103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1922

 

Introduced 2/9/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/Art. 103 heading new
60 ILCS 1/103-5 new
60 ILCS 1/103-10 new
60 ILCS 1/103-15 new
60 ILCS 1/103-20 new
60 ILCS 1/103-25 new
60 ILCS 1/103-30 new
60 ILCS 1/103-35 new
60 ILCS 1/103-40 new
60 ILCS 1/103-45 new
60 ILCS 1/103-50 new
60 ILCS 1/103-55 new
60 ILCS 1/103-60 new
60 ILCS 1/103-65 new
60 ILCS 1/103-70 new

    Creates the Township Inspector General Article of the Township Code. Provides that the purpose of the Article is to establish an independent entity to which allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving townships, including the township's officers, local officials, employees, agents, vendors, and others doing business with the township, may be reported and investigated with the assistance of the Attorney General. Creates the Township Ethics Commission and the Office of the Township 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.


LRB103 28895 AWJ 55281 b

 

 

A BILL FOR

 

SB1922LRB103 28895 AWJ 55281 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by adding Article
5103 as follows:
 
6    (60 ILCS 1/Art. 103 heading new)
7
ARTICLE 103. TOWNSHIP INSPECTOR GENERAL

 
8    (60 ILCS 1/103-5 new)
9    Sec. 103-5. Definitions. For purposes of this Article,
10"local official" means (i) any official appointed or elected
11to an office of a township, or (ii) an office created by
12ordinance, resolution, or contract of any township.
 
13    (60 ILCS 1/103-10 new)
14    Sec. 103-10. Scope. This Article applies only to townships
15that do not have their own inspector general.
 
16    (60 ILCS 1/103-15 new)
17    Sec. 103-15. Purpose. The purpose of this Article is to
18establish an independent entity: (1) to which allegations of
19incompetence, neglect of duty, malfeasance in office,
20corruption, or official misconduct involving township

 

 

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1officers, local officials, employees, agents, vendors, and
2others doing business with the township; and (2) that has the
3authority to investigate allegations of incompetence, neglect
4of duty, malfeasance in office, corruption, or official
5misconduct involving township officers, local officials,
6employees, agents, vendors, and others doing business with the
7township, with the assistance of the Attorney General.
 
8    (60 ILCS 1/103-20 new)
9    Sec. 103-20. Township Ethics Commission.
10    (a) The Township Ethics Commission is created.
11    (b) The Township Ethics Commission shall consist of 9
12commissioners appointed by the Governor, with the advice and
13consent of the Senate. Any nomination not acted upon by the
14Senate within 60 session days of the receipt of the nomination
15shall be deemed to have received the advice and consent of the
16Senate. If, during a recess of the Senate, there is a vacancy
17in an office of commissioner, the Governor shall make a
18temporary appointment until the next meeting of the Senate
19when the Governor shall make a nomination to fill that office.
20No person rejected for an office of commissioner shall, except
21by the Senate's request, be nominated again for that office at
22the same session of the Senate or be appointed to that office
23during a recess of that Senate.
24    Commissioners shall serve for 4-year terms commencing on
25July 1 of the year of appointment and running through June 30

 

 

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1of the fourth following year. Commissioners may be reappointed
2to one or more subsequent terms.
3    Vacancies occurring other than at the end of a term shall
4be filled by the Governor only for the balance of the term of
5the commissioner whose office is vacant. The Governor may
6remove a commissioner only for cause.
7    Terms shall run regardless of whether the position is
8filled.
9    (c) The Governor shall appoint commissioners who have
10experience holding governmental office or employment and shall
11appoint commissioners from the general public. A person is not
12eligible to serve as a commissioner if that person (i) has been
13convicted of a felony or a crime of dishonesty or moral
14turpitude, (ii) is, or was within the preceding 12 months,
15engaged in activities that require registration under the
16Lobbyist Registration Act, (iii) is related to the appointing
17authority, or (iv) is a State officer or employee.
18    (d) The Township Ethics Commission has jurisdiction over
19all townships and township officers, local officials,
20employees, agents, vendors, and others doing business with the
21township.
22    (e) The Township Ethics Commission must meet, either in
23person or by other technological means, at least monthly and
24as often as necessary. At the first meeting of the Township
25Ethics Commission, the commissioners shall choose from their
26number a chairperson and other officers that they deem

 

 

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1appropriate. The terms of officers shall be for 2 years
2commencing July 1 and running through June 30 of the second
3following year. Meetings shall be held at the call of the
4chairperson or any 3 commissioners. Official action by the
5Commission requires the affirmative vote of 5 commissioners,
6and a quorum consists of 5 commissioners. Commissioners shall
7receive compensation in an amount equal to the compensation of
8members of the State Board of Elections and may be reimbursed
9for their reasonable expenses actually incurred in the
10performance of their duties.
11    (f) No commissioner or employee of the Townships Ethics
12Commission may during his or her term of appointment or
13employment:
14        (1) become a candidate for any elective office;
15        (2) hold any other elected or appointed public office
16    except for appointments on governmental advisory boards or
17    study commissions or as otherwise expressly authorized by
18    law;
19        (3) be actively involved in the affairs of any
20    political party or political organization; or
21        (4) advocate for the appointment of another person to
22    an appointed or elected office or position or actively
23    participate in any campaign for any elective office.
24    (g) The Township Ethics Commission shall appoint an
25Executive Director. The compensation of the Executive Director
26shall be as determined by the Commission. The Executive

 

 

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1Director of the Township Ethics Commission may employ and
2determine the compensation of staff, as appropriations permit.
 
3    (60 ILCS 1/103-25 new)
4    Sec. 103-25. Township Inspector General.
5    (a) There is created the Office of the Township Inspector
6General.
7    (b) The Township Inspector General shall be appointed by
8the Governor, with the advice and consent of the Senate. Any
9nomination not acted upon by the Senate within 60 session days
10of the receipt of the nomination shall be deemed to have
11received the advice and consent of the Senate. If, during a
12recess of the Senate, there is a vacancy in an office of
13Township Inspector General, the Governor shall make a
14temporary appointment until the next meeting of the Senate
15when the Governor shall make a nomination to fill the office.
16No person rejected for the office of Township Inspector
17General shall, except by the Senate's request, be nominated
18again for that office at the same session of the Senate or be
19appointed to that office during a recess of that Senate.
20    Nothing in this Article precludes the appointment by a
21township or any local official of any other inspector general
22required or permitted by law.
23    The Township Inspector General shall have the following
24qualifications:
25        (1) has not been convicted of any felony under the

 

 

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1    laws of this State, another State, or the United States;
2        (2) has earned a baccalaureate degree from an
3    institution of higher education; and
4        (3) has 5 or more years of cumulative service (A) with
5    a federal, State, or local law enforcement agency, at
6    least 2 years of which have been in a progressive
7    investigatory capacity; (B) as a federal, State, or local
8    prosecutor; (C) as a senior manager or executive of a
9    federal, State, or local agency; (D) as a member, an
10    officer, or a State or federal judge; or (E) representing
11    any combination of (A) through (D).
12    The term of the Township Inspector General shall be for 5
13years, commencing on July 1 of the year of appointment and
14running through June 30 of the fifth following year. The
15Township Inspector General may be reappointed to one or more
16subsequent terms. A vacancy occurring other than at the end of
17a term shall be filled by the Governor for the balance of the
18current term.
19    (c) The Township Inspector General has jurisdiction over
20all townships and township officers, local officials,
21employees, agents, vendors, and others doing business with the
22township. The Township Inspector General has the authority to
23investigate allegations of fraud, waste, abuse, mismanagement,
24misconduct, nonfeasance, misfeasance, malfeasance, or
25violations of other related laws and rules.
26    (d) The compensation for the Township Inspector General

 

 

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1shall be determined by the Governor and shall be made from
2appropriations made to the Office of the Governor for this
3purpose. The Township Inspector General has full authority to
4organize the Office of the Township Inspector General,
5including the employment and determination of the compensation
6of staff, such as deputies, assistants, and other employees,
7as appropriations permit.
8    (e) A Township Inspector General or employee of the Office
9of the Township Inspector General may not, during his or her
10term 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 elected or appointed public office or position or
20    actively participate in any campaign for any elective
21    office.
22    In this subsection, "appointed public office" means a
23position authorized by law that is filled by an appointing
24authority as provided by law and does not include employment
25by hiring in the ordinary course of business.
26    (f) A Township Inspector General or employee of the Office

 

 

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1of the Township Inspector General may not, for one year after
2the termination of his or her appointment or employment: (1)
3become a candidate for any elective office; (2) hold any
4elected public office; or (3) hold any appointed State,
5county, or local judicial office.
6    (g) The Township Inspector General may be removed only for
7cause and may be removed only by the Governor. At the time of
8the removal, the Governor must report to the Senate the
9justification for the removal.
 
10    (60 ILCS 1/103-30 new)
11    Sec. 103-30. Duties of the Township Inspector General. In
12addition to duties otherwise assigned by law, the Township
13Inspector General has the following duties:
14        (1) To receive and investigate allegations of
15    incompetence, neglect of duty, malfeasance in office,
16    corruption, or official misconduct by local officials. An
17    investigation may not be initiated more than one year
18    after the most recent act of the alleged violation or of a
19    series of alleged violations except where there is
20    reasonable cause to believe that fraudulent concealment
21    has occurred. To constitute fraudulent concealment
22    sufficient to toll this limitation period, there must be
23    an affirmative act or representation calculated to prevent
24    discovery of the fact that a violation has occurred. The
25    Township Inspector General shall have the discretion to

 

 

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1    determine the appropriate means of investigation as
2    permitted by law.
3        (2) To request information relating to an
4    investigation from any person when the Township Inspector
5    General deems that information necessary in conducting an
6    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
10    to make service of those subpoenas.
11        (4) To submit reports as required by this Article.
12        (5) To file pleadings in the name of the Township
13    Inspector General with the Township 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 participate in or conduct, when appropriate,
18    multi-jurisdictional investigations.
19        (7) To establish a policy that ensures the appropriate
20    handling and correct recording of all investigations
21    conducted by the Office, and to ensure that the policy is
22    accessible via the Internet in order that those seeking to
23    report those allegations are familiar with the process and
24    that the subjects of those allegations are treated fairly.
 
25    (60 ILCS 1/103-35 new)

 

 

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1    Sec. 103-35. Administrative subpoena; compliance. A person
2duly subpoenaed for testimony, documents, or other items who
3neglects or refuses to testify or produce documents or other
4items under the requirements of the subpoena shall be subject
5to punishment as may be determined by a court. Nothing in this
6Section limits or alters a person's existing rights or
7protections under State or federal law.
 
8    (60 ILCS 1/103-40 new)
9    Sec. 103-40. Standing; representation.
10    (a) Only the Township Inspector General or the Attorney
11General may bring actions before the Township Ethics
12Commission.
13    (b) The Attorney General shall represent the Township
14Inspector General in all proceedings before the Commission.
15Whenever the Attorney General is sick or absent, or unable to
16attend, or is interested in any matter or proceeding under
17this Article, upon the filing of a petition under seal by any
18person with standing, the Supreme Court (or any other court as
19designated and determined by rule of the Supreme Court) may
20appoint some competent attorney to prosecute or defend that
21matter or proceeding, and the attorney so appointed shall have
22the same power and authority in relation to that matter or
23proceeding as the Attorney General would have had if present
24and attending to the same.
25    (c) Attorneys representing the Township Inspector General

 

 

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1in proceedings before the Township Ethics Commission, except
2an attorney appointed under subsection (b), shall be appointed
3or retained by the Attorney General, shall be under the
4supervision, direction, and control of the Attorney General,
5and shall serve at the pleasure of the Attorney General. The
6compensation of any attorneys appointed or retained in
7accordance with this subsection or subsection (b) shall be
8paid by the appropriate Office of the Township Inspector
9General.
 
10    (60 ILCS 1/103-45 new)
11    Sec. 103-45. Investigation reports.
12    (a) If the Township Inspector General, upon the conclusion
13of an investigation, determines that reasonable cause exists
14to believe that a violation has occurred, then the Township
15Inspector General shall issue a summary report of the
16investigation. The report shall be delivered to the township
17board, if appropriate. The township board shall respond to the
18summary report within 20 days, in writing, to the Township
19Inspector General. The response shall include a description of
20any corrective or disciplinary action to be imposed. If the
21township board fails to respond by the 20th day, the Township
22Inspector General may proceed as provided in subsection (c) or
23(d).
24    (b) The summary report of the investigation shall include
25the following:

 

 

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1        (1) A description of any allegations or other
2    information received by the Township Inspector General
3    pertinent to the investigation.
4        (2) A description of any alleged misconduct discovered
5    in the course of the investigation.
6        (3) Recommendations for any corrective or disciplinary
7    action to be taken in response to any alleged misconduct
8    described in the report, including, but not limited, to
9    discharge.
10        (4) Other information the Township Inspector General
11    deems relevant to the investigation or resulting
12    recommendations.
13    (c) Within 30 days after receiving a response from the
14township board under subsection (a) or at any time if the
15Township Inspector General did not deliver the summary report
16to the township board under subsection (a), the Township
17Inspector General shall notify the Township Ethics Commission
18and the Attorney General if the Township Inspector General
19believes that a complaint should be filed with the Commission.
20If the Township Inspector General desires to file a complaint
21with the Commission, the Township Inspector General shall
22submit the summary report and supporting documents to the
23Attorney General.
24    If the Attorney General concludes that there is
25insufficient evidence that a violation has occurred, the
26Attorney General shall notify the Township Inspector General

 

 

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1and the Township Inspector General shall deliver to the
2Township Ethics Commission a copy of the summary report and
3response from the ultimate jurisdictional authority or agency
4head. If the Attorney General determines that reasonable cause
5exists to believe that a violation has occurred, then the
6Township Inspector General, represented by the Attorney
7General, may file with the Township Ethics Commission a
8complaint. The complaint shall set forth the alleged violation
9and the grounds that exist to support the complaint. The
10complaint must be filed with the Commission within 18 months
11after the most recent act of the alleged violation or of a
12series of alleged violations except where there is reasonable
13cause to believe that fraudulent concealment has occurred. To
14constitute fraudulent concealment sufficient to toll this
15limitation period, there must be an affirmative actor
16representation calculated to prevent discovery of the fact
17that a violation has occurred. If a complaint is not filed with
18the Commission within 6 months after notice by the Township
19Inspector General to the Commission and the Attorney General,
20then the Commission may set a meeting of the Commission at
21which the Attorney General shall appear and provide a status
22report to the Commission.
23    (d) Within 30 days after receiving a response from the
24township board under subsection (a) or at any time if the
25Township Inspector General did not deliver the summary report
26to the township board under subsection (a), if the Township

 

 

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1Inspector General does not believe that a complaint should be
2filed, the Township Inspector General shall deliver to the
3Township Ethics Commission a statement setting forth the basis
4for the decision not to file a complaint and a copy of the
5summary report and response from the ultimate jurisdictional
6authority or agency head. The Township Inspector General may
7also submit a redacted version of the summary report and
8response from the ultimate jurisdictional authority if the
9Township Inspector General believes either contains
10information that, in the opinion of the Township Inspector
11General, should be redacted prior to releasing the report, may
12interfere with an ongoing investigation, or identifies an
13informant or complainant.
14    (e) If, after reviewing the documents, the Commission
15believes that further investigation is warranted, the
16Commission may request that the Township Inspector General
17provide additional information or conduct further
18investigation. The Commission may also appoint a Special
19Township Inspector General to investigate or refer the summary
20report and response from the ultimate jurisdictional authority
21to the Attorney General for further investigation or review.
22If the Commission requests the Attorney General to investigate
23or review, the Commission must notify the Attorney General and
24the Township Inspector General. The Attorney General may not
25begin an investigation or review until receipt of notice from
26the Commission. If, after review, the Attorney General

 

 

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1determines that reasonable cause exists to believe that a
2violation has occurred, then the Attorney General may file a
3complaint with the Township Ethics Commission. If the Attorney
4General concludes that there is insufficient evidence that a
5violation has occurred, the Attorney General shall notify the
6Township Ethics Commission and the Township Inspector General.
7    (f) A copy of the complaint filed with the Township Ethics
8Commission must be served on all respondents named in the
9complaint and the township board with whom an officer, local
10official, employee, agent, vendor, or other person is
11associated in the same manner as process is served under the
12Code of Civil Procedure.
13    (g) A respondent may file objections to the complaint
14within 30 days after notice of the petition has been served on
15the respondent.
16    (h) The Commission shall meet, either in person or by
17telephone, at least 30 days after the complaint is served on
18all respondents in a closed session to review the sufficiency
19of the complaint. The Commission shall issue notice by
20certified mail, return receipt requested, to the Township
21Inspector General, Attorney General, and all respondents of
22the Commission's ruling on the sufficiency of the complaint.
23If the complaint is deemed to sufficiently allege a violation
24of this Article, then the Commission shall include a hearing
25date scheduled within 4 weeks after the date of the notice,
26unless all of the parties consent to a later date. If the

 

 

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1complaint is deemed not to sufficiently allege a violation,
2then the Commission shall send by certified mail, return
3receipt requested, a notice to the Township Inspector General,
4Attorney General, and all respondents of the decision to
5dismiss the complaint.
6    (i) On the scheduled date, the Commission shall conduct a
7closed meeting, either in person or, if the parties consent,
8by telephone, on the complaint and allow all parties the
9opportunity to present testimony and evidence. All such
10proceedings shall be transcribed.
11    (j) Within an appropriate time limit set by rules of the
12Township Ethics Commission, the Commission shall (i) dismiss
13the complaint, (ii) issue a recommendation of discipline to
14the respondent and the respondent's ultimate jurisdictional
15authority, (iii) impose an administrative fine upon the
16respondent, (iv) issue injunctive relief, or (v) impose a
17combination of (ii) through (iv).
18    (k) The proceedings on any complaint filed with the
19Commission shall be conducted pursuant to rules promulgated by
20the Commission.
21    (l) The Commission may designate hearing officers to
22conduct proceedings as determined by rule of the Commission.
23    (m) In all proceedings before the Commission, the standard
24of proof is by a preponderance of the evidence.
25    (n) Within 30 days after the issuance of a final
26administrative decision that concludes that a violation

 

 

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1occurred, the Township Ethics Commission shall make public the
2entire record of proceedings before the Commission, the
3decision, any recommendation, any discipline imposed, and the
4response from the agency head or ultimate jurisdictional
5authority to the Township Ethics Commission.
 
6    (60 ILCS 1/103-50 new)
7    Sec. 103-50. Closed investigations. When the Township
8Inspector General concludes that there is insufficient
9evidence that a violation has occurred, the Township Inspector
10General shall close the investigation. The Township Inspector
11General shall provide the Commission with a written statement
12of the Township Inspector General's decision to close the
13investigation. At the request of the subject of the
14investigation, the Township Inspector General shall provide a
15written statement to the subject of the investigation of the
16Inspector General's decision to close the investigation.
17Closure by the Township Inspector General does not bar the
18Township Inspector General from resuming the investigation if
19circumstances warrant. The Commission also has the discretion
20to request that the Township Inspector General conduct further
21investigation of any matter closed pursuant to this Section,
22to appoint a Special Township Inspector General to
23investigate, or to refer the allegations to the Attorney
24General for further investigation or review. If the Commission
25requests the Attorney General to investigate or review, the

 

 

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1Commission must notify the Attorney General and the Township
2Inspector General. The Attorney General may not begin an
3investigation or review until receipt of notice from the
4Commission.
 
5    (60 ILCS 1/103-55 new)
6    Sec. 103-55. Release of summary reports.
7    (a) Within 60 days after receipt of a summary report and
8response from the township board or supervisor of the township
9that resulted in a suspension of at least 3 days or termination
10of employment, the Township Ethics Commission shall make
11available to the public the report and response or a redacted
12version of the report and response. The Township Ethics
13Commission may make available to the public any other summary
14report and response of the ultimate jurisdictional authority
15or a redacted version of the report and response.
16    (b) The Commission shall redact information in the summary
17report that may reveal the identity of witnesses,
18complainants, or informants or if the Commission determines it
19is appropriate to protect the identity of a person before the
20report is made public. The Commission may also redact any
21information it believes should not be made public. Prior to
22publication, the Commission shall permit the respondents, the
23Township Inspector General, and Attorney General to review
24documents to be made public and offer suggestions for
25redaction or provide a response that shall be made public with

 

 

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1the summary report.
2    (c) The Commission may withhold publication of the report
3or response if the Township Inspector General or Attorney
4General certifies that releasing the report to the public will
5interfere with an ongoing investigation.
 
6    (60 ILCS 1/103-60 new)
7    Sec. 103-60. Cooperation in investigations. It is the duty
8of every officer and employee under the jurisdiction of the
9Township Inspector General to cooperate with the Township
10Inspector General and the Attorney General in any
11investigation undertaken pursuant to this Article. Failure to
12cooperate includes, but is not limited to, intentional
13omissions and knowing false statements. Failure to cooperate
14with an investigation of the Township Inspector General or the
15Attorney General is grounds for disciplinary action, including
16dismissal. Nothing in this Section limits or alters a person's
17existing rights or protections under State or federal law.
 
18    (60 ILCS 1/103-65 new)
19    Sec. 103-65. Referrals of investigations. If the Township
20Inspector General determines that any alleged misconduct
21involves any person not subject to the jurisdiction of the
22Township Ethics Commission, the Township Inspector General
23shall refer the reported allegations to the appropriate
24inspector general, appropriate ethics commission, or other

 

 

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1appropriate body. If the Township Inspector General determines
2that any alleged misconduct may give rise to criminal
3penalties, the Township Inspector General may refer the
4allegations regarding that misconduct to the appropriate law
5enforcement authority. If a Township Inspector General
6determines that any alleged misconduct resulted in the loss of
7public funds in an amount of $5,000 or greater, the Township
8Inspector General shall refer the allegations regarding that
9misconduct to the Attorney General and any other appropriate
10law enforcement authority.
 
11    (60 ILCS 1/103-70 new)
12    Sec. 103-70. Quarterly reports by the Attorney General.
13The Attorney General shall submit quarterly reports to the
14Township Ethics Commission, on dates determined by the
15Township Ethics Commission, indicating:
16        (1) the number of complaints received from the
17    Township Inspector General since the date of the last
18    report;
19        (2) the number of complaints for which the Attorney
20    General has determined reasonable cause exists to believe
21    that a violation has occurred since the date of the last
22    report; and
23        (3) the number of complaints still under review by the
24    Attorney General.