of Section 10-15 of the State Officials and Employees

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Ethics Act, as the Commuter Rail Inspector General. The
Commuter Rail Inspector General may be removed only for cause
and may be removed only by the Governor.
(b) The Commuter Rail Inspector General shall have the
following qualifications:
(1) has not been convicted of any felony under the laws
of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (i) with
a federal, state, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (ii) as a federal, state, or local prosecutor;
(iii) as a federal or state judge with a criminal docket;
(iv) as a senior manager or executive of a federal, state,
or local agency; or (v) representing any combination of (i)
through (iv).
(c) The term of the initial Commuter Rail Inspector General
shall commence upon appointment and shall run through June 30,
2015. The initial appointment shall be made within 60 days
after the effective date of this amendatory Act of the 96th
General Assembly. After the initial term, each Commuter Rail
Inspector General shall serve for a 5-year term commencing on
July 1 of the year of appointment and running through June 30
of the fifth following year. A Commuter Rail Inspector General
may be reappointed to one or more subsequent terms. A vacancy

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occurring other than at the end of a term shall be filled by
the Governor only for the balance of the term of the Commuter
Rail Inspector General whose office is vacant. Terms shall run
regardless of whether the position is filled.
(d) The Commuter Rail Inspector General shall have
jurisdiction over the Commuter Rail Division and all officers
and employees of, and vendors, subcontractors, and others doing
business with the Commuter Rail Division. The jurisdiction of
the Commuter Rail Inspector General is to investigate
allegations of fraud, waste, abuse, mismanagement, misconduct,
nonfeasance, misfeasance, or malfeasance. Investigations may
be based on complaints from any source, including anonymous
sources, and may be self-initiated, without a complaint. An
investigation may not be initiated more than 5 years after the
most recent act of the alleged violation or of a series of
alleged violations except where there is reasonable cause to
believe that fraudulent concealment has occurred. To
constitute fraudulent concealment sufficient to toll this
limitations period, there must be an affirmative act or
representation calculated to prevent discovery of the fact that
a violation has occurred. The authority to investigate alleged
violations of the State Officials and Employees Ethics Act by
officers, employees, vendors, subcontractors, and others doing
business with the Commuter Rail Division shall remain with the
Office of the Governor's Executive Inspector General. The
Commuter Rail Inspector General shall refer allegations of

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misconduct under the State Officials and Employees Ethics Act
to the Office of the Governor's Executive Inspector General for
investigation. Upon completion of its investigation into such
allegations, the Office of the Governor's Executive Inspector
General shall report the results to the Commuter Rail Inspector
General, and the results of the investigation shall remain
subject to any applicable confidentiality provisions in the
State Officials and Employees Ethics Act. Where an
investigation into a target or targets is split between
allegations of misconduct under the State Officials and
Employees Ethics Act, investigated by the Office of the
Governor's Executive Inspector General, and allegations that
are not of misconduct under the State Officials and Employees
Ethics Act, investigated by the Commuter Rail Inspector
General, the Commuter Rail Inspector General shall take
reasonable steps, including continued consultation with the
Office of the Governor's Executive Inspector General, to ensure
that its investigation will not interfere with or disrupt any
investigation by the Office of the Governor's Executive
Inspector General or law enforcement authorities. In instances
in which the Commuter Rail Inspector General continues to
investigate other allegations associated with allegations that
have been referred to the Office of the Governor's Executive
Inspector General pursuant to this subsection, the Commuter
Rail Inspector General shall report the results of its
investigation to the Office of the Governor's Executive

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Inspector General.
(e)(1) If the Commuter Rail Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance, or
malfeasance has occurred, then the Commuter Rail Inspector
General shall issue a summary report of the investigation. The
report shall be delivered to the appropriate authority pursuant
to paragraph (3) of subsection (f) of this Section, which shall
have 20 days to respond to the report.
(2) The summary report of the investigation shall
include the following:
(A) A description of any allegations or other
information received by the Commuter Rail Inspector
General pertinent to the investigation.
(B) A description of any alleged misconduct
discovered in the course of the investigation.
(C) Recommendations for any corrective or
disciplinary action to be taken in response to any
alleged misconduct described in the report, including
but not limited to discharge.
(D) Other information the Commuter Rail Inspector
General deems relevant to the investigation or
resulting recommendations.
(3) Within 60 days after issuance of a final summary
report that resulted in a suspension of at least 3 days or

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termination of employment, the Commuter Rail Inspector
General shall make the report available to the public by
presenting the report to the Commuter Rail Board and by
posting the report on the Commuter Rail Board's public
website. The Commuter Rail Inspector General shall redact
information in the summary report that may reveal the
identity of witnesses, complainants, or informants or if
the Commuter Rail Inspector General determines it is
appropriate to protect the identity of a person before the
report is made public. The Commuter Rail Inspector General
may also redact any information that he or she believes
should not be made public, taking into consideration the
factors set forth in this subsection and paragraph (1) of
subsection (k) of this Section and other factors deemed
relevant by the Commuter Rail Inspector General to protect
the Commuter Rail Division and any investigations by the
Commuter Rail Inspector General, other inspector general
offices, or law enforcement agencies. Prior to
publication, the Commuter Rail Inspector General shall
permit the respondents and the appropriate authority
pursuant to paragraph (3) of subsection (f) of this Section
to review the report and the documents to be made public
and offer suggestions for redaction or provide a response
that shall be made public with the summary report,
provided, however, that the Commuter Rail Inspector
General shall have the sole and final authority to decide

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what redactions should be made. The Commuter Rail Inspector
General may make available to the public any other summary
report and any such responses or a redacted version of the
report and responses.
(4) When the Commuter Rail Inspector General concludes
that there is insufficient evidence that a violation has
occurred, the Commuter Rail Inspector General shall close
the investigation. The Commuter Rail Inspector General
shall provide the appropriate authority pursuant to
paragraph (3) of subsection (f) of this Section with a
written statement of the Commuter Rail Inspector General's
decision to close the investigation. At the request of the
subject of the investigation, the Commuter Rail Inspector
General shall provide a written statement to the subject of
the investigation of the Commuter Rail Inspector General's
decision to close the investigation. Closure by the
Commuter Rail Inspector General does not bar the Commuter
Rail Inspector General from resuming the investigation if
circumstances warrant.
(f) The Commuter Rail Inspector General shall:
(1) Have access to all information and personnel
necessary to perform the duties of the office.
(2) Have the power to subpoena witnesses and compel the
production of books and papers pertinent to an
investigation authorized by this Section. A subpoena may be
issued under this subparagraph (2) only by the Commuter

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Rail Inspector General and not by members of the Commuter
Rail Inspector General's staff. Any person subpoenaed by
the Commuter Rail Inspector General has the same rights,
under Illinois law, as a person subpoenaed by a grand jury.
The power to subpoena or to compel the production of books
and papers, however, shall not extend to the person or
documents of a labor organization or its representatives
insofar as the person or documents of a labor organization
relate to the function of representing an employee subject
to investigation under this Section. Subject to a person's
privilege against self-incrimination, any person who fails
to appear in response to a subpoena, answer any question,
or produce any books or papers pertinent to an
investigation under this Section, except as otherwise
provided in this Section, or who knowingly gives false
testimony in relation to an investigation under this
Section is guilty of a Class A misdemeanor.
(3) Submit reports as required by this Section and
applicable administrative rules. Final reports and
recommendations shall be submitted to the Commuter Rail
Board's Executive Director and the Board of Directors of
the Commuter Rail Board for investigations not involving
the Commuter Rail Board. Final reports and recommendations
shall be submitted to the Chair of the Commuter Rail Board
and to the Governor for investigations of any Board member
other than the Chair of the Commuter Rail Board. Final

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reports and recommendations for investigations of the
Chair of the Commuter Rail Board shall be submitted to the
Governor.
(4) Participate in or conduct, when appropriate,
multi-jurisdictional investigations provided the
investigation involves the Commuter Rail Division in some
way, including, but not limited to, joint investigations
with the Office of the Governor's Executive Inspector
General, or with State, local, or federal law enforcement
authorities.
(5) Serve as the Commuter Rail Division's primary
liaison with law enforcement, investigatory, and
prosecutorial agencies and, in that capacity, the Commuter
Rail Inspector General may request any information or
assistance that may be necessary for carrying out the
duties and responsibilities provided by this Section from
any local, state, or federal governmental agency or unit
thereof.
(6) Review hiring and employment files of the Commuter
Rail Division to ensure compliance with Rutan v. Republican
Party of Illinois, 497 U.S. 62 (1990), and with all
applicable employment laws.
(7) Establish a policy that ensures the appropriate
handling and correct recording of all investigations
conducted by the Office, and ensures that the policy is
accessible via the Internet in order that those seeking to

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report suspected wrongdoing are familiar with the process
and that the subjects of those allegations are treated
fairly.
(8) Receive and investigate complaints or information
from an employee of the Commuter Rail Division concerning
the possible existence of an activity constituting a
violation of law, rules or regulations, mismanagement,
abuse of authority, or substantial and specific danger to
the public health and safety. Any employee of the Commuter
Rail Division who knowingly files a false complaint or
files a complaint with reckless disregard for the truth or
falsity of the facts underlying the complaint may be
subject to discipline.
(9) Review, coordinate, and recommend methods and
procedures to increase the integrity of the Commuter Rail
Division.
(g) Within 6 months after appointment, the initial Commuter
Rail Inspector General shall propose rules, in accordance with
the provisions of the Illinois Administrative Procedure Act,
establishing minimum requirements for initiating, conducting,
and completing investigations. The rules must establish
criteria for determining, based upon the nature of the
allegation, the appropriate method of investigation, which may
include, but is not limited to, site visits, telephone
contacts, personal interviews, or requests for written
responses. The rules must establish the process, contents, and

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timing for final reports and recommendations by the Commuter
Rail Inspector General and for a response and any remedial or
disciplinary, or both, action by an individual or individuals
receiving the final reports and recommendations. The rules must
also clarify how the Office of the Commuter Rail Inspector
General shall interact with other local, state, and federal law
enforcement authorities and investigations. Such rules shall
provide that investigations and inquiries by the Office of the
Commuter Rail Inspector General must be conducted in compliance
with the provisions of any collective bargaining agreement that
applies to the affected employees of the Commuter Rail Board
and that any recommendation for discipline or other action
against any employee by the Office of the Commuter Rail
Inspector General must comply with the provisions of any
applicable collective bargaining agreement.
(h) The Office of the Commuter Rail Inspector General shall
be an independent office of the Commuter Rail Division. Within
its annual budget, the Commuter Rail Board shall provide a
clearly delineated budget for the Office of the Commuter Rail
Inspector General. The budget of the Office of the Commuter
Rail Inspector General shall be adequate to support an
independent and effective office. Except with the consent of
the Commuter Rail Inspector General, the Commuter Rail Board
shall not reduce the budget of the Office of the Commuter Rail
Inspector General by more than 10% (i) within any fiscal year
or (ii) over the 5-year term of each Commuter Rail Inspector

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General. To the extent allowed by law and the Commuter Rail
Board's policies, the Commuter Rail Inspector General shall
have sole responsibility for organizing the Office of the
Commuter Rail Inspector General within the budget established
by the Commuter Rail Board, including the recruitment,
supervision, and discipline of the employees of that office.
The Commuter Rail Inspector General shall report directly to
the Board of Directors of the Commuter Rail Board with respect
to the prompt and efficient operation of the Office of the
Commuter Rail Inspector General.
(i)(1) No Commuter Rail Inspector General or employee of
the Office of the Commuter Rail Inspector General may, during
his or her term of appointment or employment:
(A) become a candidate for any elective office;
(B) hold any other elected or appointed public
office except for appointments on governmental
advisory boards or study commissions or as otherwise
expressly authorized by law;
(C) be actively involved in the affairs of any
political party or political organization; or
(D) advocate for the appointment of another person
to an appointed public office or elected office or
position or actively participate in any campaign for
any elective office.
As used in this paragraph (1), "appointed public
office" means a position authorized by law that is filled

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by an appointing authority as provided by law and does not
include employment by hiring in the ordinary course of
business.
(2) No Commuter Rail Inspector General or employee of
the Office of the Commuter Rail Inspector General may, for
one year after the termination of his or her appointment or
employment:
(A) become a candidate for any elective office;
(B) hold any elected public office; or
(C) hold any appointed State, county, or local
judicial office.
(3) The requirements of subparagraph (C) of paragraph
(2) of this subsection may be waived by the Executive
Ethics Commission.
(j) All Board members, officers, and employees of the
Commuter Rail Division have a duty to cooperate with the
Commuter Rail Inspector General and employees of the Office of
the Commuter Rail Inspector General in any investigation
undertaken pursuant to this Section. Failure to cooperate
includes, but is not limited to, intentional omissions and
knowing false statements. Failure to cooperate with an
investigation pursuant to this Section is grounds for
disciplinary action, including termination of employment.
Nothing in this Section limits or alters a person's existing
rights or protections under State or federal law.
(k)(1) The identity of any individual providing

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information or reporting any possible or alleged
misconduct to the Commuter Rail Inspector General shall be
kept confidential and may not be disclosed without the
consent of that individual, unless the individual consents
to disclosure of his or her name or disclosure of the
individual's identity is otherwise required by law. The
confidentiality granted by this subsection does not
preclude the disclosure of the identity of a person in any
capacity other than as the source of an allegation.
(2) Subject to the provisions of subsection (e) of this
Section, the Commuter Rail Inspector General, and
employees and agents of the Office of the Commuter Rail
Inspector General, shall keep confidential and shall not
disclose information exempted from disclosure under the
Freedom of Information Act or by this Act.
(l) If the Commuter Rail Inspector General determines that
any alleged misconduct involves any person not subject to the
jurisdiction of the Commuter Rail Inspector General, the
Commuter Rail Inspector General shall refer the reported
allegations to the appropriate Inspector General, appropriate
ethics commission, or other appropriate body. If the Commuter
Rail Inspector General determines that any alleged misconduct
may give rise to criminal penalties, the Commuter Rail
Inspector General may refer the allegations regarding that
misconduct to the appropriate law enforcement authority. If a
Commuter Rail Inspector General determines that any alleged

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misconduct resulted in the loss of public funds in an amount of
$5,000 or greater, the Commuter Rail Inspector General shall
refer the allegations regarding that misconduct to the Attorney
General and any other appropriate law enforcement authority.
(m) The Commuter Rail Inspector General shall provide to
the Governor, the Commuter Rail Board, and the General Assembly
a summary of reports and investigations made under this Section
no later than March 31 and September 30 of each year. The
summaries shall detail the final disposition of the Inspector
General's recommendations. The summaries shall not contain any
confidential or identifying information concerning the
subjects of the reports and investigations. The summaries shall
also include detailed, recommended administrative actions and
matters for consideration by the Governor, the Commuter Rail
Board, and the General Assembly.
(n) Any employee of the Commuter Rail Division subject to
investigation or inquiry by the Commuter Rail Inspector General
or any agent or representative of the Commuter Rail Inspector
General concerning misconduct that is criminal in nature shall
have the right to be notified of the right to remain silent
during the investigation or inquiry and the right to be
represented in the investigation or inquiry by an attorney or a
representative of a labor organization that is the exclusive
collective bargaining representative of employees of the
Commuter Rail Division. Any investigation or inquiry by the
Commuter Rail Inspector General or any agent or representative

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of the Commuter Rail Inspector General must be conducted in
accordance with the rights of the employees as set forth in
State and federal law and applicable judicial decisions. Any
recommendations for discipline or any action taken against any
employee by the Commuter Rail Inspector General or any
representative or agent of the Commuter Rail Inspector General
must comply with the provisions of the collective bargaining
agreement that applies to the employee.
(o) Nothing in this Section shall diminish the rights,
privileges, or remedies of a State employee under any other
federal or State law, rule, or regulation or under any
collective bargaining agreement.