Bill Text: IL SB3965 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Metropolitan Transit Authority Act. Provides for the appointment of a Chicago Transit Authority Inspector General for a 4-year term for the purpose of detection and prevention of fraud and mismanagement in the Chicago Transit Authority. Provides that the jurisdiction of the Chicago Transit Authority Inspector General does not include the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, duties, and reporting requirements of the Chicago Transit Authority Inspector General. Amends the Regional Transportation Authority Act. Provides for the appointment of a Regional Transportation Authority Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Regional Transportation Authority, the Commuter Rail Division, the Suburban Bus Division, and the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, jurisdiction, duties, and reporting requirements of the Regional Transportation Authority Inspector General. Requires that the Board of Directors of the Regional Transportation Authority appoint an ethics officer. Amends the Whistleblower Act. Provides that "employer" includes the Office of the Regional Transportation Authority Inspector General. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2010-11-29 - Added Alternate Chief Co-Sponsor Rep. Fred Crespo [SB3965 Detail]

Download: Illinois-2009-SB3965-Engrossed.html

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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 State Officials and Employees Ethics Act is
amended by changing Sections 1-5, 20-5, 20-10, 20-20, 20-21,
20-23, 20-50, 20-55, 20-70, and 70-5 as follows:
(5 ILCS 430/1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a political
organization, or the selection, nomination, or election of
Presidential or Vice-Presidential electors, but does not
include activities (i) relating to the support or opposition of
any executive, legislative, or administrative action (as those
terms are defined in Section 2 of the Lobbyist Registration
Act), (ii) relating to collective bargaining, or (iii) that are
otherwise in furtherance of the person's official State duties.
"Candidate" means a person who has filed nominating papers

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or petitions for nomination or election to an elected State
office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor Relations
Act.
"Commission" means an ethics commission created by this
Act.
"Compensated time" means any time worked by or credited to
a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned by
or awarded to a State employee to compensate in whole or in
part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is defined
in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be

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performed or (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code or (iii) any other
appointee.
"Employment benefits" include but are not limited to the
following: modified compensation or benefit terms; compensated
time off; or change of title, job duties, or location of office
or employment. An employment benefit may also include favorable
treatment in determining whether to bring any disciplinary or
similar action or favorable treatment during the course of any
disciplinary or similar action or other performance review.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member, or
officer.
"Governmental entity" means a unit of local government
(including a community college district) or a school district
but not a State agency.
"Leave of absence" means any period during which a State

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employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a member
of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means an executive branch constitutional officer
or a legislative branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with

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regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any
political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public
opinion poll in connection with a campaign for elective
office or on behalf of a political organization for
political purposes or for or against any referendum
question.
(5) Surveying or gathering information from potential
or actual voters in an election to determine probable vote
outcome in connection with a campaign for elective office
or on behalf of a political organization for political
purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf of
any political organization or candidate for elective
office or for or against any referendum question.

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(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort to
get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf of
a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate for
elective office in that capacity or in connection with a
campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a
political party convention.
(15) Participating in any recount or challenge to the

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outcome of any election, except to the extent that under
subsection (d) of Section 6 of Article IV of the Illinois
Constitution each house of the General Assembly shall judge
the elections, returns, and qualifications of its members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(2) does business or seeks to do business (i) with the
member or officer or (ii) in the case of an employee, with
the employee or with the member, officer, State agency, or
other employee directing the employee;
(3) conducts activities regulated (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(4) has interests that may be substantially affected by
the performance or non-performance of the official duties
of the member, officer, or employee;
(5) is registered or required to be registered with the
Secretary of State under the Lobbyist Registration Act,
except that an entity not otherwise a prohibited source
does not become a prohibited source merely because a
registered lobbyist is one of its members or serves on its
board of directors; or

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(6) is an agent of, a spouse of, or an immediate family
member who is living with a "prohibited source".
"Service Boards" means the Board of the Commuter Rail
Division of the Regional Transportation Authority, the Board of
the Suburban Bus Division of the Regional Transportation
Authority, and the Board of the Chicago Transit Authority
established under the Metropolitan Transit Authority Act.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section 2
of the Higher Education Cooperation Act (except community
colleges), and bodies politic and corporate of the State; and
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government (including community college
districts) and their officers, school districts, and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives, the
President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House of Representatives, the Senate
Operations Commission, and the legislative support services
agencies. "State agency" includes the Office of the Auditor

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General. "State agency" includes all board members, officers,
and employees of the Regional Transportation Authority and each
of the Service Boards. "State agency" does not include the
judicial branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1), the
Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered
under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee
on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act (except community colleges), the

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board of trustees of the appropriate public institution of
higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555,
eff. 8-18-09.)
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary

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appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner 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. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.

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(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that
person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (iii) is
related to the appointing authority, or (iv) is a State officer
or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than the General Assembly, the Senate, the House of
Representatives, the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The jurisdiction of the Commission is limited
to matters arising under this Act.
A member or legislative branch State employee serving on an
executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.

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The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-10) The Executive Ethics Commission shall have
jurisdiction over all board members, officers, and employees of
the Regional Transportation Authority and each of the Service
Boards.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and as
often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections and
may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;

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(2) 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;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director
shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and procurement compliance monitors in
accordance with the provisions of the Illinois Procurement
Code. The compensation of a chief procurement officer and
procurement compliance monitor shall be determined by the
Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-10)

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Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members concurring
by record vote. Any nomination not acted upon by the Senate
within 60 session days of the receipt thereof shall be deemed
to have received the advice and consent of the Senate. If,
during a recess of the Senate, there is a vacancy in an office
of Executive Inspector General, the appointing authority shall
make a temporary appointment until the next meeting of the
Senate when the appointing authority shall make a nomination to
fill that office. No person rejected for an office of Executive
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.
Nothing in this Article precludes the appointment by the

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Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is not
prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.
Each Executive 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 (A) with
a federal, State, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (B) as a federal, State, or local prosecutor; (C)
as a senior manager or executive of a federal, State, or
local agency; (D) as a member, an officer, or a State or
federal judge; or (E) representing any combination of (A)
through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,

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2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Secretary of State. The
Executive Inspector General appointed by the Comptroller shall
have jurisdiction over the Comptroller and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Comptroller. The

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Executive Inspector General appointed by the Treasurer shall
have jurisdiction over the Treasurer and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Treasurer. The
Executive Inspector General appointed by the Governor shall
have jurisdiction over the Governor, the Lieutenant Governor,
and all officers and employees of, and vendors and others doing
business with, executive branch State agencies under the
jurisdiction of the Executive Ethics Commission and not within
the jurisdiction of the Attorney General, the Secretary of
State, the Comptroller, or the Treasurer. The Executive
Inspector General for the Office of the Governor shall also
have jurisdiction over the board members, officers, and
employees of the Regional Transportation Authority and each of
the Service Boards.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be made from appropriations made to the Comptroller for
this purpose. Subject to Section 20-45 of this Act, each
Executive Inspector General has full authority to organize his
or her Office of the Executive Inspector General, including the

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employment and determination of the compensation of staff, such
as deputies, assistants, and other employees, as
appropriations permit. A separate appropriation shall be made
for each Office of Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) 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;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment by
hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or

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(3) hold any appointed State, county, or local judicial
office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 96-555, eff. 8-18-09.)
(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

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means of investigation as permitted by law.
(1.5) To receive and investigate allegations of fraud,
waste, abuse, mismanagement, misconduct, nonfeasance,
misfeasance, malfeasance, or violations of the Regional
Transportation Authority Act or violations of other
related laws or rules.
(2) To request information relating to an
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.

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(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
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.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-21)
Sec. 20-21. Special Executive Inspectors General.
(a) The Executive Ethics Commission, on its own initiative
and by majority vote, may appoint special Executive Inspectors
General (i) to investigate alleged violations of this Act or
the Regional Transportation Authority Act and other related
laws and rules if an investigation by the Inspector General was

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not concluded within 6 months after its initiation, where the
Commission finds that the Inspector General's reasons under
Section 20-65 for failing to complete the investigation are
insufficient, (ii) to accept referrals from the Commission of
allegations made pursuant to this Act concerning an Executive
Inspector General or employee of an Office of an Executive
Inspector General and to investigate those allegations, (iii)
to investigate matters within the jurisdiction of an Executive
Inspector General if an Executive Inspector General (including
his or her employees) could be reasonably deemed to be a
wrongdoer or suspect, or if in the determination of the
Commission, an investigation presents real or apparent
conflicts of interest for the Office of the Executive Inspector
General, and (iv) to investigate alleged violations of this Act
pursuant to Section 20-50 and Section 20-51.
(b) A special Executive Inspector General must have the
same qualifications as an Executive Inspector General
appointed under Section 20-10.
(c) The Commission's appointment of a special Executive
Inspector General must be in writing and must specify the
duration and purpose of the appointment.
(d) A special Executive Inspector General shall have the
same powers and duties with respect to the purpose of his or
her appointment as an Executive Inspector General appointed
under Section 20-10.
(e) A special Executive Inspector General shall report the

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findings of his or her investigation to the Commission.
(f) The Commission may report the findings of a special
Executive Inspector General and its recommendations, if any, to
the appointing authority of the appropriate Executive
Inspector General.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-23)
Sec. 20-23. Ethics Officers. Each officer and the head of
each State agency, including the Regional Transportation
Authority and each of the Service Boards, under the
jurisdiction of the Executive Ethics Commission shall
designate an Ethics Officer for the office or State agency.
Ethics Officers shall:
(1) act as liaisons between the State agency, including
the Regional Transportation Authority and each of the
Service Boards, and the appropriate Executive Inspector
General and between the State agency, including the
Regional Transportation Authority and each of the Service
Boards, and the Executive Ethics Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the Secretary
of State; and
(3) provide guidance to officers and employees in the
interpretation and implementation of this Act or the

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Regional Transportation Authority Act and related laws and
rules, which the officer or employee may in good faith rely
upon. Such guidance shall be based, wherever possible, upon
legal precedent in court decisions, opinions of the
Attorney General, and the findings and opinions of the
Executive Ethics Commission.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/20-50)
Sec. 20-50. Investigation reports.
(a) If an Executive Inspector General, upon the conclusion
of an investigation, determines that reasonable cause exists to
believe that a violation has occurred, then the Executive
Inspector General shall issue a summary report of the
investigation. The report shall be delivered to the appropriate
ultimate jurisdictional authority and to the head of each State
agency, including the Regional Transportation Authority and
the Service Boards, affected by or involved in the
investigation, if appropriate. The appropriate ultimate
jurisdictional authority or agency head shall respond to the
summary report within 20 days, in writing, to the Executive
Inspector General. The response shall include a description of
any corrective or disciplinary action to be imposed.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other

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information received by the Executive Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) 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.
(4) Other information the Executive Inspector General
deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), the Executive Inspector General shall
notify the Commission and the Attorney General if the Executive
Inspector General believes that a complaint should be filed
with the Commission. If the Executive Inspector General desires
to file a complaint with the Commission, the Executive
Inspector General shall submit the summary report and
supporting documents to the Attorney General. If the Attorney
General concludes that there is insufficient evidence that a
violation has occurred, the Attorney General shall notify the
Executive Inspector General and the Executive Inspector
General shall deliver to the Executive Ethics Commission a copy
of the summary report and response from the ultimate
jurisdictional authority or agency head. If the Attorney

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General determines that reasonable cause exists to believe that
a violation has occurred, then the Executive Inspector General,
represented by the Attorney General, may file with the
Executive Ethics Commission a complaint. The complaint shall
set forth the alleged violation and the grounds that exist to
support the complaint. The complaint must be filed with the
Commission within 18 months 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. If a
complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Executive Inspector General does
not believe that a complaint should be filed, the Executive
Inspector General shall deliver to the Executive Ethics
Commission a statement setting forth the basis for the decision
not to file a complaint and a copy of the summary report and
response from the ultimate jurisdictional authority or agency

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head. An Inspector General may also submit a redacted version
of the summary report and response from the ultimate
jurisdictional authority if the Inspector General believes
either contains information that, in the opinion of the
Inspector General, should be redacted prior to releasing the
report, may interfere with an ongoing investigation, or
identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Executive Inspector General
provide additional information or conduct further
investigation. The Commission may also appoint a Special
Executive Inspector General to investigate or refer the summary
report and response from the ultimate jurisdictional authority
to the Attorney General for further investigation or review. If
the Commission requests the Attorney General to investigate or
review, the Commission must notify the Attorney General and the
Inspector General. The Attorney General may not begin an
investigation or review until receipt of notice from the
Commission. If, after review, the Attorney General determines
that reasonable cause exists to believe that a violation has
occurred, then the Attorney General may file a complaint with
the Executive Ethics Commission. If the Attorney General
concludes that there is insufficient evidence that a violation
has occurred, the Attorney General shall notify the Executive
Ethics Commission and the appropriate Executive Inspector

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General.
(d) A copy of the complaint filed with the Executive Ethics
Commission must be served on all respondents named in the
complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, either in person or by
telephone, at least 30 days after the complaint is served on
all respondents in a closed session to review the sufficiency
of the complaint. The Commission shall issue notice by
certified mail, return receipt requested, to the Executive
Inspector General, Attorney General, and all respondents of the
Commission's ruling on the sufficiency of the complaint. If the
complaint is deemed to sufficiently allege a violation of this
Act or the Regional Transportation Authority Act and other
related laws and rules, then the Commission shall include a
hearing date scheduled within 4 weeks after the date of the
notice, unless all of the parties consent to a later date. If
the complaint is deemed not to sufficiently allege a violation,
then the Commission shall send by certified mail, return
receipt requested, a notice to the Executive Inspector General,
Attorney General, and all respondents of the decision to
dismiss the complaint.

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(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Executive Ethics Commission, the Commission shall (i) dismiss
the complaint, (ii) issue a recommendation of discipline to the
respondent and the respondent's ultimate jurisdictional
authority, (iii) impose an administrative fine upon the
respondent, (iv) issue injunctive relief as described in
Section 50-10, or (v) impose a combination of (ii) through
(iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by
the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Executive Ethics Commission shall make public the
entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional

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authority to the Executive Ethics Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-55)
Sec. 20-55. Decisions; recommendations.
(a) All decisions of the Executive Ethics Commission must
include a description of the alleged misconduct, the decision
of the Commission, including any fines levied and any
recommendation of discipline, and the reasoning for that
decision. All decisions of the Commission shall be delivered to
the head of the appropriate State agency, including the
Regional Transportation Authority and the Service Boards, the
appropriate ultimate jurisdictional authority, and the
appropriate Executive Inspector General. The Executive Ethics
Commission shall promulgate rules for the decision and
recommendation process.
(b) If the Executive Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Executive Ethics
Commission. This response must include any disciplinary action
the agency head or ultimate jurisdictional authority has taken
with respect to the officer or employee in question. If the
agency head or ultimate jurisdictional authority did not take
any disciplinary action, or took a different disciplinary

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action than that recommended by the Executive Ethics
Commission, the agency head or ultimate jurisdictional
authority must describe the different action and explain the
reasons for the different action in the written response. This
response must be served upon the Executive Ethics Commission
and the appropriate Executive Inspector General within the
30-day period and is not exempt from the provisions of the
Freedom of Information Act.
(c) Disciplinary action under this Act against a person
subject to the Personnel Code, the Secretary of State Merit
Employment Code, the Comptroller Merit Employment Code, or the
State Treasurer Employment Code is within the jurisdiction of
the Executive Ethics Commission and is not within the
jurisdiction of those Acts.
(d) Any hearing to contest disciplinary action for a
violation of this Act against a person subject to the Personnel
Code, the Secretary of State Merit Employment Code, the
Comptroller Merit Employment Code, or the State Treasurer
Employment Code pursuant to an agreement between an Executive
Inspector General and an ultimate jurisdictional authority
shall be conducted by the Executive Ethics Commission and not
under any of those Acts.
(e) Any investigation or inquiry by the Executive Ethics
Commission or the Executive Inspector General for the Office of
the Governor of any Board member, officer, or employee of the
Regional Transportation Authority or a Service Board must be

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conducted in accordance with the rights of the employees as set
forth in State and federal law and applicable judicial
decisions. Any recommendations for corrective or disciplinary
action toward any employee of the Regional Transportation
Authority or a Service Board must comply with the provisions of
any collective bargaining agreement that may apply to the
employee.
(f) Nothing in this Section shall diminish the rights,
privileges, or remedies of any Board member, officer, or
employee of the Regional Transportation Authority or a Service
Board under any other federal or State law, rule, or regulation
or under any collective bargaining agreement.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-70)
Sec. 20-70. Cooperation in investigations.
(a) It is the duty of every officer and employee under the
jurisdiction of an Executive Inspector General, including any
inspector general serving in any State agency under the
jurisdiction of that Executive Inspector General, to cooperate
with the Executive Inspector General and the Attorney General
in any investigation undertaken pursuant to this Act. Failure
to cooperate includes, but is not limited to, intentional
omissions and knowing false statements. Failure to cooperate
with an investigation of the Executive Inspector General or the
Attorney General is grounds for disciplinary action, including

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dismissal. Nothing in this Section limits or alters a person's
existing rights or protections under State or federal law.
(b) All Board members, officers, and employees of the
Regional Transportation Authority or a Service Board and all
officers, employees, vendors, subcontractors, and others doing
business with the Regional Transportation Authority or a
Service Board have a duty to cooperate with the Executive
Ethics Commission and the Executive Inspector General for the
Office of the Governor 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 by
the Regional Transportation Authority or the appropriate
Service Board. Nothing in this Section limits or alters a
person's existing rights or protections under State or federal
law.
(c) All Board members, officers, and employees of the
Regional Transportation Authority or a Service Board have a
duty to report, directly and without undue delay, to the
Executive Inspector General for the Office of the Governor any
information concerning conduct which they know or should
reasonably know to involve corruption or other criminal
activity by a Board member, officer, employee, vendor,
subcontractor, or others doing business with the Regional
Transportation Authority or a Service Board. Failure to report

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corrupt or other criminal activity to the Executive Inspector
General for the Office of the Governor is grounds for
disciplinary action by the Regional Transportation Authority
or a Service Board, as applicable.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/70-5)
Sec. 70-5. Adoption by governmental entities. Adoption by
governmental entities.
(a) Within 6 months after the effective date of this Act,
each governmental entity other than a community college
district, and each community college district within 6 months
after the effective date of this amendatory Act of the 95th
General Assembly, shall adopt an ordinance or resolution that
regulates, in a manner no less restrictive than Section 5-15
and Article 10 of this Act, (i) the political activities of
officers and employees of the governmental entity and (ii) the
soliciting and accepting of gifts by and the offering and
making of gifts to officers and employees of the governmental
entity.
(b) Within 3 months after the effective date of this
amendatory Act of the 93rd General Assembly, the Attorney
General shall develop model ordinances and resolutions for the
purpose of this Article. The Attorney General shall advise
governmental entities on their contents and adoption.
(c) As used in this Article, (i) an "officer" means an

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elected or appointed official; regardless of whether the
official is compensated, and (ii) an "employee" means a
full-time, part-time, or contractual employee.
(d) On and after the effective date of this amendatory Act
of the 96th General Assembly, the provisions of this Section do
not apply to any board member, officer, or employee of the
Regional Transportation Authority or a Service Board.
(Source: P.A. 95-880, eff. 8-19-08.)
Section 99. Effective date. This Act takes effect June 1,
2011.