Bill Text: IL HB5499 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Creates the Offices of Executive Employee Advocacy and the Office of Legislative Employee Advocacy. Provides for the appointment of a Director to head each respective Office of Employee Advocacy. Provides for the qualifications and compensation of the Director. Provides that each respective Office of Employee Advocacy shall provide all employees over which it has jurisdiction with legal assistance, representation, and support concerning any complaint, investigation, or proceeding initiated under specified provisions of the Act, and operate a hotline through which covered employees may contact the Office concerning such matters. Allows the Director to employ and determine the compensation of staff as he or she determines necessary to carry out the functions of the Office. Provides that Executive Inspectors General and the Legislative Inspector General shall have the duty to appoint Directors of Employee Advocacy.

Sponsorship: Moderate Partisan Bill (Democrat 15-3)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5499 Detail]

Download: Illinois-2017-HB5499-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5499 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-20
5 ILCS 430/20-100 new
5 ILCS 430/25-20
5 ILCS 430/25-100 new
Amends the State Officials and Employees Ethics Act. Creates the Offices of Executive Employee Advocacy and the Office of Legislative Employee Advocacy. Provides for the appointment of a Director to head each respective Office of Employee Advocacy. Provides for the qualifications and compensation of the Director. Provides that each respective Office of Employee Advocacy shall provide all employees over which it has jurisdiction with legal assistance, representation, and support concerning any complaint, investigation, or proceeding initiated under specified provisions of the Act, and operate a hotline through which covered employees may contact the Office concerning such matters. Allows the Director to employ and determine the compensation of staff as he or she determines necessary to carry out the functions of the Office. Provides that Executive Inspectors General and the Legislative Inspector General shall have the duty to appoint Directors of Employee Advocacy.
LRB100 17849 RJF 33030 b
A BILL FOR
HB5499 LRB100 17849 RJF 33030 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Sections 20-20 and 25-20 and by adding
Sections 20-100 and 25-100 as follows:
(5 ILCS 430/20-20)
Sec. 20-20. Duties of the Executive Inspectors General. In
addition to duties otherwise assigned by law, each Executive
Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. An investigation may not be
initiated more than one year 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 Executive Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.
(2) To request information relating to an

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investigation from any person when the Executive Inspector
General deems that information necessary in conducting an
investigation.
(3) To issue subpoenas to compel the attendance of
witnesses for the purposes of testimony and production of
documents and other items for inspection and copying and to
make service of those subpoenas and subpoenas issued under
item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive
Inspector General with the Executive Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Executive Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training program
and (ii) the percentage of new officers and employees who
have completed ethics training.
(9) To review hiring and employment files of each State

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agency within the Executive Inspector General's
jurisdiction to ensure compliance with Rutan v. Republican
Party of Illinois, 497 U.S. 62 (1990), and with all
applicable employment laws.
(10) To establish a policy that ensures the appropriate
handling and correct recording of all investigations
conducted by the Office, and to ensure that the policy is
accessible via the Internet in order that those seeking to
report those allegations are familiar with the process and
that the subjects of those allegations are treated fairly.
(11) To appoint a Director of Executive Employee
Advocacy as provided under Section 20-100.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-100 new)
Sec. 20-100. Offices of Executive Employee Advocacy.
(a) Five Offices of Executive Employee Advocacy are
created, one each in the Offices of the Executive Inspector
General for the Governor, the Attorney General, the Secretary
of State, the Comptroller, and the Treasurer.
(b) Each Executive Inspector General shall appoint a
Director as head of each Office of Executive Employee advocacy.
Each Director appointed under this subsection (b) shall have
jurisdiction over the same officers and employees as his or her
appointing Executive Inspector General. The individual
appointed as Director shall be a licensed attorney-at-law of

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this State. The compensation for each Director of Executive
Employee Advocacy shall be determined by the Executive
Inspector General as authorized under subsection (d) of Section
20-10. The Director may be removed by the Executive Inspector
General only for cause. Each Director shall be appointed
without regard to political affiliation and solely on the basis
of fitness to perform the duties of the position.
(c) Each Office of Executive Employee Advocacy shall
provide all employees over which it has jurisdiction with legal
assistance, representation, and support concerning any
complaint, investigation, or proceeding initiated under this
Article. Each Office of Executive Employee Advocacy shall also
operate a hotline through which covered employees may contact
the Office concerning a complaint, investigation, or
proceeding initiated under this Article. The relationship
between the Office and an employee to whom the Office provides
legal assistance and representation under this Section shall be
the relationship between an attorney and client.
(d) Subject to rules adopted by the Executive Ethics
Commission and with the approval of the appropriate Executive
Inspector General, each Director may employ and determine the
compensation of staff as he or she determines necessary to
carry out the functions of the Office of Executive Employee
Advocacy.
(5 ILCS 430/25-20)

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Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. Except as otherwise provided in
paragraph (1.5), an investigation may not be initiated more
than one year 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 Legislative Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.
(1.5) Notwithstanding any provision of law to the
contrary, the Legislative Inspector General, whether
appointed by the Legislative Ethics Commission or the
General Assembly, may initiate an investigation based on
information provided to the Office of the Legislative
Inspector General or the Legislative Ethics Commission
during the period from December 1, 2014 through November 3,
2017. Any investigation initiated under this paragraph
(1.5) must be initiated within one year after the effective
date of this amendatory Act of the 100th General Assembly.

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(2) To request information relating to an
investigation from any person when the Legislative
Inspector General deems that information necessary in
conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, to compel the attendance of witnesses for
the purposes of testimony and production of documents and
other items for inspection and copying and to make service
of those subpoenas and subpoenas issued under item (7) of
Section 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Legislative
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Legislative Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training program
and (ii) the percentage of new officers and employees who

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have completed ethics training.
(9) To establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations and to ensure that the policy is accessible via
the Internet in order that those seeking to report those
allegations are familiar with the process and that the
subjects of those allegations are treated fairly.
(10) To appoint a Director of Legislative Employee
Advocacy as provided under Section 25-100.
(Source: P.A. 100-553, eff. 11-16-17.)
(5 ILCS 430/25-100 new)
Sec. 25-100. Office of Legislative Employee Advocacy.
(a) The Office of Legislative Employee Advocacy is created
in the Office of the Legislative Inspector General.
(b) The Legislative Inspector General shall appoint a
Director as head of the Office of Legislative Employee
advocacy. The Director appointed under this subsection (b)
shall have jurisdiction over the same officers and employees as
the Legislative Inspector General. The individual appointed as
Director shall be a licensed attorney-at-law of this State. The
compensation for the Director of Legislative Employee Advocacy
shall be determined by the Legislative Inspector General as
authorized under subsection (d) of Section 25-10. The Director
may be removed by the Legislative Inspector General only for
cause. The Director shall be appointed without regard to

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political affiliation and solely on the basis of fitness to
perform the duties of the position.
(c) The Office of Legislative Employee Advocacy shall
provide all employees over which it has jurisdiction with legal
assistance, representation, and support concerning any
complaint, investigation, or proceeding initiated under this
Article. The Office of Legislative Employee Advocacy shall also
operate a hotline through which covered employees may contact
the Office concerning a complaint, investigation, or
proceeding initiated under this Article. The relationship
between the Office and an employee to whom the Office provides
legal assistance and representation under this Section shall be
the relationship between an attorney and client.
(d) Subject to rules adopted by the Executive Ethics
Commission and with the approval of the Legislative Inspector
General, the Director may employ and determine the compensation
of staff as he or she determines necessary to carry out the
functions of the Office of Legislative Employee Advocacy.