Full Text of SB3965 96th General Assembly
SB3965eng 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Sections 1-5, 20-5, 20-10, 20-20, 20-21, | 6 | | 20-23, 20-50, 20-55, 20-70, and 70-5 as follows: | 7 | | (5 ILCS 430/1-5)
| 8 | | Sec. 1-5. Definitions. As used in this Act:
| 9 | | "Appointee" means a person appointed to a position in or | 10 | | with a State
agency, regardless of whether the position is | 11 | | compensated.
| 12 | | "Campaign for elective office" means any activity in | 13 | | furtherance of an
effort to influence the selection, | 14 | | nomination, election, or appointment of any
individual to any | 15 | | federal, State, or local public office or office in a
political | 16 | | organization, or the selection, nomination, or election
of | 17 | | Presidential or Vice-Presidential electors,
but does not | 18 | | include
activities (i) relating to the support or opposition of | 19 | | any executive,
legislative, or administrative action (as those | 20 | | terms are defined in Section 2
of the Lobbyist Registration | 21 | | Act), (ii) relating to collective bargaining, or
(iii) that are | 22 | | otherwise in furtherance of the person's official State duties.
| 23 | | "Candidate" means a person who has
filed nominating papers |
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| 1 | | or petitions for nomination or election to an elected
State | 2 | | office, or who has been appointed to fill a vacancy in | 3 | | nomination, and
who remains eligible for placement on the | 4 | | ballot at either a
general primary election or general | 5 | | election.
| 6 | | "Collective bargaining" has the same meaning as that term | 7 | | is defined in
Section 3 of the Illinois Public Labor Relations | 8 | | Act.
| 9 | | "Commission" means an ethics commission created by this | 10 | | Act.
| 11 | | "Compensated time" means any time worked by or credited to | 12 | | a State employee
that counts
toward any minimum work time | 13 | | requirement imposed as a condition of employment
with a State | 14 | | agency, but does not include any designated State holidays or | 15 | | any
period when the employee is on a
leave of absence.
| 16 | | "Compensatory time off" means authorized time off earned by | 17 | | or awarded to a
State employee to compensate in whole or in | 18 | | part for time worked in excess of
the minimum work time | 19 | | required
of that employee as a condition of employment with a | 20 | | State agency.
| 21 | | "Contribution" has the same meaning as that term is defined | 22 | | in Section 9-1.4
of the Election Code.
| 23 | | "Employee" means (i) any person employed full-time, | 24 | | part-time, or
pursuant to a contract and whose employment | 25 | | duties are subject to the direction
and
control of an employer | 26 | | with regard to the material details of how the work is
to be |
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| 1 | | performed or (ii) any appointed or elected commissioner, | 2 | | trustee, director, or board member of a board of a State | 3 | | agency, including any retirement system or investment board | 4 | | subject to the Illinois Pension Code or (iii) any other | 5 | | appointee.
| 6 | | "Employment benefits" include but are not limited to the | 7 | | following: modified compensation or benefit terms; compensated | 8 | | time off; or change of title, job duties, or location of office | 9 | | or employment. An employment benefit may also include favorable | 10 | | treatment in determining whether to bring any disciplinary or | 11 | | similar action or favorable treatment during the course of any | 12 | | disciplinary or similar action or other performance review. | 13 | | "Executive branch constitutional officer" means the | 14 | | Governor, Lieutenant
Governor, Attorney General, Secretary of | 15 | | State, Comptroller, and Treasurer.
| 16 | | "Gift" means any gratuity, discount, entertainment, | 17 | | hospitality, loan,
forbearance, or other tangible or | 18 | | intangible item having monetary value
including, but not
| 19 | | limited to, cash, food and drink, and honoraria for speaking | 20 | | engagements
related to or attributable to government | 21 | | employment or the official position of
an
employee, member, or | 22 | | officer.
| 23 | | "Governmental entity" means a unit of local government | 24 | | (including a community college district) or a school
district | 25 | | but not a State
agency.
| 26 | | "Leave of absence" means any period during which a State |
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| 1 | | employee does not
receive (i) compensation for State | 2 | | employment, (ii) service credit towards
State pension | 3 | | benefits, and (iii) health insurance benefits paid for by the
| 4 | | State.
| 5 | | "Legislative branch constitutional officer" means a member | 6 | | of the General
Assembly and the Auditor General.
| 7 | | "Legislative leader" means the President and Minority | 8 | | Leader of the Senate
and the Speaker and Minority Leader of the | 9 | | House of Representatives.
| 10 | | "Member" means a member of the General Assembly.
| 11 | | "Officer" means an executive branch constitutional officer
| 12 | | or a
legislative branch constitutional officer.
| 13 | | "Political" means any activity in support
of or in | 14 | | connection with any campaign for elective office or any | 15 | | political
organization, but does not include activities (i) | 16 | | relating to the support or
opposition of any executive, | 17 | | legislative, or administrative action (as those
terms are | 18 | | defined in Section 2 of the Lobbyist Registration Act), (ii) | 19 | | relating
to collective bargaining, or (iii) that are
otherwise
| 20 | | in furtherance of the person's official
State duties or | 21 | | governmental and public service functions.
| 22 | | "Political organization" means a party, committee, | 23 | | association, fund, or
other organization (whether or not | 24 | | incorporated) that is required to file a
statement of | 25 | | organization with the State Board of Elections or a county | 26 | | clerk
under Section 9-3 of the Election Code, but only with |
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| 1 | | regard to those
activities that require filing with the State | 2 | | Board of Elections or a county
clerk.
| 3 | | "Prohibited political activity" means:
| 4 | | (1) Preparing for, organizing, or participating in any
| 5 | | political meeting, political rally, political | 6 | | demonstration, or other political
event.
| 7 | | (2) Soliciting contributions, including but not | 8 | | limited to the purchase
of, selling, distributing, or | 9 | | receiving
payment for tickets for any political | 10 | | fundraiser,
political meeting, or other political event.
| 11 | | (3) Soliciting, planning the solicitation of, or | 12 | | preparing any document or
report regarding any thing of | 13 | | value intended as a campaign contribution.
| 14 | | (4) Planning, conducting, or participating in a public | 15 | | opinion
poll in connection with a campaign for elective | 16 | | office or on behalf of a
political organization for | 17 | | political purposes or for or against any referendum
| 18 | | question.
| 19 | | (5) Surveying or gathering information from potential | 20 | | or actual
voters in an election to determine probable vote | 21 | | outcome in connection with a
campaign for elective office | 22 | | or on behalf of a political organization for
political | 23 | | purposes or for or against any referendum question.
| 24 | | (6) Assisting at the polls on election day on behalf of | 25 | | any
political organization or candidate for elective | 26 | | office or for or against any
referendum
question.
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| 1 | | (7) Soliciting votes on behalf of a candidate for | 2 | | elective office or a
political organization or for or | 3 | | against any referendum question or helping in
an effort to | 4 | | get voters
to the polls.
| 5 | | (8) Initiating for circulation, preparing, | 6 | | circulating, reviewing, or
filing any petition on
behalf of | 7 | | a candidate for elective office or for or against any | 8 | | referendum
question.
| 9 | | (9) Making contributions on behalf
of any candidate for | 10 | | elective office in that capacity or in connection with a
| 11 | | campaign for elective office.
| 12 | | (10) Preparing or reviewing responses to candidate | 13 | | questionnaires in
connection with a campaign for elective | 14 | | office or on behalf of a political
organization for | 15 | | political purposes.
| 16 | | (11) Distributing, preparing for distribution, or | 17 | | mailing campaign
literature, campaign signs, or other | 18 | | campaign material on behalf of any
candidate for elective | 19 | | office or for or against any referendum question.
| 20 | | (12) Campaigning for any elective
office or for or | 21 | | against any referendum question.
| 22 | | (13) Managing or working on a campaign for elective
| 23 | | office or for or against any referendum question.
| 24 | | (14) Serving as a delegate, alternate, or proxy to a | 25 | | political
party convention.
| 26 | | (15) Participating in any recount or challenge to the |
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| 1 | | outcome of
any election, except to the extent that under | 2 | | subsection (d) of
Section 6 of Article IV of the Illinois | 3 | | Constitution each house of the General
Assembly shall judge | 4 | | the elections, returns, and qualifications of its members.
| 5 | | "Prohibited source" means any person or entity who:
| 6 | | (1) is seeking official action (i) by the
member or | 7 | | officer or (ii) in the case of an employee, by
the employee
| 8 | | or by the
member, officer, State agency, or other employee | 9 | | directing the
employee;
| 10 | | (2) does business or seeks to do business (i) with the
| 11 | | member or officer or (ii) in the case of an employee,
with | 12 | | the
employee or with the member, officer, State agency, or | 13 | | other
employee directing the
employee;
| 14 | | (3) conducts activities regulated (i) by the
member or | 15 | | officer or (ii) in the case of an employee, by
the employee | 16 | | or by the member, officer, State agency, or
other employee | 17 | | directing the employee;
| 18 | | (4) has interests that may be substantially affected by | 19 | | the performance or
non-performance of the official duties | 20 | | of the member, officer, or
employee;
| 21 | | (5) is registered or required to be registered with the | 22 | | Secretary of State
under the Lobbyist Registration Act, | 23 | | except that an entity not otherwise a
prohibited source | 24 | | does not become a prohibited source merely because a
| 25 | | registered lobbyist is one of its members or serves on its | 26 | | board of
directors; or |
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| 1 | | (6) is an agent of, a spouse of, or an immediate family | 2 | | member who is living with a "prohibited source".
| 3 | | "Service Boards" means the Board of the Commuter Rail | 4 | | Division of the Regional Transportation Authority, the Board of | 5 | | the Suburban Bus Division of the Regional Transportation | 6 | | Authority, and the Board of the Chicago Transit Authority | 7 | | established under the Metropolitan Transit Authority Act. | 8 | | "State agency" includes all officers, boards, commissions | 9 | | and agencies
created by the Constitution, whether in the | 10 | | executive or legislative
branch; all officers,
departments, | 11 | | boards, commissions, agencies, institutions, authorities,
| 12 | | public institutions of higher learning as defined in Section 2 | 13 | | of the Higher
Education
Cooperation Act (except community | 14 | | colleges), and bodies politic and corporate of the State; and
| 15 | | administrative
units or corporate outgrowths of the State | 16 | | government which are created by
or pursuant to statute, other | 17 | | than units of local government (including community college | 18 | | districts) and their
officers, school districts, and boards of | 19 | | election commissioners; and all
administrative units and | 20 | | corporate outgrowths of the above and as may be
created by | 21 | | executive order of the Governor. "State agency" includes the | 22 | | General
Assembly, the Senate, the House of Representatives, the | 23 | | President and Minority
Leader of the Senate, the Speaker and | 24 | | Minority Leader of the House of
Representatives, the Senate | 25 | | Operations Commission, and the legislative support
services | 26 | | agencies. "State agency" includes the Office
of the Auditor |
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| 1 | | General. "State agency" includes all board members, officers, | 2 | | and employees of the Regional Transportation Authority and each | 3 | | of the Service Boards. "State agency" does not include the | 4 | | judicial branch.
| 5 | | "State employee" means any employee of a State agency.
| 6 | | "Ultimate jurisdictional
authority" means the following:
| 7 | | (1) For members, legislative partisan staff, and | 8 | | legislative secretaries,
the appropriate
legislative | 9 | | leader: President of the
Senate, Minority Leader of the | 10 | | Senate, Speaker of the House of Representatives,
or | 11 | | Minority Leader of the House of Representatives.
| 12 | | (2) For State employees who are professional staff or | 13 | | employees of the
Senate and not covered under item (1), the | 14 | | Senate Operations Commission.
| 15 | | (3) For State employees who are professional staff or | 16 | | employees of the
House of Representatives and not covered | 17 | | under item (1), the Speaker of the
House of | 18 | | Representatives.
| 19 | | (4) For State employees who are employees of the | 20 | | legislative support
services agencies, the Joint Committee | 21 | | on Legislative Support Services.
| 22 | | (5) For State employees of the Auditor General, the | 23 | | Auditor General.
| 24 | | (6) For State employees of public institutions of | 25 | | higher learning as
defined in Section 2 of the Higher | 26 | | Education Cooperation Act (except community colleges), the |
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| 1 | | board of
trustees of the appropriate public institution of | 2 | | higher learning.
| 3 | | (7) For State employees of an executive branch | 4 | | constitutional officer
other than those described in | 5 | | paragraph (6), the
appropriate executive branch | 6 | | constitutional officer.
| 7 | | (8) For State employees not under the jurisdiction of | 8 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | 9 | | Governor.
| 10 | | (Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555, | 11 | | eff. 8-18-09.) | 12 | | (5 ILCS 430/20-5)
| 13 | | Sec. 20-5. Executive Ethics Commission.
| 14 | | (a) The Executive Ethics Commission is created.
| 15 | | (b) The Executive Ethics Commission shall consist of 9
| 16 | | commissioners.
The Governor shall appoint 5 commissioners, and | 17 | | the Attorney General, Secretary
of State, Comptroller, and | 18 | | Treasurer shall each appoint one commissioner.
Appointments | 19 | | shall be made by and with the advice and consent of the
Senate | 20 | | by three-fifths of the elected members concurring by record | 21 | | vote.
Any nomination not acted upon by the Senate within 60 | 22 | | session days of the
receipt thereof shall be deemed to have | 23 | | received the advice and consent of
the Senate. If, during a | 24 | | recess of the Senate, there is a vacancy in an office
of | 25 | | commissioner, the appointing authority shall make a temporary
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| 1 | | appointment until the next meeting of the Senate when the | 2 | | appointing
authority shall make a nomination to fill that | 3 | | office. No person rejected for
an office of commissioner shall, | 4 | | except by the Senate's request, be
nominated again for that | 5 | | office at the same session of the Senate or be
appointed to | 6 | | that office during a recess of that Senate.
No more than 5
| 7 | | commissioners may be of the same
political party.
| 8 | | The terms of the initial commissioners shall commence upon | 9 | | qualification.
Four initial appointees of the Governor, as | 10 | | designated by the Governor, shall
serve terms running through | 11 | | June 30, 2007. One initial appointee of the
Governor, as | 12 | | designated by the Governor, and the initial appointees of the
| 13 | | Attorney General, Secretary of State, Comptroller, and | 14 | | Treasurer shall serve
terms running through June 30, 2008.
The | 15 | | initial appointments shall be made within 60 days
after the | 16 | | effective date of this Act.
| 17 | | After the initial terms, commissioners shall serve for | 18 | | 4-year terms
commencing on July 1 of the year of appointment | 19 | | and running
through June 30 of the fourth following year. | 20 | | Commissioners may be
reappointed to one or more subsequent | 21 | | terms.
| 22 | | Vacancies occurring other than at the end of a term shall | 23 | | be filled
by the appointing authority only for the balance of | 24 | | the
term of the commissioner whose office is vacant.
| 25 | | Terms shall run regardless of whether the position is | 26 | | filled.
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| 1 | | (c) The appointing authorities shall appoint commissioners | 2 | | who
have experience holding governmental office or employment | 3 | | and shall
appoint commissioners from the general public.
A | 4 | | person is not eligible to
serve as a commissioner if that | 5 | | person (i) has been convicted of a
felony or a crime of | 6 | | dishonesty or moral turpitude, (ii) is, or was
within the | 7 | | preceding 12 months, engaged in activities that
require | 8 | | registration under the Lobbyist Registration Act, (iii) is | 9 | | related
to the appointing authority, or (iv) is a State officer | 10 | | or employee.
| 11 | | (d) The Executive Ethics Commission shall have
| 12 | | jurisdiction over all officers and employees of State agencies | 13 | | other
than the General Assembly, the Senate, the House of | 14 | | Representatives,
the President and Minority Leader of the | 15 | | Senate, the Speaker and
Minority Leader of the House of | 16 | | Representatives, the Senate
Operations Commission, the | 17 | | legislative support services agencies, and
the Office of the | 18 | | Auditor General.
The jurisdiction of the
Commission is limited | 19 | | to matters arising under this Act.
| 20 | | A member or legislative branch State employee serving on an | 21 | | executive branch board or commission remains subject to the | 22 | | jurisdiction of the Legislative Ethics Commission and is not | 23 | | subject to the jurisdiction of the Executive Ethics Commission. | 24 | | (d-5) The Executive Ethics Commission shall have | 25 | | jurisdiction over all chief procurement officers and | 26 | | procurement compliance monitors and their respective staffs. |
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| 1 | | The Executive Ethics Commission shall have jurisdiction over | 2 | | any matters arising under the Illinois Procurement Code if the | 3 | | Commission is given explicit authority in that Code. | 4 | | (d-10) The Executive Ethics Commission shall have | 5 | | jurisdiction over all board members, officers, and employees of | 6 | | the Regional Transportation Authority and each of the Service | 7 | | Boards. | 8 | | (e) The Executive Ethics Commission must meet, either
in | 9 | | person or by other technological means, at least monthly and as
| 10 | | often as necessary. At the first meeting of the Executive
| 11 | | Ethics Commission, the commissioners shall choose from their
| 12 | | number a chairperson and other officers that they deem | 13 | | appropriate.
The terms of officers shall be for 2 years | 14 | | commencing July 1 and
running through June 30 of the second | 15 | | following year. Meetings shall be held at
the call
of the | 16 | | chairperson or any 3 commissioners. Official action by the
| 17 | | Commission shall require the affirmative vote of 5 | 18 | | commissioners, and
a quorum shall consist of 5 commissioners. | 19 | | Commissioners shall receive
compensation in an amount equal to | 20 | | the compensation of members of the State
Board of Elections and | 21 | | may be
reimbursed for their reasonable expenses actually | 22 | | incurred in the
performance of their duties.
| 23 | | (f) No commissioner or employee of the Executive
Ethics | 24 | | Commission may during his or her term of appointment or | 25 | | employment:
| 26 | | (1) become a candidate for any elective office;
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| 1 | | (2) hold any other elected or appointed public office | 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
| 7 | | (4) advocate for the appointment of another person to | 8 | | an appointed or elected office or position or actively | 9 | | participate in any campaign for any elective office.
| 10 | | (g) An appointing authority may remove a commissioner only | 11 | | for cause.
| 12 | | (h) The Executive Ethics Commission shall appoint an | 13 | | Executive Director. The
compensation of the Executive Director | 14 | | shall be as determined by the Commission. The Executive
| 15 | | Director of the Executive Ethics Commission may employ and | 16 | | determine the
compensation of staff, as appropriations permit.
| 17 | | (i) The Executive Ethics Commission shall appoint, by a | 18 | | majority of the members appointed to the Commission, chief | 19 | | procurement officers and procurement compliance monitors in | 20 | | accordance with the provisions of the Illinois Procurement | 21 | | Code. The compensation of a chief procurement officer and | 22 | | procurement compliance monitor shall be determined by the | 23 | | Commission. | 24 | | (Source: P.A. 96-555, eff. 8-18-09.) | 25 | | (5 ILCS 430/20-10)
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| 1 | | Sec. 20-10. Offices of Executive Inspectors General.
| 2 | | (a) Five independent Offices of the Executive Inspector | 3 | | General are
created,
one each for the Governor, the Attorney | 4 | | General, the Secretary of State, the
Comptroller, and the | 5 | | Treasurer. Each Office shall be under the direction and
| 6 | | supervision
of an Executive Inspector General and shall be a | 7 | | fully independent office with
separate
appropriations.
| 8 | | (b) The Governor, Attorney General, Secretary of State, | 9 | | Comptroller, and
Treasurer shall each appoint an Executive | 10 | | Inspector General, without regard to
political affiliation and | 11 | | solely on the basis of integrity and
demonstrated ability.
| 12 | | Appointments shall be made by and with the advice and consent | 13 | | of the
Senate by three-fifths of the elected members concurring | 14 | | by record vote.
Any nomination not acted upon by the Senate | 15 | | within 60 session days of the
receipt thereof shall be deemed | 16 | | to have received the advice and consent of
the Senate. If, | 17 | | during a recess of the Senate, there is a vacancy in an office
| 18 | | of Executive Inspector General, the appointing authority shall | 19 | | make a
temporary appointment until the next meeting of the | 20 | | Senate when the
appointing authority shall make a nomination to | 21 | | fill that office. No person
rejected for an office of Executive | 22 | | Inspector General shall, except by the
Senate's request, be | 23 | | nominated again for that office at the same session of
the | 24 | | Senate or be appointed to that office during a recess of that | 25 | | Senate.
| 26 | | Nothing in this Article precludes the appointment by the |
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| 1 | | Governor, Attorney
General,
Secretary of State, Comptroller, | 2 | | or Treasurer of any other inspector general
required or
| 3 | | permitted by law. The Governor, Attorney General, Secretary of | 4 | | State,
Comptroller, and
Treasurer
each may appoint an existing | 5 | | inspector general as the Executive Inspector
General
required | 6 | | by this
Article, provided that such an inspector general is not | 7 | | prohibited by law,
rule,
jurisdiction, qualification, or | 8 | | interest from serving as the Executive
Inspector General
| 9 | | required by
this Article.
An appointing authority may not | 10 | | appoint a relative as an Executive Inspector
General.
| 11 | | Each Executive Inspector General shall have the following | 12 | | qualifications:
| 13 | | (1) has not been convicted of any felony under the laws | 14 | | of this State,
another State, or the United States;
| 15 | | (2) has earned a baccalaureate degree from an | 16 | | institution of higher
education; and
| 17 | | (3) has 5 or more years of cumulative service (A) with | 18 | | a federal,
State, or
local law enforcement agency, at least | 19 | | 2 years of which have been in a
progressive investigatory | 20 | | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 21 | | as a
senior manager or executive of a federal, State, or | 22 | | local
agency; (D) as a member, an officer,
or a State
or | 23 | | federal judge; or (E) representing any combination of (A) | 24 | | through (D).
| 25 | | The term of each initial Executive Inspector General shall
| 26 | | commence upon qualification and shall run through June 30, |
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| 1 | | 2008. The
initial appointments shall be made within 60 days | 2 | | after the effective
date of this Act.
| 3 | | After the initial term, each Executive Inspector General | 4 | | shall serve
for 5-year terms commencing on July 1 of the year | 5 | | of appointment
and running through June 30 of the fifth | 6 | | following year. An
Executive Inspector General may be | 7 | | reappointed to one or more
subsequent terms.
| 8 | | A vacancy occurring other than at the end of a term shall | 9 | | be filled
by the appointing authority only for the balance of | 10 | | the term of the Executive
Inspector General whose office is | 11 | | vacant.
| 12 | | Terms shall run regardless of whether the position is | 13 | | filled.
| 14 | | (c) The Executive Inspector General appointed by the | 15 | | Attorney General shall
have jurisdiction over the Attorney | 16 | | General and all officers and employees of,
and vendors and | 17 | | others doing business with,
State agencies within the | 18 | | jurisdiction of the Attorney General. The Executive
Inspector | 19 | | General appointed by the Secretary of State shall have | 20 | | jurisdiction
over the Secretary of State and all officers and | 21 | | employees of, and vendors and
others doing business with, State | 22 | | agencies within the
jurisdiction of the Secretary of State. The | 23 | | Executive Inspector General
appointed by the Comptroller shall | 24 | | have jurisdiction over the Comptroller and
all officers and | 25 | | employees of, and vendors and others doing business with,
State | 26 | | agencies within the jurisdiction of the Comptroller. The
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| 1 | | Executive Inspector General appointed by the Treasurer shall | 2 | | have jurisdiction
over the Treasurer and all officers and | 3 | | employees of, and vendors and others
doing business with, State | 4 | | agencies within the jurisdiction
of the Treasurer. The | 5 | | Executive Inspector General appointed by the Governor
shall | 6 | | have jurisdiction over the Governor, the Lieutenant Governor, | 7 | | and all
officers and employees of, and vendors and others doing | 8 | | business with,
executive branch State agencies under the | 9 | | jurisdiction of the
Executive Ethics Commission and not within | 10 | | the jurisdiction of the
Attorney
General, the Secretary of | 11 | | State, the Comptroller, or the Treasurer.
The Executive | 12 | | Inspector General for the Office of the Governor shall also | 13 | | have jurisdiction over the board members, officers, and | 14 | | employees of the Regional Transportation Authority and each of | 15 | | the Service Boards.
| 16 | | The jurisdiction of each Executive Inspector General is to | 17 | | investigate
allegations of fraud, waste, abuse, mismanagement, | 18 | | misconduct, nonfeasance,
misfeasance,
malfeasance, or | 19 | | violations of this Act or violations of other related
laws and | 20 | | rules.
| 21 | | (d) The compensation for each Executive Inspector General | 22 | | shall be
determined by the Executive Ethics Commission and | 23 | | shall be made from appropriations made to the Comptroller for | 24 | | this purpose. Subject to Section 20-45 of this Act, each
| 25 | | Executive Inspector General has full
authority
to organize his | 26 | | or her Office of the Executive Inspector General, including the
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| 1 | | employment and determination of the compensation of staff, such | 2 | | as deputies,
assistants, and other employees, as | 3 | | appropriations permit. A separate
appropriation
shall be made | 4 | | for each Office of Executive Inspector General.
| 5 | | (e) No Executive Inspector General or employee of the | 6 | | Office of
the Executive 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) advocate for the appointment of another person to | 16 | | an appointed or elected office or position or actively | 17 | | participate in any campaign for any
elective office.
| 18 | | In this subsection an appointed public office means a | 19 | | position authorized by
law that is filled by an appointing | 20 | | authority as provided by law and does not
include employment by | 21 | | hiring in the ordinary course of business.
| 22 | | (e-1) No Executive Inspector General or employee of the | 23 | | Office of the
Executive Inspector General may, for one year | 24 | | after the termination of his or
her appointment or employment:
| 25 | | (1) become a candidate for any elective office;
| 26 | | (2) hold any elected public office; or
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| 1 | | (3) hold any appointed State, county, or local judicial | 2 | | office.
| 3 | | (e-2) The requirements of item (3) of subsection (e-1) may | 4 | | be waived by the
Executive Ethics Commission.
| 5 | | (f) An Executive Inspector General may be removed only for | 6 | | cause and may
be removed only by the appointing constitutional | 7 | | officer. At the time of the
removal,
the appointing | 8 | | constitutional officer must report to the Executive Ethics
| 9 | | Commission the
justification for the
removal.
| 10 | | (Source: P.A. 96-555, eff. 8-18-09.) | 11 | | (5 ILCS 430/20-20)
| 12 | | Sec. 20-20. Duties of the Executive Inspectors
General. In | 13 | | addition to duties otherwise assigned by law,
each Executive | 14 | | Inspector General shall have the following duties:
| 15 | | (1) To receive and investigate allegations of | 16 | | violations of this
Act. An investigation may not be | 17 | | initiated
more than one year after the most recent act of | 18 | | the alleged violation or of a
series of alleged violations | 19 | | except where there is reasonable cause to believe
that | 20 | | fraudulent concealment has occurred. To constitute | 21 | | fraudulent concealment
sufficient to toll this limitations | 22 | | period, there must be an affirmative act or
representation | 23 | | calculated to prevent discovery of the fact that a | 24 | | violation has
occurred. The
Executive Inspector General | 25 | | shall have the discretion to determine the
appropriate |
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| 1 | | means of investigation as permitted by law.
| 2 | | (1.5) To receive and investigate allegations of fraud, | 3 | | waste, abuse, mismanagement, misconduct, nonfeasance, | 4 | | misfeasance, malfeasance, or violations of the Regional | 5 | | Transportation Authority Act or violations of other | 6 | | related laws or rules. | 7 | | (2) To request information relating to an | 8 | | investigation from any
person when the Executive Inspector | 9 | | General deems that information necessary in
conducting an | 10 | | investigation.
| 11 | | (3) To issue subpoenas
to compel the attendance of | 12 | | witnesses for the
purposes of testimony and production of | 13 | | documents and other items for
inspection and copying and to | 14 | | make service of those subpoenas and subpoenas
issued under | 15 | | item (7) of Section 20-15.
| 16 | | (4) To submit reports as required by this Act.
| 17 | | (5) To file
pleadings in the name of
the Executive | 18 | | Inspector General with the Executive Ethics
Commission, | 19 | | through the Attorney General, as provided in this Article | 20 | | if the
Attorney General finds that reasonable cause exists | 21 | | to believe that a violation
has
occurred.
| 22 | | (6) To assist and coordinate the ethics officers
for | 23 | | State agencies under the jurisdiction of the
Executive | 24 | | Inspector General and to work with those ethics officers.
| 25 | | (7) To participate in or conduct, when appropriate, | 26 | | multi-jurisdictional
investigations.
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| 1 | | (8) To request, as the Executive Inspector General | 2 | | deems appropriate, from
ethics officers
of State agencies | 3 | | under his or her jurisdiction, reports or information
on | 4 | | (i) the content of a State agency's ethics
training program | 5 | | and (ii) the percentage of new officers and
employees who | 6 | | have completed ethics training.
| 7 | | (9) To review hiring and employment files of each State | 8 | | agency within the Executive Inspector General's | 9 | | jurisdiction to ensure compliance with Rutan v. Republican | 10 | | Party of Illinois, 497 U.S. 62 (1990), and with all | 11 | | applicable employment laws. | 12 | | (10) To establish a policy that ensures the appropriate | 13 | | handling and correct recording of all investigations | 14 | | conducted by the Office, and to ensure that the policy is | 15 | | accessible via the Internet in order that those seeking to | 16 | | report those allegations are familiar with the process and | 17 | | that the subjects of those allegations are treated fairly. | 18 | | (Source: P.A. 96-555, eff. 8-18-09.) | 19 | | (5 ILCS 430/20-21)
| 20 | | Sec. 20-21. Special Executive Inspectors General.
| 21 | | (a) The Executive Ethics Commission, on its own initiative | 22 | | and by majority
vote,
may appoint special Executive Inspectors | 23 | | General (i) to investigate alleged
violations of this Act or | 24 | | the Regional Transportation Authority Act and other related | 25 | | laws and rules if
an investigation by the Inspector General was |
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| 1 | | not concluded within 6 months
after its
initiation, where the | 2 | | Commission finds that the Inspector General's reasons
under | 3 | | Section 20-65 for failing to complete the investigation are | 4 | | insufficient,
(ii) to accept referrals from the Commission of | 5 | | allegations made pursuant
to this Act concerning an Executive | 6 | | Inspector General or employee of an Office
of an Executive | 7 | | Inspector General and to investigate those allegations, (iii) | 8 | | to investigate matters within the jurisdiction of an Executive | 9 | | Inspector General if an Executive Inspector General (including | 10 | | his or her employees) could be reasonably deemed to be a | 11 | | wrongdoer or suspect, or if in the determination of the | 12 | | Commission, an investigation presents real or apparent | 13 | | conflicts of interest for the Office of the Executive Inspector | 14 | | General, and (iv) to investigate alleged violations of this Act | 15 | | pursuant to Section 20-50 and Section 20-51.
| 16 | | (b) A special Executive Inspector General must have the | 17 | | same qualifications
as an Executive Inspector General | 18 | | appointed under Section 20-10.
| 19 | | (c) The Commission's appointment of a special Executive | 20 | | Inspector General
must be in writing and must specify the | 21 | | duration and purpose of the
appointment.
| 22 | | (d) A special Executive Inspector General shall have the | 23 | | same powers and
duties
with respect to the purpose of his or | 24 | | her appointment as an Executive
Inspector General appointed | 25 | | under Section 20-10.
| 26 | | (e) A special Executive
Inspector
General shall report the |
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| 1 | | findings of his or her investigation to the
Commission.
| 2 | | (f) The Commission may report the findings of a special | 3 | | Executive Inspector
General and its recommendations, if any, to | 4 | | the appointing authority of the
appropriate Executive | 5 | | Inspector General.
| 6 | | (Source: P.A. 96-555, eff. 8-18-09.) | 7 | | (5 ILCS 430/20-23)
| 8 | | Sec. 20-23. Ethics Officers.
Each officer and the head of | 9 | | each State agency , including the Regional Transportation | 10 | | Authority and each of the Service Boards,
under the | 11 | | jurisdiction of the
Executive Ethics Commission shall | 12 | | designate an Ethics
Officer for the office or State agency.
| 13 | | Ethics Officers shall:
| 14 | | (1) act as liaisons between the State agency , including | 15 | | the Regional Transportation Authority and each of the | 16 | | Service Boards, and the appropriate Executive
Inspector | 17 | | General and between the State agency , including the | 18 | | Regional Transportation Authority and each of the Service | 19 | | Boards, and the Executive Ethics
Commission;
| 20 | | (2) review statements of economic interest and | 21 | | disclosure forms of
officers, senior employees, and | 22 | | contract monitors before they are filed with
the Secretary | 23 | | of State; and
| 24 | | (3) provide guidance to officers and employees in the | 25 | | interpretation and
implementation of this Act or the |
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| 1 | | Regional Transportation Authority Act and related laws and | 2 | | rules , which the officer or employee may in good faith
rely | 3 | | upon. Such guidance shall be based, wherever possible,
upon | 4 | | legal precedent in court decisions, opinions of the | 5 | | Attorney General, and
the findings and opinions of the | 6 | | Executive Ethics Commission.
| 7 | | (Source: P.A. 93-617, eff. 12-9-03.) | 8 | | (5 ILCS 430/20-50)
| 9 | | Sec. 20-50. Investigation reports.
| 10 | | (a) If an Executive Inspector General, upon the conclusion | 11 | | of an
investigation, determines that reasonable cause exists to | 12 | | believe that a
violation
has occurred, then
the Executive | 13 | | Inspector General shall issue a summary report of the
| 14 | | investigation. The report shall be delivered to the
appropriate | 15 | | ultimate jurisdictional
authority and to the head of each State
| 16 | | agency , including the Regional Transportation Authority and | 17 | | the Service Boards, affected by or involved in the | 18 | | investigation, if appropriate. The appropriate ultimate | 19 | | jurisdictional authority or agency head shall respond to the | 20 | | summary report within 20 days, in writing, to the Executive | 21 | | Inspector General. The response shall include a description of | 22 | | any corrective or disciplinary action to be imposed.
| 23 | | (b) The summary report of the investigation shall include | 24 | | the following:
| 25 | | (1) A description of any allegations or other |
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| 1 | | information
received by the Executive Inspector General | 2 | | pertinent to the
investigation.
| 3 | | (2) A description of any alleged misconduct discovered | 4 | | in the
course of the investigation.
| 5 | | (3) Recommendations for any corrective or disciplinary
| 6 | | action to be taken in response to any alleged misconduct | 7 | | described in the
report, including but not limited to | 8 | | discharge.
| 9 | | (4) Other information the Executive Inspector General
| 10 | | deems relevant to the investigation or resulting | 11 | | recommendations.
| 12 | | (c) Within 30 days after receiving a response from the | 13 | | appropriate ultimate jurisdictional authority or agency head | 14 | | under subsection (a),
the Executive Inspector General shall | 15 | | notify the Commission and the Attorney General if the Executive | 16 | | Inspector General believes that a complaint should be filed | 17 | | with the Commission. If the Executive Inspector General desires | 18 | | to file a
complaint with the Commission, the Executive | 19 | | Inspector General shall submit the summary report and | 20 | | supporting documents to the
Attorney General. If the Attorney | 21 | | General concludes that there is insufficient evidence that a | 22 | | violation has occurred, the Attorney General shall notify the | 23 | | Executive Inspector General and the Executive Inspector | 24 | | General shall deliver to the Executive Ethics Commission a copy | 25 | | of the summary report and response from the ultimate | 26 | | jurisdictional authority or agency head.
If the Attorney |
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| 1 | | General determines
that reasonable cause exists to believe that | 2 | | a violation has occurred, then the
Executive Inspector
General, | 3 | | represented by the Attorney
General, may file with the | 4 | | Executive Ethics Commission a complaint.
The complaint shall | 5 | | set
forth the alleged violation and the
grounds that exist to | 6 | | support the complaint. The complaint must be filed with the | 7 | | Commission within 18 months
after the most recent act of the
| 8 | | alleged violation or of a series of alleged violations
except | 9 | | where there is reasonable cause to believe
that fraudulent | 10 | | concealment has occurred. To constitute fraudulent concealment
| 11 | | sufficient to toll this limitations period, there must be an | 12 | | affirmative act or
representation calculated to prevent | 13 | | discovery of the fact that a violation has
occurred.
If a | 14 | | complaint is not filed with the Commission
within 6 months | 15 | | after notice by the Inspector General to the Commission and the
| 16 | | Attorney General, then the Commission may set a meeting of the | 17 | | Commission at
which the Attorney General shall appear and | 18 | | provide a status
report to the Commission.
| 19 | | (c-5) Within 30 days after receiving a response from the | 20 | | appropriate ultimate jurisdictional authority or agency head | 21 | | under subsection (a), if the Executive Inspector General does | 22 | | not believe that a complaint should be filed, the Executive | 23 | | Inspector General shall deliver to the Executive Ethics | 24 | | Commission a statement setting forth the basis for the decision | 25 | | not to file a complaint and a copy of the summary report and | 26 | | response from the ultimate jurisdictional authority or agency |
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| 1 | | head. An Inspector General may also submit a redacted version | 2 | | of the summary report and response from the ultimate | 3 | | jurisdictional authority if the Inspector General believes | 4 | | either contains information that, in the opinion of the | 5 | | Inspector General, should be redacted prior to releasing the | 6 | | report, may interfere with an ongoing investigation, or | 7 | | identifies an informant or complainant. | 8 | | (c-10) If, after reviewing the documents, the Commission | 9 | | believes that further investigation is warranted, the | 10 | | Commission may request that the Executive Inspector General | 11 | | provide additional information or conduct further | 12 | | investigation. The Commission may also appoint a Special | 13 | | Executive Inspector General to investigate or refer the summary | 14 | | report and response from the ultimate jurisdictional authority | 15 | | to the Attorney General for further investigation or review. If | 16 | | the Commission requests the Attorney General to investigate or | 17 | | review, the Commission must notify the Attorney General and the | 18 | | Inspector General. The Attorney General may not begin an | 19 | | investigation or review until receipt of notice from the | 20 | | Commission.
If, after review, the Attorney General determines | 21 | | that reasonable cause exists to believe that a violation has | 22 | | occurred, then the Attorney General may file a complaint with | 23 | | the Executive Ethics Commission. If the Attorney General | 24 | | concludes that there is insufficient evidence that a violation | 25 | | has occurred, the Attorney General shall notify the Executive | 26 | | Ethics Commission and the appropriate Executive Inspector |
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| 1 | | General. | 2 | | (d) A copy of the complaint filed with the Executive Ethics | 3 | | Commission must be served on all respondents named in the
| 4 | | complaint and on each respondent's ultimate jurisdictional | 5 | | authority in
the same manner as process is served under the | 6 | | Code of Civil
Procedure.
| 7 | | (e) A respondent may file objections to the complaint | 8 | | within 30 days after notice of the petition has been
served on | 9 | | the respondent.
| 10 | | (f) The Commission shall meet, either in person or by | 11 | | telephone, at least 30 days after the complaint is served on | 12 | | all respondents
in a closed session to review the sufficiency | 13 | | of the complaint.
The Commission shall
issue notice by | 14 | | certified mail, return receipt requested, to the Executive | 15 | | Inspector General, Attorney General, and all respondents of
the | 16 | | Commission's ruling on the sufficiency of the complaint. If the | 17 | | complaint
is deemed to
sufficiently allege a violation of this | 18 | | Act or the Regional Transportation Authority Act and other | 19 | | related laws and rules , then the Commission shall
include a | 20 | | hearing date scheduled within 4 weeks after the date of the | 21 | | notice,
unless all of the parties consent to a later date.
If | 22 | | the complaint is deemed not to sufficiently allege a
violation, | 23 | | then
the Commission shall send by certified mail, return | 24 | | receipt requested,
a notice to the Executive Inspector General, | 25 | | Attorney General, and all respondents of the decision to | 26 | | dismiss the complaint.
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| 1 | | (g) On the scheduled date
the Commission shall conduct a | 2 | | closed meeting,
either in person or, if the parties consent, by | 3 | | telephone, on the complaint and
allow all
parties the | 4 | | opportunity to present testimony and evidence.
All such | 5 | | proceedings shall be transcribed.
| 6 | | (h) Within an appropriate time limit set by rules of the | 7 | | Executive
Ethics Commission, the Commission shall (i) dismiss | 8 | | the
complaint, (ii) issue a recommendation of discipline to the
| 9 | | respondent and the respondent's ultimate jurisdictional | 10 | | authority, (iii)
impose an administrative fine upon the | 11 | | respondent, (iv) issue injunctive relief as described in | 12 | | Section 50-10, or (v) impose a combination of (ii) through | 13 | | (iv).
| 14 | | (i) The proceedings on any complaint filed with the | 15 | | Commission
shall be conducted pursuant to rules promulgated by | 16 | | the Commission.
| 17 | | (j) The Commission may designate hearing officers
to | 18 | | conduct proceedings as determined by rule of the Commission.
| 19 | | (k) In all proceedings before the Commission, the standard | 20 | | of
proof is by a preponderance of the evidence.
| 21 | | (l) Within 30 days after the issuance of a final | 22 | | administrative decision that concludes that a violation | 23 | | occurred, the Executive Ethics Commission shall make public the | 24 | | entire record of proceedings before the Commission, the | 25 | | decision, any recommendation, any discipline imposed, and the | 26 | | response from the agency head or ultimate jurisdictional |
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| 1 | | authority to the Executive Ethics Commission.
| 2 | | (Source: P.A. 96-555, eff. 8-18-09.) | 3 | | (5 ILCS 430/20-55)
| 4 | | Sec. 20-55. Decisions; recommendations.
| 5 | | (a) All decisions of the Executive Ethics Commission
must | 6 | | include a description of the alleged misconduct, the decision | 7 | | of
the Commission, including any fines levied and any | 8 | | recommendation
of discipline, and the reasoning for that | 9 | | decision. All decisions of the
Commission shall be delivered to | 10 | | the head of the appropriate State
agency, including the | 11 | | Regional Transportation Authority and the Service Boards, the | 12 | | appropriate ultimate jurisdictional authority, and the
| 13 | | appropriate Executive Inspector General. The Executive Ethics
| 14 | | Commission shall promulgate rules for the decision and
| 15 | | recommendation process.
| 16 | | (b) If the Executive Ethics Commission issues a
| 17 | | recommendation of discipline to an agency head or ultimate
| 18 | | jurisdictional authority, that agency head or ultimate | 19 | | jurisdictional
authority must respond to that recommendation | 20 | | in 30 days with a
written response to the Executive Ethics | 21 | | Commission. This
response must include any disciplinary action | 22 | | the agency head or
ultimate jurisdictional authority has taken | 23 | | with respect to the officer or
employee in question. If the | 24 | | agency head or ultimate jurisdictional
authority did not take | 25 | | any disciplinary action, or took a different
disciplinary |
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| 1 | | action than that recommended by the Executive
Ethics | 2 | | Commission, the agency head or ultimate jurisdictional
| 3 | | authority must describe the different action and explain the | 4 | | reasons for the
different action in the
written response. This | 5 | | response must be served upon the Executive
Ethics Commission | 6 | | and
the appropriate Executive Inspector General within the | 7 | | 30-day period and is not
exempt from the provisions of the | 8 | | Freedom of Information Act.
| 9 | | (c) Disciplinary action under this Act against a person | 10 | | subject to the Personnel Code, the Secretary of State Merit | 11 | | Employment Code, the Comptroller Merit Employment Code, or the | 12 | | State Treasurer Employment Code is within the jurisdiction of | 13 | | the Executive Ethics Commission and is not within the | 14 | | jurisdiction of those Acts. | 15 | | (d) Any hearing to contest disciplinary action for a | 16 | | violation of this Act against a person subject to the Personnel | 17 | | Code, the Secretary of State Merit Employment Code, the | 18 | | Comptroller Merit Employment Code, or the State Treasurer | 19 | | Employment Code pursuant to an agreement between an Executive | 20 | | Inspector General and an ultimate jurisdictional authority | 21 | | shall be conducted by the Executive Ethics Commission and not | 22 | | under any of those Acts. | 23 | | (e) Any investigation or inquiry by the Executive Ethics | 24 | | Commission or the Executive Inspector General for the Office of | 25 | | the Governor of any Board member, officer, or employee of the | 26 | | Regional Transportation Authority or a Service Board must be |
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| 1 | | conducted in accordance with the
rights of the employees as set | 2 | | forth in State and federal law
and applicable judicial | 3 | | decisions. Any recommendations for
corrective or disciplinary | 4 | | action toward any employee of the Regional Transportation
| 5 | | Authority or a Service Board must comply with the provisions of
| 6 | | any collective bargaining agreement that may apply to the
| 7 | | employee. | 8 | | (f) Nothing in this Section shall diminish the rights,
| 9 | | privileges, or remedies of any Board member, officer, or | 10 | | employee of the Regional Transportation Authority or a Service | 11 | | Board under any other federal or State law, rule, or regulation | 12 | | or under any collective bargaining agreement. | 13 | | (Source: P.A. 96-555, eff. 8-18-09.) | 14 | | (5 ILCS 430/20-70)
| 15 | | Sec. 20-70. Cooperation in investigations. | 16 | | (a) It is the duty of
every officer and employee under the | 17 | | jurisdiction of an Executive
Inspector General, including any | 18 | | inspector general serving in any
State agency under the | 19 | | jurisdiction of that Executive Inspector
General, to cooperate | 20 | | with the Executive Inspector General and the Attorney General | 21 | | in any
investigation undertaken pursuant to this Act. Failure | 22 | | to cooperate includes, but is not limited to, intentional | 23 | | omissions and knowing false statements. Failure to cooperate
| 24 | | with an investigation of the Executive Inspector General or the | 25 | | Attorney General is grounds
for disciplinary action, including |
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| 1 | | dismissal. Nothing in this Section limits or
alters a person's | 2 | | existing rights or protections under State or federal law.
| 3 | | (b) All Board members, officers, and employees of the | 4 | | Regional Transportation Authority or a Service Board and all | 5 | | officers, employees, vendors, subcontractors, and others doing | 6 | | business with the Regional Transportation Authority or a | 7 | | Service Board have a duty to cooperate with the Executive | 8 | | Ethics Commission and the Executive Inspector General for the | 9 | | Office of the Governor in any
investigation undertaken pursuant | 10 | | to this Section. Failure to cooperate includes, but is not | 11 | | limited to, intentional omissions and knowing false | 12 | | statements. Failure to cooperate with an investigation | 13 | | pursuant to this Section is grounds for disciplinary action by | 14 | | the Regional Transportation Authority or the appropriate | 15 | | Service Board. Nothing in this Section limits or alters a | 16 | | person's existing rights or protections under State or federal | 17 | | law. | 18 | | (c) All Board members, officers, and employees of the | 19 | | Regional Transportation Authority or a Service Board have a | 20 | | duty to report, directly and without undue delay, to the | 21 | | Executive Inspector General for the Office of the Governor any | 22 | | information concerning conduct which they know or should | 23 | | reasonably know to involve corruption or other criminal | 24 | | activity by a Board member, officer, employee, vendor, | 25 | | subcontractor, or others doing business with the Regional | 26 | | Transportation Authority or a Service Board. Failure to report |
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| 1 | | corrupt or other criminal activity to the Executive Inspector | 2 | | General for the Office of the Governor is grounds for | 3 | | disciplinary action by the Regional Transportation Authority | 4 | | or a Service Board, as applicable. | 5 | | (Source: P.A. 96-555, eff. 8-18-09.) | 6 | | (5 ILCS 430/70-5)
| 7 | | Sec. 70-5. Adoption by governmental entities. Adoption by | 8 | | governmental entities.
| 9 | | (a) Within 6 months after the effective date of this Act, | 10 | | each governmental
entity other than a community college | 11 | | district, and each community college district within 6 months | 12 | | after the effective date of this amendatory Act of the 95th | 13 | | General Assembly, shall
adopt an ordinance or resolution that | 14 | | regulates, in a manner no less
restrictive than Section 5-15 | 15 | | and Article 10 of this
Act, (i) the political activities of | 16 | | officers and employees of the
governmental entity
and (ii) the | 17 | | soliciting and accepting of gifts by and the offering and | 18 | | making
of gifts to
officers and employees of the governmental | 19 | | entity.
| 20 | | (b) Within 3 months after the effective date of this | 21 | | amendatory Act of the
93rd General Assembly, the Attorney | 22 | | General shall develop model ordinances
and resolutions for
the
| 23 | | purpose of this Article. The Attorney General shall advise
| 24 | | governmental
entities on their
contents and adoption.
| 25 | | (c) As used in this Article, (i) an "officer" means an |
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| 1 | | elected or appointed
official; regardless of whether the | 2 | | official is compensated,
and (ii) an "employee" means a | 3 | | full-time, part-time, or contractual employee.
| 4 | | (d) On and after the effective date of this amendatory Act | 5 | | of the 96th General Assembly, the provisions of this Section do | 6 | | not apply to any board member, officer, or employee of the | 7 | | Regional Transportation Authority or a Service Board.
| 8 | | (Source: P.A. 95-880, eff. 8-19-08.)
| 9 | | Section 99. Effective date. This Act takes effect June 1, | 10 | | 2011.
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