| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 1. Short title. This Act may be cited as the Local | |||||||||||||||||||
5 | Government Inspector General Act. | |||||||||||||||||||
6 | Section 5. Definitions. For purposes of this Act: | |||||||||||||||||||
7 | "Local official" means: (i) any official appointed or | |||||||||||||||||||
8 | elected to an office of a county, municipality, township, | |||||||||||||||||||
9 | special district, or unit designated as a unit of local | |||||||||||||||||||
10 | government by law, or (ii) an office created by ordinance, | |||||||||||||||||||
11 | resolution, or contract of any unit of local government. | |||||||||||||||||||
12 | "Unit of local government" has the meaning provided in | |||||||||||||||||||
13 | Section 1 of Article VII of the Illinois Constitution. | |||||||||||||||||||
14 | Section 10. Scope. This Act shall apply only to those units | |||||||||||||||||||
15 | of local government that do not have their own inspector | |||||||||||||||||||
16 | general. | |||||||||||||||||||
17 | Section 15. Purpose. The purpose of this Act is to | |||||||||||||||||||
18 | establish an independent entity: (1) to which allegations of | |||||||||||||||||||
19 | incompetence, neglect of duty, malfeasance in office, | |||||||||||||||||||
20 | corruption, or official misconduct involving units of local | |||||||||||||||||||
21 | government, including their officers, employees, and agents, |
| |||||||
| |||||||
1 | or elected or appointed local officials may be reported; and | ||||||
2 | (2) that has the authority to investigate allegations of | ||||||
3 | incompetence, neglect of duty, malfeasance in office, | ||||||
4 | corruption, or official misconduct involving units of local | ||||||
5 | government, including their officers, employees, and agents, | ||||||
6 | or elected or appointed local officials, with the assistance of | ||||||
7 | the Attorney General. | ||||||
8 | Section 20. Local Government Ethics Commission. | ||||||
9 | (a) The Local Government Ethics Commission is created. | ||||||
10 | (b) The Local Government Ethics Commission shall consist of | ||||||
11 | 9 commissioners appointed by the Governor, with the advice and | ||||||
12 | consent of the Senate. Any nomination not acted upon by the | ||||||
13 | Senate within 60 session days of the receipt thereof shall be | ||||||
14 | deemed to have received the advice and consent of the Senate. | ||||||
15 | If, during a recess of the Senate, there is a vacancy in an | ||||||
16 | office of commissioner, the Governor shall make a temporary | ||||||
17 | appointment until the next meeting of the Senate when the | ||||||
18 | Governor shall make a nomination to fill that office. No person | ||||||
19 | rejected for an office of commissioner shall, except by the | ||||||
20 | Senate's request, be nominated again for that office at the | ||||||
21 | same session of the Senate or be appointed to that office | ||||||
22 | during a recess of that Senate. | ||||||
23 | Commissioners shall serve for 4-year terms commencing on | ||||||
24 | July 1 of the year of appointment and running through June 30 | ||||||
25 | of the fourth following year. Commissioners may be reappointed |
| |||||||
| |||||||
1 | to one or more subsequent terms. | ||||||
2 | Vacancies occurring other than at the end of a term shall | ||||||
3 | be filled by the Governor only for the balance of the term of | ||||||
4 | the commissioner whose office is vacant. The Governor may | ||||||
5 | remove a commissioner only for cause. | ||||||
6 | Terms shall run regardless of whether the position is | ||||||
7 | filled. | ||||||
8 | (c) The Governor shall appoint commissioners who have | ||||||
9 | experience holding governmental office or employment and shall | ||||||
10 | appoint commissioners from the general public. A person is not | ||||||
11 | eligible to serve as a commissioner if that person (i) has been | ||||||
12 | convicted of a felony or a crime of dishonesty or moral | ||||||
13 | turpitude, (ii) is, or was within the preceding 12 months, | ||||||
14 | engaged in activities that require registration under the | ||||||
15 | Lobbyist Registration Act, (iii) is related to the appointing | ||||||
16 | authority, or (iv) is a State officer or employee. | ||||||
17 | (d) The Local Government Ethics Commission shall have | ||||||
18 | jurisdiction over all units of local government and local | ||||||
19 | officials, and all vendors and others doing business with any | ||||||
20 | unit of local government or local official. | ||||||
21 | (e) The Local Government Ethics Commission must meet, | ||||||
22 | either in person or by other technological means, at least | ||||||
23 | monthly and as often as necessary. At the first meeting of the | ||||||
24 | Local Government Ethics Commission, the commissioners shall | ||||||
25 | choose from their number a chairperson and other officers that | ||||||
26 | they deem appropriate. The terms of officers shall be for 2 |
| |||||||
| |||||||
1 | years commencing July 1 and running through June 30 of the | ||||||
2 | second following year. Meetings shall be held at the call of | ||||||
3 | the chairperson or any 3 commissioners. Official action by the | ||||||
4 | Commission shall require the affirmative vote of 5 | ||||||
5 | commissioners, and a quorum shall consist of 5 commissioners. | ||||||
6 | Commissioners shall receive compensation in an amount equal to | ||||||
7 | the compensation of members of the State Board of Elections and | ||||||
8 | may be reimbursed for their reasonable expenses actually | ||||||
9 | incurred in the performance of their duties. | ||||||
10 | (f) No commissioner or employee of the Local Government | ||||||
11 | Ethics Commission may during his or her term of appointment or | ||||||
12 | employment: | ||||||
13 | (1) become a candidate for any elective office; | ||||||
14 | (2) hold any other elected or appointed public office | ||||||
15 | except for appointments on governmental advisory boards or | ||||||
16 | study commissions or as otherwise expressly authorized by | ||||||
17 | law; | ||||||
18 | (3) be actively involved in the affairs of any | ||||||
19 | political party or political organization; or | ||||||
20 | (4) advocate for the appointment of another person to | ||||||
21 | an appointed or elected office or position or actively | ||||||
22 | participate in any campaign for any elective office. | ||||||
23 | (g) The Local Government Ethics Commission shall appoint an | ||||||
24 | Executive Director. The compensation of the Executive Director | ||||||
25 | shall be as determined by the Commission. The Executive | ||||||
26 | Director of the Local Government Ethics Commission may employ |
| |||||||
| |||||||
1 | and determine the compensation of staff, as appropriations | ||||||
2 | permit. | ||||||
3 | Section 25. Local Government Inspector General. | ||||||
4 | (a) There is created the Office of the Local Government | ||||||
5 | Inspector General. | ||||||
6 | (b) The Local Government Inspector General shall be | ||||||
7 | appointed by the Governor, with the advice and consent of the | ||||||
8 | Senate. Any nomination not acted upon by the Senate within 60 | ||||||
9 | session days of the receipt thereof shall be deemed to have | ||||||
10 | received the advice and consent of the Senate. If, during a | ||||||
11 | recess of the Senate, there is a vacancy in an office of Local | ||||||
12 | Government Inspector General, the Governor shall make a | ||||||
13 | temporary appointment until the next meeting of the Senate when | ||||||
14 | the Governor shall make a nomination to fill the office. No | ||||||
15 | person rejected for the office of Local Government Inspector | ||||||
16 | General shall, except by the Senate's request, be nominated | ||||||
17 | again for that office at the same session of the Senate or be | ||||||
18 | appointed to that office during a recess of that Senate. | ||||||
19 | Nothing in this Act precludes the appointment by any unit | ||||||
20 | of local government or any local official of any other | ||||||
21 | inspector general required or permitted by law. | ||||||
22 | The Local Government Inspector General shall have the | ||||||
23 | following qualifications: | ||||||
24 | (1) has not been convicted of any felony under the laws | ||||||
25 | of this State, another State, or the United States; |
| |||||||
| |||||||
1 | (2) has earned a baccalaureate degree from an | ||||||
2 | institution of higher education; and | ||||||
3 | (3) has 5 or more years of cumulative service (A) with | ||||||
4 | a federal, State, or local law enforcement agency, at least | ||||||
5 | 2 years of which have been in a progressive investigatory | ||||||
6 | capacity; (B) as a federal, State, or local prosecutor; (C) | ||||||
7 | as a senior manager or executive of a federal, State, or | ||||||
8 | local agency; (D) as a member, an officer, or a State or | ||||||
9 | federal judge; or (E) representing any combination of (A) | ||||||
10 | through (D). | ||||||
11 | The term of the Local Government Inspector General shall be | ||||||
12 | for 5 years, commencing on July 1 of the year of appointment | ||||||
13 | and running through June 30 of the fifth following year. The | ||||||
14 | Local Government Inspector General may be reappointed to one or | ||||||
15 | more subsequent terms. A vacancy occurring other than at the | ||||||
16 | end of a term shall be filled by the Governor for the balance | ||||||
17 | of the current term. | ||||||
18 | (c) The Local Government Inspector General shall have | ||||||
19 | jurisdiction over all units of local government and local | ||||||
20 | officials, and all vendors and others doing business with any | ||||||
21 | unit of local government or local official. | ||||||
22 | The jurisdiction of the Local Government Inspector General | ||||||
23 | is to investigate allegations of fraud, waste, abuse, | ||||||
24 | mismanagement, misconduct, nonfeasance, misfeasance, | ||||||
25 | malfeasance, or violations of other related laws and rules. | ||||||
26 | (d) The compensation for the Local Government Inspector |
| |||||||
| |||||||
1 | General shall be determined by the Governor and shall be made | ||||||
2 | from appropriations made to the Office of the Governor for this | ||||||
3 | purpose. The Local Government Inspector General has full | ||||||
4 | authority to organize the Office of the Local Government | ||||||
5 | Inspector General, including the employment and determination | ||||||
6 | of the compensation of staff, such as deputies, assistants, and | ||||||
7 | other employees, as appropriations permit. | ||||||
8 | (e) No Local Government Inspector General or employee of | ||||||
9 | the Office of the Local Government Inspector General may, | ||||||
10 | during his or her term of appointment or employment: | ||||||
11 | (1) become a candidate for any elective office; | ||||||
12 | (2) hold any other elected or appointed public office | ||||||
13 | except for appointments on governmental advisory boards or | ||||||
14 | study commissions or as otherwise expressly authorized by | ||||||
15 | law; | ||||||
16 | (3) be actively involved in the affairs of any | ||||||
17 | political party or political organization; or | ||||||
18 | (4) advocate for the appointment of another person to | ||||||
19 | an appointed or elected office or position or actively | ||||||
20 | participate in any campaign for any elective office. | ||||||
21 | In this subsection an appointed public office means a | ||||||
22 | position authorized by law that is filled by an appointing | ||||||
23 | authority as provided by law and does not include employment by | ||||||
24 | hiring in the ordinary course of business. | ||||||
25 | (f) No Local Government Inspector General or employee of | ||||||
26 | the Office of the Local Government Inspector General may, for |
| |||||||
| |||||||
1 | one year after the termination of his or her appointment or | ||||||
2 | employment: | ||||||
3 | (1) become a candidate for any elective office; | ||||||
4 | (2) hold any elected public office; or | ||||||
5 | (3) hold any appointed State, county, or local judicial | ||||||
6 | office. | ||||||
7 | (g) The Local Government Inspector General may be removed | ||||||
8 | only for cause and may be removed only by the Governor. At the | ||||||
9 | time of the removal, the Governor must report to the Senate the | ||||||
10 | justification for the removal. | ||||||
11 | Section 30. Duties of the Local Government Inspector | ||||||
12 | General. In addition to duties otherwise assigned by law, the | ||||||
13 | Local Government Inspector General shall have the following | ||||||
14 | duties: | ||||||
15 | (1) To receive and investigate allegations of | ||||||
16 | incompetence, neglect of duty, malfeasance in office, | ||||||
17 | corruption, or official misconduct by local officials. An | ||||||
18 | investigation may not be initiated more than one year after | ||||||
19 | the most recent act of the alleged violation or of a series | ||||||
20 | of alleged violations except where there is reasonable | ||||||
21 | cause to believe that fraudulent concealment has occurred. | ||||||
22 | To constitute fraudulent concealment sufficient to toll | ||||||
23 | this limitations period, there must be an affirmative act | ||||||
24 | or representation calculated to prevent discovery of the | ||||||
25 | fact that a violation has occurred. The Local Government |
| |||||||
| |||||||
1 | Inspector General shall have the discretion to determine | ||||||
2 | the appropriate means of investigation as permitted by law. | ||||||
3 | (2) To request information relating to an | ||||||
4 | investigation from any person when the Local Government | ||||||
5 | Inspector General deems that information necessary in | ||||||
6 | conducting an investigation. | ||||||
7 | (3) To issue subpoenas to compel the attendance of | ||||||
8 | witnesses for the purposes of testimony and production of | ||||||
9 | documents and other items for inspection and copying and to | ||||||
10 | make service of those subpoenas. | ||||||
11 | (4) To submit reports as required by this Act. | ||||||
12 | (5) To file pleadings in the name of the Local | ||||||
13 | Government Inspector General with the Local Government | ||||||
14 | Ethics Commission, through the Attorney General, as | ||||||
15 | provided in this Act if the Attorney General finds that | ||||||
16 | reasonable cause exists to believe that a violation has | ||||||
17 | occurred. | ||||||
18 | (6) To participate in or conduct, when appropriate, | ||||||
19 | multi-jurisdictional investigations. | ||||||
20 | (7) To establish a policy that ensures the appropriate | ||||||
21 | handling and correct recording of all investigations | ||||||
22 | conducted by the Office, and to ensure that the policy is | ||||||
23 | accessible via the Internet in order that those seeking to | ||||||
24 | report those allegations are familiar with the process and | ||||||
25 | that the subjects of those allegations are treated fairly. |
| |||||||
| |||||||
1 | Section 35. Administrative subpoena; compliance. A person | ||||||
2 | duly subpoenaed for testimony, documents, or other items who | ||||||
3 | neglects or refuses to testify or produce documents or other | ||||||
4 | items under the requirements of the subpoena shall be subject | ||||||
5 | to punishment as may be determined by a court of competent | ||||||
6 | jurisdiction. Nothing in this Section limits or alters a | ||||||
7 | person's existing rights or protections under State or federal | ||||||
8 | law. | ||||||
9 | Section 40. Standing; representation. | ||||||
10 | (a) Only the Local Government Inspector General or the | ||||||
11 | Attorney General may bring actions before the Local Government | ||||||
12 | Ethics Commission. | ||||||
13 | (b) The Attorney General shall represent the Local | ||||||
14 | Government Inspector General in all proceedings before the | ||||||
15 | Commission. Whenever the Attorney General is sick or absent, or | ||||||
16 | unable to attend, or is interested in any matter or proceeding | ||||||
17 | under this Act, upon the filing of a petition under seal by any | ||||||
18 | person with standing, the Supreme Court (or any other court of | ||||||
19 | competent jurisdiction as designated and determined by rule of | ||||||
20 | the Supreme Court) may appoint some competent attorney to | ||||||
21 | prosecute or defend that matter or proceeding, and the attorney | ||||||
22 | so appointed shall have the same power and authority in | ||||||
23 | relation to that matter or proceeding as the Attorney General | ||||||
24 | would have had if present and attending to the same. | ||||||
25 | (c) Attorneys representing the Local Government General in |
| |||||||
| |||||||
1 | proceedings before the Local Government Ethics Commission, | ||||||
2 | except an attorney appointed under subsection (b), shall be | ||||||
3 | appointed or retained by the Attorney General, shall be under | ||||||
4 | the supervision, direction, and control of the Attorney | ||||||
5 | General, and shall serve at the pleasure of the Attorney | ||||||
6 | General. The compensation of any attorneys appointed or | ||||||
7 | retained in accordance with this subsection or subsection (b) | ||||||
8 | shall be paid by the appropriate Office of the Local Government | ||||||
9 | Inspector General. | ||||||
10 | Section 45. Investigation reports. | ||||||
11 | (a) If the Local Government Inspector General, upon the | ||||||
12 | conclusion of an investigation, determines that reasonable | ||||||
13 | cause exists to believe that a violation has occurred, then the | ||||||
14 | Local Government Inspector General shall issue a summary report | ||||||
15 | of the investigation. The report shall be delivered to the | ||||||
16 | appropriate ultimate jurisdictional authority affected by or | ||||||
17 | involved in the investigation, if appropriate. The appropriate | ||||||
18 | ultimate jurisdictional authority shall respond to the summary | ||||||
19 | report within 20 days, in writing, to the Local Government | ||||||
20 | Inspector General. The response shall include a description of | ||||||
21 | any corrective or disciplinary action to be imposed. | ||||||
22 | (b) The summary report of the investigation shall include | ||||||
23 | the following: | ||||||
24 | (1) A description of any allegations or other | ||||||
25 | information received by the Local Government Inspector |
| |||||||
| |||||||
1 | General pertinent to the investigation. | ||||||
2 | (2) A description of any alleged misconduct discovered | ||||||
3 | in the course of the investigation. | ||||||
4 | (3) Recommendations for any corrective or disciplinary | ||||||
5 | action to be taken in response to any alleged misconduct | ||||||
6 | described in the report, including but not limited to | ||||||
7 | discharge. | ||||||
8 | (4) Other information the Local Government Inspector | ||||||
9 | General deems relevant to the investigation or resulting | ||||||
10 | recommendations. | ||||||
11 | (c) Within 30 days after receiving a response from the | ||||||
12 | appropriate ultimate jurisdictional authority under subsection | ||||||
13 | (a), the Local Government Inspector General shall notify the | ||||||
14 | Local Government Ethics Commission and the Attorney General if | ||||||
15 | the Local Government Inspector General believes that a | ||||||
16 | complaint should be filed with the Commission. If the Local | ||||||
17 | Government Inspector General desires to file a complaint with | ||||||
18 | the Commission, the Local Government Inspector General shall | ||||||
19 | submit the summary report and supporting documents to the | ||||||
20 | Attorney General. If the Attorney General concludes that there | ||||||
21 | is insufficient evidence that a violation has occurred, the | ||||||
22 | Attorney General shall notify the Local Government Inspector | ||||||
23 | General and the Local Government Inspector General shall | ||||||
24 | deliver to the Local Government Ethics Commission a copy of the | ||||||
25 | summary report and response from the ultimate jurisdictional | ||||||
26 | authority or agency head. If the Attorney General determines |
| |||||||
| |||||||
1 | that reasonable cause exists to believe that a violation has | ||||||
2 | occurred, then the Local Government Inspector General, | ||||||
3 | represented by the Attorney General, may file with the Local | ||||||
4 | Government 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 Local Government Inspector General to the | ||||||
16 | Commission and the Attorney General, then the Commission may | ||||||
17 | set a meeting of the Commission at which the Attorney General | ||||||
18 | shall appear and provide a status report to the Commission. | ||||||
19 | (d) Within 30 days after receiving a response from the | ||||||
20 | appropriate ultimate jurisdictional authority under subsection | ||||||
21 | (a), if the Local Government Inspector General does not believe | ||||||
22 | that a complaint should be filed, the Local Government | ||||||
23 | Inspector General shall deliver to the Local Government 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 |
| |||||||
| |||||||
1 | head. The Local Government Inspector General may also submit a | ||||||
2 | redacted version of the summary report and response from the | ||||||
3 | ultimate jurisdictional authority if the Local Government | ||||||
4 | Inspector General believes either contains information that, | ||||||
5 | in the opinion of the Local Government Inspector General, | ||||||
6 | should be redacted prior to releasing the report, may interfere | ||||||
7 | with an ongoing investigation, or identifies an informant or | ||||||
8 | complainant. | ||||||
9 | (e) If, after reviewing the documents, the Commission | ||||||
10 | believes that further investigation is warranted, the | ||||||
11 | Commission may request that the Local Government Inspector | ||||||
12 | General provide additional information or conduct further | ||||||
13 | investigation. The Commission may also appoint a Special Local | ||||||
14 | Government Inspector General to investigate or refer the | ||||||
15 | summary report and response from the ultimate jurisdictional | ||||||
16 | authority to the Attorney General for further investigation or | ||||||
17 | review. If the Commission requests the Attorney General to | ||||||
18 | investigate or review, the Commission must notify the Attorney | ||||||
19 | General and the Local Government Inspector General. The | ||||||
20 | Attorney General may not begin an investigation or review until | ||||||
21 | receipt of notice from the Commission. If, after review, the | ||||||
22 | Attorney General determines that reasonable cause exists to | ||||||
23 | believe that a violation has occurred, then the Attorney | ||||||
24 | General may file a complaint with the Local Government Ethics | ||||||
25 | Commission. If the Attorney General concludes that there is | ||||||
26 | insufficient evidence that a violation has occurred, the |
| |||||||
| |||||||
1 | Attorney General shall notify the Local Government Ethics | ||||||
2 | Commission and the Local Government Inspector General. | ||||||
3 | (f) A copy of the complaint filed with the Local Government | ||||||
4 | Ethics Commission must be served on all respondents named in | ||||||
5 | the complaint and on each respondent's ultimate jurisdictional | ||||||
6 | authority in the same manner as process is served under the | ||||||
7 | Code of Civil Procedure. | ||||||
8 | (g) A respondent may file objections to the complaint | ||||||
9 | within 30 days after notice of the petition has been served on | ||||||
10 | the respondent. | ||||||
11 | (h) The Commission shall meet, either in person or by | ||||||
12 | telephone, at least 30 days after the complaint is served on | ||||||
13 | all respondents in a closed session to review the sufficiency | ||||||
14 | of the complaint. The Commission shall issue notice by | ||||||
15 | certified mail, return receipt requested, to the Local | ||||||
16 | Government Inspector General, Attorney General, and all | ||||||
17 | respondents of the Commission's ruling on the sufficiency of | ||||||
18 | the complaint. If the complaint is deemed to sufficiently | ||||||
19 | allege a violation of this Act, then the Commission shall | ||||||
20 | include a hearing date scheduled within 4 weeks after the date | ||||||
21 | of the notice, unless all of the parties consent to a later | ||||||
22 | date. If the complaint is deemed not to sufficiently allege a | ||||||
23 | violation, then the Commission shall send by certified mail, | ||||||
24 | return receipt requested, a notice to the Local Government | ||||||
25 | Inspector General, Attorney General, and all respondents of the | ||||||
26 | decision to dismiss the complaint. |
| |||||||
| |||||||
1 | (i) 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 | (j) Within an appropriate time limit set by rules of the | ||||||
7 | Local Government Ethics Commission, the Commission shall (i) | ||||||
8 | dismiss the complaint, (ii) issue a recommendation of | ||||||
9 | discipline to the respondent and the respondent's ultimate | ||||||
10 | jurisdictional authority, (iii) impose an administrative fine | ||||||
11 | upon the respondent, (iv) issue injunctive relief, or (v) | ||||||
12 | impose a combination of (ii) through (iv). | ||||||
13 | (k) The proceedings on any complaint filed with the | ||||||
14 | Commission shall be conducted pursuant to rules promulgated by | ||||||
15 | the Commission. | ||||||
16 | (l) The Commission may designate hearing officers to | ||||||
17 | conduct proceedings as determined by rule of the Commission. | ||||||
18 | (m) In all proceedings before the Commission, the standard | ||||||
19 | of proof is by a preponderance of the evidence. | ||||||
20 | (n) Within 30 days after the issuance of a final | ||||||
21 | administrative decision that concludes that a violation | ||||||
22 | occurred, the Local Government Ethics Commission shall make | ||||||
23 | public the entire record of proceedings before the Commission, | ||||||
24 | the decision, any recommendation, any discipline imposed, and | ||||||
25 | the response from the agency head or ultimate jurisdictional | ||||||
26 | authority to the Local Government Ethics Commission. |
| |||||||
| |||||||
1 | Section 50. Closed investigations. When the Local | ||||||
2 | Government Inspector General concludes that there is | ||||||
3 | insufficient evidence that a violation has occurred, the Local | ||||||
4 | Government Inspector General shall close the investigation. | ||||||
5 | The Local Government Inspector General shall provide the | ||||||
6 | Commission with a written statement of the Local Government | ||||||
7 | Inspector General's decision to close the investigation. At the | ||||||
8 | request of the subject of the investigation, the Local | ||||||
9 | Government Inspector General shall provide a written statement | ||||||
10 | to the subject of the investigation of the Inspector General's | ||||||
11 | decision to close the investigation. Closure by the Local | ||||||
12 | Government Inspector General does not bar the Local Government | ||||||
13 | Inspector General from resuming the investigation if | ||||||
14 | circumstances warrant. The Commission also has the discretion | ||||||
15 | to request that the Local Government Inspector General conduct | ||||||
16 | further investigation of any matter closed pursuant to this | ||||||
17 | Section, to appoint a Special Local Government Inspector | ||||||
18 | General to investigate, or to refer the allegations to the | ||||||
19 | Attorney General for further investigation or review. If the | ||||||
20 | Commission requests the Attorney General to investigate or | ||||||
21 | review, the Commission must notify the Attorney General and the | ||||||
22 | Inspector General. The Attorney General may not begin an | ||||||
23 | investigation or review until receipt of notice from the | ||||||
24 | Commission. |
| |||||||
| |||||||
1 | Section 55. Release of summary reports. | ||||||
2 | (a) Within 60 days after receipt of a summary report and | ||||||
3 | response from the ultimate jurisdictional authority or agency | ||||||
4 | head that resulted in a suspension of at least 3 days or | ||||||
5 | termination of employment, the Local Government Ethics | ||||||
6 | Commission shall make available to the public the report and | ||||||
7 | response or a redacted version of the report and response. The | ||||||
8 | Local Government Ethics Commission may make available to the | ||||||
9 | public any other summary report and response of the ultimate | ||||||
10 | jurisdictional authority or a redacted version of the report | ||||||
11 | and response. | ||||||
12 | (b) The Commission shall redact information in the summary | ||||||
13 | report that may reveal the identity of witnesses, complainants, | ||||||
14 | or informants or if the Commission determines it is appropriate | ||||||
15 | to protect the identity of a person before the report is made | ||||||
16 | public. The Commission may also redact any information it | ||||||
17 | believes should not be made public. Prior to publication, the | ||||||
18 | Commission shall permit the respondents, the Local Government | ||||||
19 | Inspector General, and Attorney General to review documents to | ||||||
20 | be made public and offer suggestions for redaction or provide a | ||||||
21 | response that shall be made public with the summary report. | ||||||
22 | (c) The Commission may withhold publication of the report | ||||||
23 | or response if the Local Government Inspector General or | ||||||
24 | Attorney General certifies that releasing the report to the | ||||||
25 | public will interfere with an ongoing investigation. |
| |||||||
| |||||||
1 | Section 60. Cooperation in investigations. It is the duty | ||||||
2 | of every officer and employee under the jurisdiction of the | ||||||
3 | Local Government Inspector General to cooperate with the Local | ||||||
4 | Government Inspector General and the Attorney General in any | ||||||
5 | investigation undertaken pursuant to this Act. Failure to | ||||||
6 | cooperate includes, but is not limited to, intentional | ||||||
7 | omissions and knowing false statements. Failure to cooperate | ||||||
8 | with an investigation of the Local Government Inspector General | ||||||
9 | or the Attorney General is grounds for disciplinary action, | ||||||
10 | including dismissal. Nothing in this Section limits or alters a | ||||||
11 | person's existing rights or protections under State or federal | ||||||
12 | law. | ||||||
13 | Section 65. Referrals of investigations. If the Local | ||||||
14 | Government Inspector General determines that any alleged | ||||||
15 | misconduct involves any person not subject to the jurisdiction | ||||||
16 | of the Local Government Ethics Commission, the Local Government | ||||||
17 | Inspector General shall refer the reported allegations to the | ||||||
18 | appropriate Inspector General, appropriate ethics commission, | ||||||
19 | or other appropriate body. If the Local Government Inspector | ||||||
20 | General determines that any alleged misconduct may give rise to | ||||||
21 | criminal penalties, the Local Government Inspector General may | ||||||
22 | refer the allegations regarding that misconduct to the | ||||||
23 | appropriate law enforcement authority. If a Local Government | ||||||
24 | Inspector General determines that any alleged misconduct | ||||||
25 | resulted in the loss of public funds in an amount of $5,000 or |
| |||||||
| |||||||
1 | greater, the Local Government Inspector General shall refer the | ||||||
2 | allegations regarding that misconduct to the Attorney General | ||||||
3 | and any other appropriate law enforcement authority. | ||||||
4 | Section 70. Quarterly reports by the Attorney General. The | ||||||
5 | Attorney General shall submit quarterly reports to the Local | ||||||
6 | Government Ethics Commission, on dates determined by the Local | ||||||
7 | Government Ethics Commission, indicating: | ||||||
8 | (1) the number of complaints received from the Local | ||||||
9 | Government Inspector General since the date of the last | ||||||
10 | report; | ||||||
11 | (2) the number of complaints for which the Attorney | ||||||
12 | General has determined reasonable cause exists to believe | ||||||
13 | that a violation has occurred since the date of the last | ||||||
14 | report; and | ||||||
15 | (3) the number of complaints still under review by the | ||||||
16 | Attorney General.
|