100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5499

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-20
5 ILCS 430/20-100 new
5 ILCS 430/25-20
5 ILCS 430/25-100 new

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


LRB100 17849 RJF 33030 b

 

 

A BILL FOR

 

HB5499LRB100 17849 RJF 33030 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 20-20 and 25-20 and by adding
6Sections 20-100 and 25-100 as follows:
 
7    (5 ILCS 430/20-20)
8    Sec. 20-20. Duties of the Executive Inspectors General. In
9addition to duties otherwise assigned by law, each Executive
10Inspector General shall have the following duties:
11        (1) To receive and investigate allegations of
12    violations of this Act. An investigation may not be
13    initiated more than one year after the most recent act of
14    the alleged violation or of a series of alleged violations
15    except where there is reasonable cause to believe that
16    fraudulent concealment has occurred. To constitute
17    fraudulent concealment sufficient to toll this limitations
18    period, there must be an affirmative act or representation
19    calculated to prevent discovery of the fact that a
20    violation has occurred. The Executive Inspector General
21    shall have the discretion to determine the appropriate
22    means of investigation as permitted by law.
23        (2) To request information relating to an

 

 

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

 

 

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1    agency within the Executive Inspector General's
2    jurisdiction to ensure compliance with Rutan v. Republican
3    Party of Illinois, 497 U.S. 62 (1990), and with all
4    applicable employment laws.
5        (10) To establish a policy that ensures the appropriate
6    handling and correct recording of all investigations
7    conducted by the Office, and to ensure that the policy is
8    accessible via the Internet in order that those seeking to
9    report those allegations are familiar with the process and
10    that the subjects of those allegations are treated fairly.
11        (11) To appoint a Director of Executive Employee
12    Advocacy as provided under Section 20-100.
13(Source: P.A. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/20-100 new)
15    Sec. 20-100. Offices of Executive Employee Advocacy.
16    (a) Five Offices of Executive Employee Advocacy are
17created, one each in the Offices of the Executive Inspector
18General for the Governor, the Attorney General, the Secretary
19of State, the Comptroller, and the Treasurer.
20    (b) Each Executive Inspector General shall appoint a
21Director as head of each Office of Executive Employee advocacy.
22Each Director appointed under this subsection (b) shall have
23jurisdiction over the same officers and employees as his or her
24appointing Executive Inspector General. The individual
25appointed as Director shall be a licensed attorney-at-law of

 

 

HB5499- 4 -LRB100 17849 RJF 33030 b

1this State. The compensation for each Director of Executive
2Employee Advocacy shall be determined by the Executive
3Inspector General as authorized under subsection (d) of Section
420-10. The Director may be removed by the Executive Inspector
5General only for cause. Each Director shall be appointed
6without regard to political affiliation and solely on the basis
7of fitness to perform the duties of the position.
8    (c) Each Office of Executive Employee Advocacy shall
9provide all employees over which it has jurisdiction with legal
10assistance, representation, and support concerning any
11complaint, investigation, or proceeding initiated under this
12Article. Each Office of Executive Employee Advocacy shall also
13operate a hotline through which covered employees may contact
14the Office concerning a complaint, investigation, or
15proceeding initiated under this Article. The relationship
16between the Office and an employee to whom the Office provides
17legal assistance and representation under this Section shall be
18the relationship between an attorney and client.
19    (d) Subject to rules adopted by the Executive Ethics
20Commission and with the approval of the appropriate Executive
21Inspector General, each Director may employ and determine the
22compensation of staff as he or she determines necessary to
23carry out the functions of the Office of Executive Employee
24Advocacy.
 
25    (5 ILCS 430/25-20)

 

 

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1    Sec. 25-20. Duties of the Legislative Inspector General.
2In addition to duties otherwise assigned by law, the
3Legislative Inspector General shall have the following duties:
4        (1) To receive and investigate allegations of
5    violations of this Act. Except as otherwise provided in
6    paragraph (1.5), an investigation may not be initiated more
7    than one year after the most recent act of the alleged
8    violation or of a series of alleged violations except where
9    there is reasonable cause to believe that fraudulent
10    concealment has occurred. To constitute fraudulent
11    concealment sufficient to toll this limitations period,
12    there must be an affirmative act or representation
13    calculated to prevent discovery of the fact that a
14    violation has occurred. The Legislative Inspector General
15    shall have the discretion to determine the appropriate
16    means of investigation as permitted by law.
17        (1.5) Notwithstanding any provision of law to the
18    contrary, the Legislative Inspector General, whether
19    appointed by the Legislative Ethics Commission or the
20    General Assembly, may initiate an investigation based on
21    information provided to the Office of the Legislative
22    Inspector General or the Legislative Ethics Commission
23    during the period from December 1, 2014 through November 3,
24    2017. Any investigation initiated under this paragraph
25    (1.5) must be initiated within one year after the effective
26    date of this amendatory Act of the 100th General Assembly.

 

 

HB5499- 6 -LRB100 17849 RJF 33030 b

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

 

 

HB5499- 7 -LRB100 17849 RJF 33030 b

1    have completed ethics training.
2        (9) To establish a policy that ensures the appropriate
3    handling and correct recording of all investigations of
4    allegations and to ensure that the policy is accessible via
5    the Internet in order that those seeking to report those
6    allegations are familiar with the process and that the
7    subjects of those allegations are treated fairly.
8        (10) To appoint a Director of Legislative Employee
9    Advocacy as provided under Section 25-100.
10(Source: P.A. 100-553, eff. 11-16-17.)
 
11    (5 ILCS 430/25-100 new)
12    Sec. 25-100. Office of Legislative Employee Advocacy.
13    (a) The Office of Legislative Employee Advocacy is created
14in the Office of the Legislative Inspector General.
15    (b) The Legislative Inspector General shall appoint a
16Director as head of the Office of Legislative Employee
17advocacy. The Director appointed under this subsection (b)
18shall have jurisdiction over the same officers and employees as
19the Legislative Inspector General. The individual appointed as
20Director shall be a licensed attorney-at-law of this State. The
21compensation for the Director of Legislative Employee Advocacy
22shall be determined by the Legislative Inspector General as
23authorized under subsection (d) of Section 25-10. The Director
24may be removed by the Legislative Inspector General only for
25cause. The Director shall be appointed without regard to

 

 

HB5499- 8 -LRB100 17849 RJF 33030 b

1political affiliation and solely on the basis of fitness to
2perform the duties of the position.
3    (c) The Office of Legislative Employee Advocacy shall
4provide all employees over which it has jurisdiction with legal
5assistance, representation, and support concerning any
6complaint, investigation, or proceeding initiated under this
7Article. The Office of Legislative Employee Advocacy shall also
8operate a hotline through which covered employees may contact
9the Office concerning a complaint, investigation, or
10proceeding initiated under this Article. The relationship
11between the Office and an employee to whom the Office provides
12legal assistance and representation under this Section shall be
13the relationship between an attorney and client.
14    (d) Subject to rules adopted by the Executive Ethics
15Commission and with the approval of the Legislative Inspector
16General, the Director may employ and determine the compensation
17of staff as he or she determines necessary to carry out the
18functions of the Office of Legislative Employee Advocacy.