Bill Text: IL HB4573 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the State Officials and Employees Ethics Act and the Governor's Office of Management and Budget Act. With respect to Inspectors General and Ethics Commissions, makes changes concerning: removal; budgets; monitoring of State hiring; initiation of investigations; anonymous allegations; disclosure of summary reports; and consolidation of offices.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2009-05-28 - Added Chief Co-Sponsor Rep. Donald L. Moffitt [HB4573 Detail]
Download: Illinois-2009-HB4573-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, 20-20, 20-50, 20-95, 25-10, | |||||||||||||||||||||||||||||||||||||||||
6 | 25-20, 25-50, 25-95, and 30-5 and by adding the heading of | |||||||||||||||||||||||||||||||||||||||||
7 | Article 60 and 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.
| ||||||
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)
| ||||||
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
| ||||||
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 minimum compensation for each Executive Inspector | ||||||
3 | General shall be
determined by the Executive Ethics Commission. | ||||||
4 | The actual compensation for each
Executive Inspector General | ||||||
5 | shall be determined by the appointing executive
branch
| ||||||
6 | constitutional officer and must be at or above the minimum | ||||||
7 | compensation level
set by
the Executive Ethics Commission. | ||||||
8 | (d-5) Subject to Section 20-45 of this Act, each
Executive | ||||||
9 | Inspector General has full
authority
to organize his or her | ||||||
10 | Office of the Executive Inspector General, including the
| ||||||
11 | employment and determination of the compensation of staff, such | ||||||
12 | as deputies,
assistants, and other employees, as | ||||||
13 | appropriations permit. Each Office of the Executive Inspector | ||||||
14 | General must include an administrative and investigative unit | ||||||
15 | dedicated solely to the proactive monitoring and review of the | ||||||
16 | hiring practices and activities of the State agencies under the | ||||||
17 | jurisdiction of that Executive Inspector General. Each Office | ||||||
18 | of the Executive Inspector General shall be given full access | ||||||
19 | to all hiring information of the State agencies under the | ||||||
20 | jurisdiction of that Executive Inspector General. A separate
| ||||||
21 | appropriation
shall be made for each Office of Executive | ||||||
22 | Inspector General.
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23 | (e) No Executive Inspector General or employee of the | ||||||
24 | Office of
the Executive Inspector General may, during his or | ||||||
25 | her term of appointment or
employment:
| ||||||
26 | (1) become a candidate for any elective office;
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1 | (2) hold any other elected or appointed public office
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2 | except for appointments on governmental advisory boards
or | ||||||
3 | study commissions or as otherwise expressly authorized by | ||||||
4 | law;
| ||||||
5 | (3) be actively involved in the affairs of any | ||||||
6 | political party or
political organization; or
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7 | (4) actively participate in any campaign for any
| ||||||
8 | elective office.
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9 | In this subsection an appointed public office means a | ||||||
10 | position authorized by
law that is filled by an appointing | ||||||
11 | authority as provided by law and does not
include employment by | ||||||
12 | hiring in the ordinary course of business.
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13 | (e-1) No Executive Inspector General or employee of the | ||||||
14 | Office of the
Executive Inspector General may, for one year | ||||||
15 | after the termination of his or
her appointment or employment:
| ||||||
16 | (1) become a candidate for any elective office;
| ||||||
17 | (2) hold any elected public office; or
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18 | (3) hold any appointed State, county, or local judicial | ||||||
19 | office.
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20 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
21 | be waived by the
Executive Ethics Commission.
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22 | (f) An Executive Inspector General may be removed only for | ||||||
23 | cause and may
be removed only after by the appointing | ||||||
24 | constitutional officer certifies to the Senate the reasons for | ||||||
25 | removal, the Senate conducts a public evidentiary hearing on | ||||||
26 | the reasons, and a majority of the Senate subsequently votes to |
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1 | remove the Executive Inspector General. After . At the time of | ||||||
2 | the
removal,
the appointing constitutional officer must report | ||||||
3 | to the Executive Ethics
Commission the
justification for the
| ||||||
4 | removal.
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5 | (Source: P.A. 93-617, eff. 12-9-03.)
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6 | (5 ILCS 430/20-20)
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7 | Sec. 20-20. Duties of the Executive Inspectors
General. In | ||||||
8 | addition to duties otherwise assigned by law,
each Executive | ||||||
9 | Inspector General shall have the following duties:
| ||||||
10 | (1) To receive and investigate allegations of | ||||||
11 | violations of this
Act. The
Executive Inspector General may | ||||||
12 | initiate investigations (i) in response to receive | ||||||
13 | information received through the
Office of any Executive | ||||||
14 | Inspector General or
through an ethics commission , (ii) .
An | ||||||
15 | investigation may be conducted only in response
to | ||||||
16 | information reported to the Executive Inspector General , | ||||||
17 | or (iii)
as provided in this Section and not upon his or | ||||||
18 | her own prerogative.
Allegations may not be made | ||||||
19 | anonymously. An investigation may not be initiated
more | ||||||
20 | than one year after the most recent act of the alleged | ||||||
21 | violation or of a
series of alleged violations except where | ||||||
22 | there is reasonable cause to believe
that fraudulent | ||||||
23 | concealment has occurred. To constitute fraudulent | ||||||
24 | concealment
sufficient to toll this limitations period, | ||||||
25 | there must be an affirmative act or
representation |
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1 | calculated to prevent discovery of the fact that a | ||||||
2 | violation has
occurred. The
Executive Inspector General | ||||||
3 | shall have the discretion to determine the
appropriate | ||||||
4 | means of investigation as permitted by law.
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5 | (2) To request information relating to an | ||||||
6 | investigation from any
person when the Executive Inspector | ||||||
7 | General deems that information necessary in
conducting an | ||||||
8 | investigation.
| ||||||
9 | (3) To issue subpoenas
to compel the attendance of | ||||||
10 | witnesses for the
purposes of testimony and production of | ||||||
11 | documents and other items for
inspection and copying and to | ||||||
12 | make service of those subpoenas and subpoenas
issued under | ||||||
13 | item (7) of Section 20-15.
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14 | (4) To submit reports as required by this Act.
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15 | (5) To file
pleadings in the name of
the Executive | ||||||
16 | Inspector General with the Executive Ethics
Commission, | ||||||
17 | through the Attorney General, as provided in this Article | ||||||
18 | if the
Attorney General finds that reasonable cause exists | ||||||
19 | to believe that a violation
has
occurred.
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20 | (6) To assist and coordinate the ethics officers
for | ||||||
21 | State agencies under the jurisdiction of the
Executive | ||||||
22 | Inspector General and to work with those ethics officers.
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23 | (7) To participate in or conduct, when appropriate, | ||||||
24 | multi-jurisdictional
investigations.
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25 | (8) To request, as the Executive Inspector General | ||||||
26 | deems appropriate, from
ethics officers
of State agencies |
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1 | under his or her jurisdiction, reports or information
on | ||||||
2 | (i) the content of a State agency's ethics
training program | ||||||
3 | and (ii) the percentage of new officers and
employees who | ||||||
4 | have completed ethics training.
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5 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
6 | (5 ILCS 430/20-50)
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7 | Sec. 20-50. Investigation reports; complaint procedure.
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8 | (a) If an Executive Inspector General, upon the conclusion | ||||||
9 | of an
investigation, determines that reasonable cause exists to | ||||||
10 | believe that a
violation
has occurred, then
the Executive | ||||||
11 | Inspector General shall issue a summary report of the
| ||||||
12 | investigation. The report shall be delivered to the
appropriate | ||||||
13 | ultimate jurisdictional
authority and to the head of each State
| ||||||
14 | agency
affected by or involved in the investigation, if | ||||||
15 | appropriate.
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16 | (b) The summary report of the investigation shall include | ||||||
17 | the following:
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18 | (1) A description of any allegations or other | ||||||
19 | information
received by the Executive Inspector General | ||||||
20 | pertinent to the
investigation.
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21 | (2) A description of any alleged misconduct discovered | ||||||
22 | in the
course of the investigation.
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23 | (3) Recommendations for any corrective or disciplinary
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24 | action to be taken in response to any alleged misconduct | ||||||
25 | described in the
report, including but not limited to |
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1 | discharge.
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2 | (4) Other information the Executive Inspector General
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3 | deems relevant to the investigation or resulting | ||||||
4 | recommendations.
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5 | (b-5) Within 60 days after delivery of a summary report, | ||||||
6 | the Executive Ethics Commission shall make the report public | ||||||
7 | unless within that 60-day period the Executive Inspector | ||||||
8 | General certifies to the Executive Ethics Commission that | ||||||
9 | publication of the summary report will interfere with an | ||||||
10 | ongoing investigation. When the Inspector General so | ||||||
11 | certifies, the Executive Ethics Commission shall publish the | ||||||
12 | report (i) within 6 months after the date of that | ||||||
13 | certification, if the ongoing investigation does not involve a | ||||||
14 | criminal matter, or (ii) within 2 years after the date of that | ||||||
15 | certification, if the ongoing investigation involves a | ||||||
16 | criminal matter. If the ongoing investigation involves a | ||||||
17 | criminal matter, the Executive Inspector General, every 6 | ||||||
18 | months until publication of the report, must certify to the | ||||||
19 | Executive Ethics Commission that publication will interfere | ||||||
20 | with the ongoing investigation. | ||||||
21 | The name of a State employee for whom discipline is | ||||||
22 | recommended in a summary report required to be published under | ||||||
23 | this subsection shall not be redacted from the report under | ||||||
24 | this Act or the Freedom of Information Act if the employee is | ||||||
25 | required to file a statement of economic interests under the | ||||||
26 | Illinois Governmental Ethics Act or the employee is alleged to |
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1 | have violated Section 5-15, Section 5-45, or Article 10 of this | ||||||
2 | Act. Regarding summary reports required to be published under
| ||||||
3 | this subsection that recommend discipline for any other State
| ||||||
4 | employee, the Executive Ethics Commission shall determine
| ||||||
5 | whether it is in the public interest to publish or redact the
| ||||||
6 | name of the State employee. | ||||||
7 | Notwithstanding the foregoing, the Inspector General may
| ||||||
8 | redact information in summary reports that would reveal the
| ||||||
9 | identity of witnesses, complainants, or informants before
| ||||||
10 | publication if the Inspector General determines that it is | ||||||
11 | appropriate to protect their identity. | ||||||
12 | When the summary report is made public, the disciplinary
| ||||||
13 | decision and justification from the State agency should also be
| ||||||
14 | made public, along with any response from the employee if the
| ||||||
15 | employee wishes. | ||||||
16 | (c) Not less than 30 days after delivery of the summary | ||||||
17 | report of
an
investigation under subsection (a),
if the | ||||||
18 | Executive Inspector General desires to file a petition for | ||||||
19 | leave to file
a
complaint, the Executive Inspector General | ||||||
20 | shall notify the Commission and the
Attorney General.
If the | ||||||
21 | Attorney General determines
that reasonable cause exists to | ||||||
22 | believe that a violation has occurred, then the
Executive | ||||||
23 | Inspector
General, represented by the Attorney
General, may | ||||||
24 | file with the Executive Ethics Commission a petition for
leave | ||||||
25 | to file a complaint.
The petition shall set
forth the alleged | ||||||
26 | violation and the
grounds that exist to support the petition. |
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1 | The petition for leave to
file a complaint must be filed with | ||||||
2 | the Commission within 18 months
after the most recent act of | ||||||
3 | the
alleged violation or of a series of alleged violations
| ||||||
4 | except where there is reasonable cause to believe
that | ||||||
5 | fraudulent concealment has occurred. To constitute fraudulent | ||||||
6 | concealment
sufficient to toll this limitations period, there | ||||||
7 | must be an affirmative act or
representation calculated to | ||||||
8 | prevent discovery of the fact that a violation has
occurred.
If | ||||||
9 | a petition for leave to file a complaint is not filed with the | ||||||
10 | Commission
within 6 months after notice by the Inspector | ||||||
11 | General to the Commission and the
Attorney General, then the | ||||||
12 | Commission may set a meeting of the Commission at
which the | ||||||
13 | Attorney General shall appear and provide a status
report to | ||||||
14 | the Commission.
| ||||||
15 | (d) A copy of the petition must be served on all | ||||||
16 | respondents named in the
complaint and on each respondent's | ||||||
17 | ultimate jurisdictional authority in
the same manner as process | ||||||
18 | is served under the Code of Civil
Procedure.
| ||||||
19 | (e) A respondent may file objections to the petition for | ||||||
20 | leave to
file a complaint within 30 days after notice of the | ||||||
21 | petition has been
served on the respondent.
| ||||||
22 | (f) The Commission shall meet, either in person or by | ||||||
23 | telephone,
in a closed session to review the sufficiency of the | ||||||
24 | complaint.
If the Commission finds that complaint is | ||||||
25 | sufficient, the Commission shall
grant the petition for leave | ||||||
26 | to file the
complaint.
The Commission shall
issue notice to the |
| |||||||
| |||||||
1 | Executive Inspector General and all respondents of
the | ||||||
2 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
3 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
4 | Act, then the Commission shall notify
the parties and shall
| ||||||
5 | include a hearing date scheduled within 4 weeks after the date | ||||||
6 | of the notice,
unless all of the parties consent to a later | ||||||
7 | date.
If the complaint is deemed not to sufficiently allege a
| ||||||
8 | violation, then
the Commission shall send by certified mail, | ||||||
9 | return receipt requested,
a notice to the parties of the | ||||||
10 | decision to dismiss the complaint.
| ||||||
11 | (g) On the scheduled date
the Commission shall conduct a | ||||||
12 | closed meeting,
either in person or, if the parties consent, by | ||||||
13 | telephone, on the complaint and
allow all
parties the | ||||||
14 | opportunity to present testimony and evidence.
All such | ||||||
15 | proceedings shall be transcribed.
| ||||||
16 | (h) Within an appropriate time limit set by rules of the | ||||||
17 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
18 | the
complaint or (ii) issue a recommendation of discipline to | ||||||
19 | the
respondent and the respondent's ultimate jurisdictional | ||||||
20 | authority or
impose an administrative fine upon the respondent, | ||||||
21 | or both.
| ||||||
22 | (i) The proceedings on any complaint filed with the | ||||||
23 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
24 | the Commission.
| ||||||
25 | (j) The Commission may designate hearing officers
to | ||||||
26 | conduct proceedings as determined by rule of the Commission.
|
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1 | (k) In all proceedings before the Commission, the standard | ||||||
2 | of
proof is by a preponderance of the evidence.
| ||||||
3 | (l) When the Inspector General concludes that there is | ||||||
4 | insufficient
evidence that a violation has occurred, the | ||||||
5 | Inspector General shall close the
investigation. At the request | ||||||
6 | of the subject of the investigation, the
Inspector
General | ||||||
7 | shall provide a written statement to the subject of the | ||||||
8 | investigation
and to the Commission of
the Inspector General's | ||||||
9 | decision to close the investigation. Closure by the
Inspector | ||||||
10 | General does not bar the Inspector General from resuming the
| ||||||
11 | investigation if circumstances warrant.
| ||||||
12 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 430/20-95)
| ||||||
14 | Sec. 20-95. Exemptions.
| ||||||
15 | (a) Documents generated by an ethics
officer under this | ||||||
16 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
17 | Freedom
of Information Act.
| ||||||
18 | (b) Summary reports published pursuant to subsection (b-5) | ||||||
19 | of Section 20-50 are public records. Other Any allegations
and | ||||||
20 | related documents
submitted to an Executive Inspector General | ||||||
21 | and any pleadings and
related documents brought before the | ||||||
22 | Executive Ethics
Commission are exempt from the provisions of | ||||||
23 | the Freedom of
Information Act so long as the Executive Ethics | ||||||
24 | Commission
does not make a finding of a violation of this Act.
| ||||||
25 | If the Executive
Ethics Commission finds that a violation has |
| |||||||
| |||||||
1 | occurred, the
entire record of proceedings before the | ||||||
2 | Commission, the decision and
recommendation, and the mandatory | ||||||
3 | report from the agency head or
ultimate jurisdictional | ||||||
4 | authority to the Executive Ethics
Commission are not exempt | ||||||
5 | from the provisions of the Freedom of
Information Act but | ||||||
6 | information contained therein that is otherwise exempt from
the
| ||||||
7 | Freedom of Information Act must be redacted before disclosure | ||||||
8 | as provided in
Section 8 of the Freedom of Information Act.
| ||||||
9 | (c) Meetings of the Commission under
Sections 20-5
and | ||||||
10 | 20-15 of this Act are exempt from the provisions of the Open
| ||||||
11 | Meetings Act.
| ||||||
12 | (d) Unless otherwise provided in this Act, all | ||||||
13 | investigatory files and
reports of the Office of an Executive | ||||||
14 | Inspector General, other than quarterly
reports, are | ||||||
15 | confidential, are exempt from disclosure
under the Freedom of | ||||||
16 | Information Act, and shall not be divulged to
any person or | ||||||
17 | agency, except as necessary (i) to the appropriate law
| ||||||
18 | enforcement
authority if the matter is referred pursuant to | ||||||
19 | this Act, (ii) to the ultimate
jurisdictional authority, (iii) | ||||||
20 | to the
Executive Ethics Commission; or (iv) to another | ||||||
21 | Inspector General appointed
pursuant to this Act.
| ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
23 | (5 ILCS 430/25-10)
| ||||||
24 | Sec. 25-10. Office of Legislative Inspector General.
| ||||||
25 | (a) The independent Office of the Legislative Inspector |
| |||||||
| |||||||
1 | General is created.
The Office shall be under the direction and | ||||||
2 | supervision of the
Legislative Inspector General and shall be a | ||||||
3 | fully independent office with its
own appropriation.
| ||||||
4 | (b) The Legislative Inspector General shall be appointed | ||||||
5 | without regard to
political
affiliation and solely on the basis | ||||||
6 | of integrity and
demonstrated ability.
The Legislative Ethics
| ||||||
7 | Commission shall diligently search out qualified candidates | ||||||
8 | for Legislative
Inspector General
and shall make | ||||||
9 | recommendations to the General Assembly.
| ||||||
10 | The Legislative Inspector General shall be appointed by a | ||||||
11 | joint resolution of
the
Senate and the House of | ||||||
12 | Representatives, which may specify the date on
which the | ||||||
13 | appointment takes effect.
A joint resolution, or other document | ||||||
14 | as may be specified by the
Joint Rules of the General Assembly, | ||||||
15 | appointing the Legislative Inspector
General must be certified | ||||||
16 | by
the Speaker
of the House of Representatives and the | ||||||
17 | President of the Senate as having been
adopted by the
| ||||||
18 | affirmative vote of three-fifths of the members elected to each | ||||||
19 | house,
respectively,
and be filed with the Secretary of State.
| ||||||
20 | The appointment of the Legislative Inspector General takes | ||||||
21 | effect on the day
the
appointment is completed by the General | ||||||
22 | Assembly, unless the appointment
specifies a later date on | ||||||
23 | which it is to become effective.
| ||||||
24 | The Legislative Inspector General shall have the following | ||||||
25 | qualifications:
| ||||||
26 | (1) has not been convicted of any felony under the laws |
| |||||||
| |||||||
1 | of this State,
another state, or the United States;
| ||||||
2 | (2) has earned a baccalaureate degree from an | ||||||
3 | institution of higher
education; and
| ||||||
4 | (3) has 5 or more years of cumulative service (A) with | ||||||
5 | a federal,
State, or
local law enforcement agency, at least | ||||||
6 | 2 years of which have been in a
progressive investigatory | ||||||
7 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
8 | as a
senior manager or executive of a federal, State, or | ||||||
9 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
10 | federal judge; or (E) representing any combination of (A) | ||||||
11 | through (D).
| ||||||
12 | The Legislative Inspector General may not be a relative of | ||||||
13 | a commissioner.
| ||||||
14 | The term of the initial Legislative Inspector General shall
| ||||||
15 | commence upon qualification and shall run through June 30, | ||||||
16 | 2008.
| ||||||
17 | After the initial term, the Legislative Inspector General | ||||||
18 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
19 | of appointment
and running through June 30 of the fifth | ||||||
20 | following year. The
Legislative Inspector General may be | ||||||
21 | reappointed to one or more
subsequent terms.
| ||||||
22 | A vacancy occurring other than at the end of a term shall | ||||||
23 | be filled in the
same manner as an appointment only for the | ||||||
24 | balance of the term of the
Legislative
Inspector General whose | ||||||
25 | office is vacant.
| ||||||
26 | Terms shall run regardless of whether the position is |
| |||||||
| |||||||
1 | filled.
| ||||||
2 | (c) The Legislative Inspector General
shall have | ||||||
3 | jurisdiction over the members of the General Assembly and
all | ||||||
4 | State employees whose ultimate jurisdictional authority is
(i) | ||||||
5 | a legislative leader, (ii) the Senate Operations Commission, or | ||||||
6 | (iii) the
Joint Committee on Legislative Support Services.
| ||||||
7 | The jurisdiction of each Legislative Inspector General is | ||||||
8 | to investigate
allegations of fraud, waste, abuse, | ||||||
9 | mismanagement, misconduct, nonfeasance,
misfeasance,
| ||||||
10 | malfeasance, or violations of this Act or violations of other | ||||||
11 | related
laws and rules.
| ||||||
12 | (d) The compensation of the Legislative Inspector General | ||||||
13 | shall
be the greater of an amount (i) determined by the | ||||||
14 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
15 | passed by a majority of members elected in
each chamber. | ||||||
16 | (d-5)
Subject to Section 25-45 of this Act, the Legislative | ||||||
17 | Inspector General has
full
authority to organize the Office of | ||||||
18 | the Legislative Inspector General,
including the employment | ||||||
19 | and determination of the compensation of
staff, such as | ||||||
20 | deputies, assistants, and other employees, as
appropriations | ||||||
21 | permit. Employment of staff is subject to the approval of at | ||||||
22 | least 3 of the 4 legislative leaders.
| ||||||
23 | The Office of the Legislative Inspector General must | ||||||
24 | include an administrative and investigative unit dedicated | ||||||
25 | solely to the proactive monitoring and review of the hiring | ||||||
26 | practices and activities of the State agencies under the |
| |||||||
| |||||||
1 | jurisdiction of the Legislative Inspector General. The Office | ||||||
2 | of the Legislative Inspector General shall be given full access | ||||||
3 | to all hiring information of the State agencies under his or | ||||||
4 | her jurisdiction. | ||||||
5 | (e) No Legislative Inspector General or employee of the | ||||||
6 | Office of
the Legislative Inspector General may, during his or | ||||||
7 | her term of appointment or
employment:
| ||||||
8 | (1) become a candidate for any elective office;
| ||||||
9 | (2) hold any other elected or appointed public office
| ||||||
10 | except for appointments on governmental advisory boards
or | ||||||
11 | study commissions or as otherwise expressly authorized by | ||||||
12 | law;
| ||||||
13 | (3) be actively involved in the affairs of any | ||||||
14 | political party or
political organization; or
| ||||||
15 | (4) actively participate in any campaign for any
| ||||||
16 | elective office.
| ||||||
17 | In this subsection an appointed public office means a | ||||||
18 | position authorized by
law that is filled by an appointing | ||||||
19 | authority as provided by law and does not
include employment by | ||||||
20 | hiring in the ordinary course of business.
| ||||||
21 | (e-1) No Legislative Inspector General or employee of the | ||||||
22 | Office of the
Legislative Inspector General may, for one year | ||||||
23 | after the termination of his or
her appointment or employment:
| ||||||
24 | (1) become a candidate for any elective office;
| ||||||
25 | (2) hold any elected public office; or
| ||||||
26 | (3) hold any appointed State, county, or local judicial |
| |||||||
| |||||||
1 | office.
| ||||||
2 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
3 | be waived by the
Legislative Ethics Commission.
| ||||||
4 | (f) The Commission may remove the Legislative Inspector | ||||||
5 | General only for
cause. At the time of the removal, the | ||||||
6 | Commission must report to the General
Assembly the | ||||||
7 | justification for the removal.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| ||||||
9 | (5 ILCS 430/25-20)
| ||||||
10 | Sec. 25-20. Duties of the Legislative Inspector
General. In | ||||||
11 | addition to duties otherwise assigned by law,
the Legislative | ||||||
12 | Inspector General shall have the following duties:
| ||||||
13 | (1) To receive and investigate allegations of | ||||||
14 | violations of this
Act. The
Legislative Inspector General | ||||||
15 | may initiate investigations (i) in response to receive | ||||||
16 | information received through the
Office of the Legislative | ||||||
17 | Inspector General or
through an ethics commission or (ii) .
| ||||||
18 | An investigation may be conducted only in response
to | ||||||
19 | information reported to the Legislative Inspector General
| ||||||
20 | as provided in this Section and not upon his or her own | ||||||
21 | prerogative.
Allegations may not be made anonymously. An | ||||||
22 | investigation may not be initiated
more than one year after | ||||||
23 | the most recent act of the alleged violation or of a
series | ||||||
24 | of alleged violations except where there is reasonable | ||||||
25 | cause to believe
that fraudulent concealment has occurred. |
| |||||||
| |||||||
1 | To constitute fraudulent concealment
sufficient to toll | ||||||
2 | this limitations period, there must be an affirmative act | ||||||
3 | or
representation calculated to prevent discovery of the | ||||||
4 | fact that a violation
has occurred. The
Legislative | ||||||
5 | Inspector General shall have the discretion to determine | ||||||
6 | the
appropriate means of investigation as permitted by law.
| ||||||
7 | (2) To request information relating to an | ||||||
8 | investigation from any
person when the Legislative | ||||||
9 | Inspector General deems that information necessary
in
| ||||||
10 | conducting an investigation.
| ||||||
11 | (3) To issue subpoenas, with the advance approval of | ||||||
12 | the Commission,
to compel the attendance of witnesses for | ||||||
13 | the
purposes of testimony and production of documents and | ||||||
14 | other items for
inspection and copying and to make service | ||||||
15 | of those subpoenas and subpoenas
issued under item (7) of | ||||||
16 | Section 25-15.
| ||||||
17 | (4) To submit reports as required by this Act.
| ||||||
18 | (5) To file
pleadings in the name of
the Legislative | ||||||
19 | Inspector General with the Legislative Ethics
Commission, | ||||||
20 | through the Attorney General, as provided in this Article | ||||||
21 | if the
Attorney General finds that reasonable cause exists | ||||||
22 | to believe that a violation
has
occurred.
| ||||||
23 | (6) To assist and coordinate the ethics officers
for | ||||||
24 | State agencies under the jurisdiction of the
Legislative | ||||||
25 | Inspector General and to work with those ethics officers.
| ||||||
26 | (7) To participate in or conduct, when appropriate, |
| |||||||
| |||||||
1 | multi-jurisdictional
investigations.
| ||||||
2 | (8) To request, as the Legislative Inspector General | ||||||
3 | deems appropriate,
from ethics officers
of State agencies | ||||||
4 | under his or her jurisdiction, reports or information
on | ||||||
5 | (i) the content of a State agency's ethics
training program | ||||||
6 | and (ii) the percentage of new officers and
employees who | ||||||
7 | have completed ethics training.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
9 | (5 ILCS 430/25-50)
| ||||||
10 | Sec. 25-50. Investigation reports; complaint procedure.
| ||||||
11 | (a) If the Legislative Inspector General, upon the | ||||||
12 | conclusion of an
investigation, determines that reasonable | ||||||
13 | cause exists to believe that a
violation
has occurred, then
the | ||||||
14 | Legislative Inspector General shall issue a summary report of | ||||||
15 | the
investigation. The report shall be delivered to the
| ||||||
16 | appropriate ultimate jurisdictional
authority and to the head | ||||||
17 | of each State
agency
affected by or involved in the | ||||||
18 | investigation, if appropriate.
| ||||||
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) Not less than 30 days after delivery of the summary | ||||||
20 | report of
an
investigation under subsection (a),
if the | ||||||
21 | Legislative Inspector General desires to file a petition for | ||||||
22 | leave to
file a
complaint, the Legislative Inspector General | ||||||
23 | shall notify the Commission and
the
Attorney General.
If the | ||||||
24 | Attorney General determines
that reasonable cause exists to | ||||||
25 | believe that a violation has occurred, then the
Legislative | ||||||
26 | Inspector
General, represented by the Attorney
General, may |
| |||||||
| |||||||
1 | file with the Legislative Ethics Commission a petition for
| ||||||
2 | leave to file a complaint.
The petition shall set
forth the | ||||||
3 | alleged violation and the
grounds that exist to support the | ||||||
4 | petition. The petition for leave to
file a complaint must be | ||||||
5 | filed with the Commission within 18 months
after the most | ||||||
6 | recent act of the alleged violation or of a series of alleged
| ||||||
7 | violations
except where there is reasonable cause to believe
| ||||||
8 | that fraudulent concealment has occurred. To constitute | ||||||
9 | fraudulent concealment
sufficient to toll this limitations | ||||||
10 | period, there must be an affirmative act or
representation | ||||||
11 | calculated to prevent discovery of the fact that a violation | ||||||
12 | has
occurred.
If a petition for leave to file a complaint is | ||||||
13 | not filed with the Commission
within 6 months after notice by | ||||||
14 | the Inspector General to the Commission and the
Attorney | ||||||
15 | General, then the Commission may set a meeting of the | ||||||
16 | Commission at
which the Attorney General shall appear and | ||||||
17 | provide a status
report to the Commission.
| ||||||
18 | (d) A copy of the petition must be served on all | ||||||
19 | respondents named in the
complaint and on each respondent's | ||||||
20 | ultimate jurisdictional authority in
the same manner as process | ||||||
21 | is served under the Code of Civil
Procedure.
| ||||||
22 | (e) A respondent may file objections to the petition for | ||||||
23 | leave to
file a complaint within 30 days after notice of the | ||||||
24 | petition has been
served on the respondent.
| ||||||
25 | (f) The Commission shall meet, either in person or by | ||||||
26 | telephone,
in a closed session to review the sufficiency of the |
| |||||||
| |||||||
1 | complaint.
If the Commission finds that complaint is | ||||||
2 | sufficient, the Commission shall
grant the petition for leave | ||||||
3 | to file the
complaint.
The Commission shall
issue notice to the | ||||||
4 | Legislative Inspector General and all respondents of
the | ||||||
5 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
6 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
7 | Act, then the Commission shall notify
the parties and shall
| ||||||
8 | include a hearing date scheduled within 4 weeks after the date | ||||||
9 | of the notice,
unless all of the parties consent to a later | ||||||
10 | date.
If the complaint is deemed not to sufficiently allege a
| ||||||
11 | violation, then
the Commission shall send by certified mail, | ||||||
12 | return receipt requested,
a notice to the parties of the | ||||||
13 | decision to dismiss the complaint.
| ||||||
14 | (g) On the scheduled date
the Commission shall conduct a | ||||||
15 | closed meeting,
either in person or, if the parties consent, by | ||||||
16 | telephone, on the complaint and
allow all
parties the | ||||||
17 | opportunity to present testimony and evidence.
All such | ||||||
18 | proceedings shall be transcribed.
| ||||||
19 | (h) Within an appropriate time limit set by rules of the | ||||||
20 | Legislative
Ethics Commission, the Commission shall (i) | ||||||
21 | dismiss the
complaint or (ii) issue a recommendation of | ||||||
22 | discipline to the
respondent and the respondent's ultimate | ||||||
23 | jurisdictional authority or
impose an administrative fine upon | ||||||
24 | the respondent, or both.
| ||||||
25 | (i) The proceedings on any complaint filed with the | ||||||
26 | Commission
shall be conducted pursuant to rules promulgated by |
| |||||||
| |||||||
1 | the Commission.
| ||||||
2 | (j) The Commission may designate hearing officers
to | ||||||
3 | conduct proceedings as determined by rule of the Commission.
| ||||||
4 | (k) In all proceedings before the Commission, the standard | ||||||
5 | of
proof is by a preponderance of the evidence.
| ||||||
6 | (l) When the Inspector General concludes that there is | ||||||
7 | insufficient
evidence that a violation has occurred, the | ||||||
8 | Inspector General shall close the
investigation. At the request | ||||||
9 | of the subject of the investigation, the
Inspector
General | ||||||
10 | shall provide a written statement to the subject of the | ||||||
11 | investigation
and to the Commission of
the Inspector General's | ||||||
12 | decision to close the investigation. Closure by the
Inspector | ||||||
13 | General does not bar the Inspector General from resuming the
| ||||||
14 | investigation if circumstances warrant.
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
16 | (5 ILCS 430/25-95)
| ||||||
17 | Sec. 25-95. Exemptions.
| ||||||
18 | (a) Documents generated by an ethics
officer under this | ||||||
19 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
20 | Freedom
of Information Act.
| ||||||
21 | (a-5) Requests from ethics officers, members, and State | ||||||
22 | employees to the Office of the Legislative Inspector General, a | ||||||
23 | Special Legislative Inspector General, the Legislative Ethics | ||||||
24 | Commission, an ethics officer, or a person designated by a | ||||||
25 | legislative leader for guidance on matters involving the |
| |||||||
| |||||||
1 | interpretation or application of this Act or rules promulgated | ||||||
2 | under this Act are exempt from the provisions of the Freedom of | ||||||
3 | Information Act. Guidance provided to an ethics officer, | ||||||
4 | member, or State employee at the request of an ethics officer, | ||||||
5 | member, or State employee by the Office of the Legislative | ||||||
6 | Inspector General, a Special Legislative Inspector General, | ||||||
7 | the Legislative Ethics Commission, an ethics officer, or a | ||||||
8 | person designated by a legislative leader on matters involving | ||||||
9 | the interpretation or application of this Act or rules | ||||||
10 | promulgated under this Act is exempt from the provisions of the | ||||||
11 | Freedom of Information Act.
| ||||||
12 | (b) Summary reports published pursuant to subsection (b-5) | ||||||
13 | of Section 25-50 are public records. Other Any allegations
and | ||||||
14 | related documents
submitted to the Legislative Inspector | ||||||
15 | General and any pleadings and
related documents brought before | ||||||
16 | the Legislative Ethics
Commission are exempt from the | ||||||
17 | provisions of the Freedom of
Information Act so long as the | ||||||
18 | Legislative Ethics Commission
does not make a finding of a | ||||||
19 | violation of this Act.
If the Legislative
Ethics Commission | ||||||
20 | finds that a violation has occurred, the
entire record of | ||||||
21 | proceedings before the Commission, the decision and
| ||||||
22 | recommendation, and the mandatory report from the agency head | ||||||
23 | or
ultimate jurisdictional authority to the Legislative Ethics
| ||||||
24 | Commission are not exempt from the provisions of the Freedom of
| ||||||
25 | Information Act but information contained therein that is | ||||||
26 | exempt from the
Freedom of Information Act must be redacted |
| |||||||
| |||||||
1 | before disclosure as provided in
Section 8 of the Freedom of | ||||||
2 | Information Act.
| ||||||
3 | (c) Meetings of the Commission under
Sections 25-5
and | ||||||
4 | 25-15 of this Act are exempt from the provisions of the Open
| ||||||
5 | Meetings Act.
| ||||||
6 | (d) Unless otherwise provided in this Act, all | ||||||
7 | investigatory files and
reports of the Office of the | ||||||
8 | Legislative Inspector General, other than
quarterly
reports, | ||||||
9 | are confidential, are exempt from disclosure
under the Freedom | ||||||
10 | of Information Act, and shall not be divulged to
any person or | ||||||
11 | agency, except as necessary (i) to the appropriate law
| ||||||
12 | enforcement
authority if the matter is referred pursuant to | ||||||
13 | this Act, (ii) to the ultimate
jurisdictional authority, or | ||||||
14 | (iii) to the
Legislative Ethics Commission.
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| ||||||
16 | (5 ILCS 430/30-5)
| ||||||
17 | Sec. 30-5. Appointment of Inspector General.
| ||||||
18 | (a) The Auditor General shall
appoint an Inspector General | ||||||
19 | (i) to investigate allegations of violations of
Articles 5 and
| ||||||
20 | 10 by State officers and employees under his or her | ||||||
21 | jurisdiction , (ii) to proactively monitor and review the hiring | ||||||
22 | practices and activities of the Office of the Auditor General, | ||||||
23 | and (iii) and
(ii) to perform
other
duties and exercise other | ||||||
24 | powers assigned to the Inspectors General by this or
any other
| ||||||
25 | Act. The Inspector General shall be appointed within 6 months |
| |||||||
| |||||||
1 | after the
effective date
of this Act.
| ||||||
2 | (b) The Auditor General
shall
provide by rule for the | ||||||
3 | operation of his or her Inspector General.
It is declared to be | ||||||
4 | in the public interest, safety, and welfare that the
Auditor | ||||||
5 | General adopt emergency rules under the Illinois | ||||||
6 | Administrative
Procedure Act to initially perform his or her | ||||||
7 | duties under this subsection.
| ||||||
8 | (c) The Auditor General
may appoint an existing inspector | ||||||
9 | general as the Inspector General
required by this
Article, | ||||||
10 | provided that such an inspector general is not prohibited by | ||||||
11 | law,
rule,
jurisdiction, qualification, or interest from | ||||||
12 | serving as the Inspector General
required by
this Article.
| ||||||
13 | The Auditor General may not appoint a relative as the | ||||||
14 | Inspector General
required by this Article.
| ||||||
15 | (d) The Inspector General appointed by the Auditor General | ||||||
16 | may be removed by the Auditor General only for cause after the | ||||||
17 | Auditor General certifies to the Senate the reasons for | ||||||
18 | removal, the Senate conducts a public evidentiary hearing on | ||||||
19 | the reasons, and the Senate subsequently votes to remove the | ||||||
20 | Inspector General. | ||||||
21 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
22 | (5 ILCS 430/Art. 60 heading new) | ||||||
23 | ARTICLE 60. OTHER PROVISIONS | ||||||
24 | (5 ILCS 430/60-5 new) |
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1 | Sec. 60-5. Consolidation study. By December 31, 2009, the | ||||||
2 | Executive Inspectors General, the Legislative Inspector | ||||||
3 | General, and the Auditor General's Inspector General jointly | ||||||
4 | shall study and report to the General Assembly upon the | ||||||
5 | feasibility and advisability of the consolidation of their | ||||||
6 | offices into one Office of the Ethics Inspector General.
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7 | Section 10. The Governor's Office of Management and Budget | ||||||
8 | Act is amended by changing Section 1 as follows:
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9 | (20 ILCS 3005/1) (from Ch. 127, par. 411)
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10 | Sec. 1. Definitions.
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11 | "Capital expenditure" means money spent for replacing, | ||||||
12 | remodeling, expanding,
or acquiring facilities, buildings or | ||||||
13 | land owned directly by the State through
any State department, | ||||||
14 | authority, public corporation of the State, State
college or | ||||||
15 | university, or any other public agency created by the State,
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16 | but not units of local government or school districts.
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17 | "Director" means the Director of the Governor's Office of | ||||||
18 | Management and
Budget.
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19 | "Office" means the Governor's Office of Management and | ||||||
20 | Budget.
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21 | "State Agency," whether used in the singular or plural, | ||||||
22 | means all
Departments, Officers, Commissions, Boards, | ||||||
23 | Institutions and bodies,
politic and corporate of the State, | ||||||
24 | including the Offices of Clerk of
the Supreme Court and Clerks |
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1 | of the Appellate Courts; except it shall
not mean the several | ||||||
2 | Courts of the State, nor the Legislature, its
Committees or | ||||||
3 | Commissions, nor the Constitutionally elected State
Officers , | ||||||
4 | nor the Executive Ethics Commission, nor the Offices of | ||||||
5 | Executive Inspectors General .
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6 | (Source: P.A. 93-25, eff. 6-20-03.)
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