SB1223 101ST GENERAL ASSEMBLY

LRB101 07927 AWJ 52982 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1223

Introduced 2/6/2019, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Government Inspector General Act. Provides that the purpose of the Act is to establish an independent entity to which allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving units of local government, including their officers, employees, and agents, or elected or appointed local officials, may be reported and investigated with the assistance of the Attorney General. Creates the Local Government Ethics Commission and the Office of the Local Government Inspector General and provides that members of the Commission and the Inspector General shall be appointed by the Governor with the advice and consent of the Senate. Sets forth the procedures of investigating a complaint and the issuing of reports. Defines terms.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Government Inspector General Act.

Section 5. Definitions. For purposes of this Act:

"Local official" means: (i) any official appointed or elected to an office of a county, municipality, township, special district, or unit designated as a unit of local government by law, or (ii) an office created by ordinance, resolution, or contract of any unit of local government.

"Unit of local government" has the meaning provided in Section 1 of Article VII of the Illinois Constitution.

Section 10. Scope. This Act shall apply only to those units of local government that do not have their own inspector general.

Section 15. Purpose. The purpose of this Act is to establish an independent entity: (1) to which allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving units of local government, including their officers, employees, and agents, or elected or appointed local officials may be reported; and (2) that has the authority to investigate allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving units of local government, including their officers, employees, and agents, or elected or appointed local officials, with the assistance of the Attorney General.

Section 20. Local Government Ethics Commission.

(a) The Local Government Ethics Commission is created.

(b) The Local Government Ethics Commission shall consist of 9 commissioners appointed by the Governor, with the advice and consent of the Senate. 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 Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall make a nomination to fill that office. No person rejected for 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.

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 Governor only for the balance of the term of the commissioner whose office is vacant. The Governor may remove a commissioner only for cause.

Terms shall run regardless of whether the position is filled.

(c) The Governor 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 Local Government Ethics Commission shall have jurisdiction over all units of local government and local officials, and all vendors and others doing business with any unit of local government or local official.

(e) The Local Government 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 Local Government 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 Local Government Ethics Commission 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.

(g) The Local Government 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 Local Government Ethics Commission may employ and determine the compensation of staff, as appropriations permit.

Section 25. Local Government Inspector General.

(a) There is created the Office of the Local Government Inspector General.

(b) The Local Government Inspector General shall be appointed by the Governor, with the advice and consent of the Senate. 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 Local Government Inspector General, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall make a nomination to fill the office. No person rejected for the office of Local Government 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 Act precludes the appointment by any unit of local government or any local official of any other inspector general required or permitted by law.

The Local Government 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 the Local Government Inspector General shall be for 5 years, commencing on July 1 of the year of appointment and running through June 30 of the fifth following year. The Local Government 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 Governor for the balance of the current term.

(c) The Local Government Inspector General shall have jurisdiction over all units of local government and local officials, and all vendors and others doing business with any unit of local government or local official.

The jurisdiction of the Local Government Inspector General is to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of other related laws and rules.

(d) The compensation for the Local Government Inspector General shall be determined by the Governor and shall be made from appropriations made to the Office of the Governor for this purpose. The Local Government Inspector General has full authority to organize the Office of the Local Government Inspector General, including the employment and determination of the compensation of staff, such as deputies, assistants, and other employees, as appropriations permit.

(e) No Local Government Inspector General or employee of the Office of the Local Government 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.

(f) No Local Government Inspector General or employee of the Office of the Local Government 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

(3) hold any appointed State, county, or local judicial office.

(g) The Local Government Inspector General may be removed only for cause and may be removed only by the Governor. At the time of the removal, the Governor must report to the Senate the justification for the removal.

Section 30. Duties of the Local Government Inspector General. In addition to duties otherwise assigned by law, the Local Government Inspector General shall have the following duties:

(1) To receive and investigate allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct by local officials. 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 Local Government Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law.

(2) To request information relating to an investigation from any person when the Local Government 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.

(4) To submit reports as required by this Act.

(5) To file pleadings in the name of the Local Government Inspector General with the Local Government Ethics Commission, through the Attorney General, as provided in this Act if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.

(6) To participate in or conduct, when appropriate, multi-jurisdictional investigations.

(7) 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.

Section 35. Administrative subpoena; compliance. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction. Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.

Section 40. Standing; representation.

(a) Only the Local Government Inspector General or the Attorney General may bring actions before the Local Government Ethics Commission.

(b) The Attorney General shall represent the Local Government Inspector General in all proceedings before the Commission. Whenever the Attorney General is sick or absent, or unable to attend, or is interested in any matter or proceeding under this Act, upon the filing of a petition under seal by any person with standing, the Supreme Court (or any other court of competent jurisdiction as designated and determined by rule of the Supreme Court) may appoint some competent attorney to prosecute or defend that matter or proceeding, and the attorney so appointed shall have the same power and authority in relation to that matter or proceeding as the Attorney General would have had if present and attending to the same.

(c) Attorneys representing the Local Government Inspector General in proceedings before the Local Government Ethics Commission, except an attorney appointed under subsection (b), shall be appointed or retained by the Attorney General, shall be under the supervision, direction, and control of the Attorney General, and shall serve at the pleasure of the Attorney General. The compensation of any attorneys appointed or retained in accordance with this subsection or subsection (b) shall be paid by the appropriate Office of the Local Government Inspector General.

Section 45. Investigation reports.

(a) If the Local Government Inspector General, upon the conclusion of an investigation, determines that reasonable cause exists to believe that a violation has occurred, then the Local Government Inspector General shall issue a summary report of the investigation. The report shall be delivered to the appropriate ultimate jurisdictional authority affected by or involved in the investigation, if appropriate. The appropriate ultimate jurisdictional authority shall respond to the summary report within 20 days, in writing, to the Local Government 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 information received by the Local Government 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 Local Government Inspector General deems relevant to the investigation or resulting recommendations.

(c) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority under subsection (a), the Local Government Inspector General shall notify the Local Government Ethics Commission and the Attorney General if the Local Government Inspector General believes that a complaint should be filed with the Commission. If the Local Government Inspector General desires to file a complaint with the Commission, the Local Government 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 Local Government Inspector General and the Local Government Inspector General shall deliver to the Local Government Ethics Commission a copy of the summary report and response from the ultimate jurisdictional authority or agency head. If the Attorney General determines that reasonable cause exists to believe that a violation has occurred, then the Local Government Inspector General, represented by the Attorney General, may file with the Local Government 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 Local Government 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.

(d) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority under subsection (a), if the Local Government Inspector General does not believe that a complaint should be filed, the Local Government Inspector General shall deliver to the Local Government 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 head. The Local Government Inspector General may also submit a redacted version of the summary report and response from the ultimate jurisdictional authority if the Local Government Inspector General believes either contains information that, in the opinion of the Local Government Inspector General, should be redacted prior to releasing the report, may interfere with an ongoing investigation, or identifies an informant or complainant.

(e) If, after reviewing the documents, the Commission believes that further investigation is warranted, the Commission may request that the Local Government Inspector General provide additional information or conduct further investigation. The Commission may also appoint a Special Local Government 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 Local Government 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 Local Government Ethics Commission. If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Local Government Ethics Commission and the Local Government Inspector General.

(f) A copy of the complaint filed with the Local Government 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.

(g) A respondent may file objections to the complaint within 30 days after notice of the petition has been served on the respondent.

(h) 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 Local Government 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, 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 Local Government Inspector General, Attorney General, and all respondents of the decision to dismiss the complaint.

(i) 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.

(j) Within an appropriate time limit set by rules of the Local Government 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, or (v) impose a combination of (ii) through (iv).

(k) The proceedings on any complaint filed with the Commission shall be conducted pursuant to rules promulgated by the Commission.

(l) The Commission may designate hearing officers to conduct proceedings as determined by rule of the Commission.

(m) In all proceedings before the Commission, the standard of proof is by a preponderance of the evidence.

(n) Within 30 days after the issuance of a final administrative decision that concludes that a violation occurred, the Local Government 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 authority to the Local Government Ethics Commission.

Section 50. Closed investigations. When the Local Government Inspector General concludes that there is insufficient evidence that a violation has occurred, the Local Government Inspector General shall close the investigation. The Local Government Inspector General shall provide the Commission with a written statement of the Local Government Inspector General's decision to close the investigation. At the request of the subject of the investigation, the Local Government Inspector General shall provide a written statement to the subject of the investigation of the Inspector General's decision to close the investigation. Closure by the Local Government Inspector General does not bar the Local Government Inspector General from resuming the investigation if circumstances warrant. The Commission also has the discretion to request that the Local Government Inspector General conduct further investigation of any matter closed pursuant to this Section, to appoint a Special Local Government Inspector General to investigate, or to refer the allegations 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.

Section 55. Release of summary reports.

(a) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in a suspension of at least 3 days or termination of employment, the Local Government Ethics Commission shall make available to the public the report and response or a redacted version of the report and response. The Local Government Ethics Commission may make available to the public any other summary report and response of the ultimate jurisdictional authority or a redacted version of the report and response.

(b) The Commission shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Commission determines it is appropriate to protect the identity of a person before the report is made public. The Commission may also redact any information it believes should not be made public. Prior to publication, the Commission shall permit the respondents, the Local Government Inspector General, and Attorney General to review documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report.

(c) The Commission may withhold publication of the report or response if the Local Government Inspector General or Attorney General certifies that releasing the report to the public will interfere with an ongoing investigation.

Section 60. Cooperation in investigations. It is the duty of every officer and employee under the jurisdiction of the Local Government Inspector General to cooperate with the Local Government 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 Local Government Inspector General or the Attorney General is grounds for disciplinary action, including dismissal. Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.

Section 65. Referrals of investigations. If the Local Government Inspector General determines that any alleged misconduct involves any person not subject to the jurisdiction of the Local Government Ethics Commission, the Local Government Inspector General shall refer the reported allegations to the appropriate Inspector General, appropriate ethics commission, or other appropriate body. If the Local Government Inspector General determines that any alleged misconduct may give rise to criminal penalties, the Local Government Inspector General may refer the allegations regarding that misconduct to the appropriate law enforcement authority. If a Local Government Inspector General determines that any alleged misconduct resulted in the loss of public funds in an amount of $5,000 or greater, the Local Government Inspector General shall refer the allegations regarding that misconduct to the Attorney General and any other appropriate law enforcement authority.

Section 70. Quarterly reports by the Attorney General. The Attorney General shall submit quarterly reports to the Local Government Ethics Commission, on dates determined by the Local Government Ethics Commission, indicating:

(1) the number of complaints received from the Local Government Inspector General since the date of the last report;

(2) the number of complaints for which the Attorney General has determined reasonable cause exists to believe that a violation has occurred since the date of the last report; and

(3) the number of complaints still under review by the Attorney General.