Full Text of HB5464 96th General Assembly
HB5464 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5464
Introduced 2/5/2010, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/20-10 |
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5 ILCS 430/20-50 |
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5 ILCS 430/20-95 |
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5 ILCS 430/25-10 |
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5 ILCS 430/25-50 |
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5 ILCS 430/25-95 |
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5 ILCS 430/30-5 |
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5 ILCS 430/Art. 60 heading new |
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5 ILCS 430/60-5 new |
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Amends the State Officials and Employees Ethics Act. With respect to Inspectors General and Ethics Commissions, makes changes concerning: removal; budgets; monitoring of State hiring; disclosure of summary reports; and consolidation of offices.
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A BILL FOR
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HB5464 |
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LRB096 17436 JAM 32792 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 20-10, 20-50, 20-95, 25-10, 25-50, | 6 |
| 25-95, and 30-5 and by adding the heading of Article 60 and | 7 |
| Section 60-5 as follows: | 8 |
| (5 ILCS 430/20-10)
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| Sec. 20-10. Offices of Executive Inspectors General.
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| (a) Five independent Offices of the Executive Inspector | 11 |
| General are
created,
one each for the Governor, the Attorney | 12 |
| General, the Secretary of State, the
Comptroller, and the | 13 |
| Treasurer. Each Office shall be under the direction and
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| supervision
of an Executive Inspector General and shall be a | 15 |
| fully independent office with
separate
appropriations.
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| (b) The Governor, Attorney General, Secretary of State, | 17 |
| Comptroller, and
Treasurer shall each appoint an Executive | 18 |
| Inspector General, without regard to
political affiliation and | 19 |
| solely on the basis of integrity and
demonstrated ability.
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| Appointments shall be made by and with the advice and consent | 21 |
| of the
Senate by three-fifths of the elected members concurring | 22 |
| by record vote.
Any nomination not acted upon by the Senate | 23 |
| within 60 session days of the
receipt thereof shall be deemed |
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| to have received the advice and consent of
the Senate. If, | 2 |
| during a recess of the Senate, there is a vacancy in an office
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| of Executive Inspector General, the appointing authority shall | 4 |
| make a
temporary appointment until the next meeting of the | 5 |
| Senate when the
appointing authority shall make a nomination to | 6 |
| fill that office. No person
rejected for an office of Executive | 7 |
| Inspector General shall, except by the
Senate's request, be | 8 |
| nominated again for that office at the same session of
the | 9 |
| Senate or be appointed to that office during a recess of that | 10 |
| Senate.
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| Nothing in this Article precludes the appointment by the | 12 |
| Governor, Attorney
General,
Secretary of State, Comptroller, | 13 |
| or Treasurer of any other inspector general
required or
| 14 |
| permitted by law. The Governor, Attorney General, Secretary of | 15 |
| State,
Comptroller, and
Treasurer
each may appoint an existing | 16 |
| inspector general as the Executive Inspector
General
required | 17 |
| by this
Article, provided that such an inspector general is not | 18 |
| prohibited by law,
rule,
jurisdiction, qualification, or | 19 |
| interest from serving as the Executive
Inspector General
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| required by
this Article.
An appointing authority may not | 21 |
| appoint a relative as an Executive Inspector
General.
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| Each Executive Inspector General shall have the following | 23 |
| qualifications:
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| (1) has not been convicted of any felony under the laws | 25 |
| of this State,
another State, or the United States;
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| (2) has earned a baccalaureate degree from an |
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| institution of higher
education; and
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| (3) has 5 or more years of cumulative service (A) with | 3 |
| a federal,
State, or
local law enforcement agency, at least | 4 |
| 2 years of which have been in a
progressive investigatory | 5 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
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| as a
senior manager or executive of a federal, State, or | 7 |
| local
agency; (D) as a member, an officer,
or a State
or | 8 |
| federal judge; or (E) representing any combination of (A) | 9 |
| through (D).
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| The term of each initial Executive Inspector General shall
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| commence upon qualification and shall run through June 30, | 12 |
| 2008. The
initial appointments shall be made within 60 days | 13 |
| after the effective
date of this Act.
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| After the initial term, each Executive Inspector General | 15 |
| shall serve
for 5-year terms commencing on July 1 of the year | 16 |
| of appointment
and running through June 30 of the fifth | 17 |
| following year. An
Executive Inspector General may be | 18 |
| reappointed to one or more
subsequent terms.
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| A vacancy occurring other than at the end of a term shall | 20 |
| be filled
by the appointing authority only for the balance of | 21 |
| the term of the Executive
Inspector General whose office is | 22 |
| vacant.
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| Terms shall run regardless of whether the position is | 24 |
| filled.
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| (c) The Executive Inspector General appointed by the | 26 |
| Attorney General shall
have jurisdiction over the Attorney |
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| General and all officers and employees of,
and vendors and | 2 |
| others doing business with,
State agencies within the | 3 |
| jurisdiction of the Attorney General. The Executive
Inspector | 4 |
| General appointed by the Secretary of State shall have | 5 |
| jurisdiction
over the Secretary of State and all officers and | 6 |
| employees of, and vendors and
others doing business with, State | 7 |
| agencies within the
jurisdiction of the Secretary of State. The | 8 |
| Executive Inspector General
appointed by the Comptroller shall | 9 |
| have jurisdiction over the Comptroller and
all officers and | 10 |
| employees of, and vendors and others doing business with,
State | 11 |
| agencies within the jurisdiction of the Comptroller. The
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| Executive Inspector General appointed by the Treasurer shall | 13 |
| have jurisdiction
over the Treasurer and all officers and | 14 |
| employees of, and vendors and others
doing business with, State | 15 |
| agencies within the jurisdiction
of the Treasurer. The | 16 |
| Executive Inspector General appointed by the Governor
shall | 17 |
| have jurisdiction over the Governor, the Lieutenant Governor, | 18 |
| and all
officers and employees of, and vendors and others doing | 19 |
| business with,
executive branch State agencies under the | 20 |
| jurisdiction of the
Executive Ethics Commission and not within | 21 |
| the jurisdiction of the
Attorney
General, the Secretary of | 22 |
| State, the Comptroller, or the Treasurer.
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| The jurisdiction of each Executive Inspector General is to | 24 |
| investigate
allegations of fraud, waste, abuse, mismanagement, | 25 |
| misconduct, nonfeasance,
misfeasance,
malfeasance, or | 26 |
| violations of this Act or violations of other related
laws and |
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| rules.
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| (d) The compensation for each Executive Inspector General | 3 |
| shall be
determined by the Executive Ethics Commission and | 4 |
| shall be made from appropriations made to the Comptroller for | 5 |
| this purpose. | 6 |
| (d-5) Subject to Section 20-45 of this Act, each
Executive | 7 |
| Inspector General has full
authority
to organize his or her | 8 |
| Office of the Executive Inspector General, including the
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| employment and determination of the compensation of staff, such | 10 |
| as deputies,
assistants, and other employees, as | 11 |
| appropriations permit. Each Office of the Executive Inspector | 12 |
| General must include an administrative and investigative unit | 13 |
| dedicated solely to the proactive monitoring and review of the | 14 |
| hiring practices and activities of the State agencies under the | 15 |
| jurisdiction of that Executive Inspector General. Each Office | 16 |
| of the Executive Inspector General shall be given full access | 17 |
| to all hiring information of the State agencies under the | 18 |
| jurisdiction of that Executive Inspector General. A separate
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| appropriation
shall be made for each Office of Executive | 20 |
| Inspector General.
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| (e) No Executive Inspector General or employee of the | 22 |
| Office of
the Executive Inspector General may, during his or | 23 |
| her term of appointment or
employment:
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| (1) become a candidate for any elective office;
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| (2) hold any other elected or appointed public office
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| except for appointments on governmental advisory boards
or |
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| study commissions or as otherwise expressly authorized by | 2 |
| law;
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| (3) be actively involved in the affairs of any | 4 |
| political party or
political organization; or
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| (4) advocate for the appointment of another person to | 6 |
| an appointed or elected office or position or actively | 7 |
| participate in any campaign for any
elective office.
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| In this subsection an appointed public office means a | 9 |
| position authorized by
law that is filled by an appointing | 10 |
| authority as provided by law and does not
include employment by | 11 |
| hiring in the ordinary course of business.
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| (e-1) No Executive Inspector General or employee of the | 13 |
| Office of the
Executive Inspector General may, for one year | 14 |
| after the termination of his or
her appointment or employment:
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| (1) become a candidate for any elective office;
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| (2) hold any elected public office; or
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| (3) hold any appointed State, county, or local judicial | 18 |
| office.
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| (e-2) The requirements of item (3) of subsection (e-1) may | 20 |
| be waived by the
Executive Ethics Commission.
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| (f) An Executive Inspector General may be removed only for | 22 |
| cause and may
be removed only after by the appointing | 23 |
| constitutional officer certifies to the Senate the reasons for | 24 |
| removal, the Senate conducts a public evidentiary hearing on | 25 |
| the reasons, and a majority of the Senate subsequently votes to | 26 |
| remove the Executive Inspector General. After . At the time of |
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| the
removal,
the appointing constitutional officer must report | 2 |
| to the Executive Ethics
Commission the
justification for the
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| removal.
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| (Source: P.A. 96-555, eff. 8-18-09.) | 5 |
| (5 ILCS 430/20-50)
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| Sec. 20-50. Investigation reports.
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| (a) If an Executive Inspector General, upon the conclusion | 8 |
| of an
investigation, determines that reasonable cause exists to | 9 |
| believe that a
violation
has occurred, then
the Executive | 10 |
| Inspector General shall issue a summary report of the
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| investigation. The report shall be delivered to the
appropriate | 12 |
| ultimate jurisdictional
authority and to the head of each State
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| agency
affected by or involved in the investigation, if | 14 |
| appropriate. The appropriate ultimate jurisdictional authority | 15 |
| or agency head shall respond to the summary report within 20 | 16 |
| days, in writing, to the Executive Inspector General. The | 17 |
| response shall include a description of any corrective or | 18 |
| disciplinary action to be imposed.
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| (b) The summary report of the investigation shall include | 20 |
| the following:
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| (1) A description of any allegations or other | 22 |
| information
received by the Executive Inspector General | 23 |
| pertinent to the
investigation.
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| (2) A description of any alleged misconduct discovered | 25 |
| in the
course of the investigation.
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| (3) Recommendations for any corrective or disciplinary
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| action to be taken in response to any alleged misconduct | 3 |
| described in the
report, including but not limited to | 4 |
| discharge.
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| (4) Other information the Executive Inspector General
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| deems relevant to the investigation or resulting | 7 |
| recommendations.
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| (b-5) Within 60 days after delivery of a summary report, | 9 |
| the Executive Ethics Commission shall make the report public | 10 |
| unless within that 60-day period the Executive Inspector | 11 |
| General certifies to the Executive Ethics Commission that | 12 |
| publication of the summary report will interfere with an | 13 |
| ongoing investigation. When the Inspector General so | 14 |
| certifies, the Executive Ethics Commission shall publish the | 15 |
| report (i) within 6 months after the date of that | 16 |
| certification, if the ongoing investigation does not involve a | 17 |
| criminal matter, or (ii) within 2 years after the date of that | 18 |
| certification, if the ongoing investigation involves a | 19 |
| criminal matter. If the ongoing investigation involves a | 20 |
| criminal matter, the Executive Inspector General, every 6 | 21 |
| months until publication of the report, must certify to the | 22 |
| Executive Ethics Commission that publication will interfere | 23 |
| with the ongoing investigation. | 24 |
| The name of a State employee for whom discipline is | 25 |
| recommended in a summary report required to be published under | 26 |
| this subsection shall not be redacted from the report under |
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| this Act or the Freedom of Information Act if the employee is | 2 |
| required to file a statement of economic interests under the | 3 |
| Illinois Governmental Ethics Act or the employee is alleged to | 4 |
| have violated Section 5-15, Section 5-45, or Article 10 of this | 5 |
| Act. Regarding summary reports required to be published under
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| this subsection that recommend discipline for any other State
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| employee, the Executive Ethics Commission shall determine
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| whether it is in the public interest to publish or redact the
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| name of the State employee. | 10 |
| Notwithstanding the foregoing, the Inspector General may
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| redact information in summary reports that would reveal the
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| identity of witnesses, complainants, or informants before
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| publication if the Inspector General determines that it is | 14 |
| appropriate to protect their identity. | 15 |
| When the summary report is made public, the disciplinary
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| decision and justification from the State agency should also be
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| made public, along with any response from the employee if the
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| employee wishes. | 19 |
| (c) Within 30 days after receiving a response from the | 20 |
| appropriate ultimate jurisdictional authority or agency head | 21 |
| under subsection (a),
the Executive Inspector General shall | 22 |
| notify the Commission and the Attorney General if the Executive | 23 |
| Inspector General believes that a complaint should be filed | 24 |
| with the Commission. If the Executive Inspector General desires | 25 |
| to file a
complaint with the Commission, the Executive | 26 |
| Inspector General shall submit the summary report and |
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| supporting documents to the
Attorney General. If the Attorney | 2 |
| General concludes that there is insufficient evidence that a | 3 |
| violation has occurred, the Attorney General shall notify the | 4 |
| Executive Inspector General and the Executive Inspector | 5 |
| General shall deliver to the Executive Ethics Commission a copy | 6 |
| of the summary report and response from the ultimate | 7 |
| jurisdictional authority or agency head.
If the Attorney | 8 |
| General determines
that reasonable cause exists to believe that | 9 |
| a violation has occurred, then the
Executive Inspector
General, | 10 |
| represented by the Attorney
General, may file with the | 11 |
| Executive Ethics Commission a complaint.
The complaint shall | 12 |
| set
forth the alleged violation and the
grounds that exist to | 13 |
| support the complaint. The complaint must be filed with the | 14 |
| Commission within 18 months
after the most recent act of the
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| alleged violation or of a series of alleged violations
except | 16 |
| where there is reasonable cause to believe
that fraudulent | 17 |
| concealment has occurred. To constitute fraudulent concealment
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| sufficient to toll this limitations period, there must be an | 19 |
| affirmative act or
representation calculated to prevent | 20 |
| discovery of the fact that a violation has
occurred.
If a | 21 |
| complaint is not filed with the Commission
within 6 months | 22 |
| after notice by the Inspector General to the Commission and the
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| Attorney General, then the Commission may set a meeting of the | 24 |
| Commission at
which the Attorney General shall appear and | 25 |
| provide a status
report to the Commission.
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| (c-5) Within 30 days after receiving a response from the |
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| appropriate ultimate jurisdictional authority or agency head | 2 |
| under subsection (a), if the Executive Inspector General does | 3 |
| not believe that a complaint should be filed, the Executive | 4 |
| Inspector General shall deliver to the Executive Ethics | 5 |
| Commission a statement setting forth the basis for the decision | 6 |
| not to file a complaint and a copy of the summary report and | 7 |
| response from the ultimate jurisdictional authority or agency | 8 |
| head. An Inspector General may also submit a redacted version | 9 |
| of the summary report and response from the ultimate | 10 |
| jurisdictional authority if the Inspector General believes | 11 |
| either contains information that, in the opinion of the | 12 |
| Inspector General, should be redacted prior to releasing the | 13 |
| report, may interfere with an ongoing investigation, or | 14 |
| identifies an informant or complainant. | 15 |
| (c-10) If, after reviewing the documents, the Commission | 16 |
| believes that further investigation is warranted, the | 17 |
| Commission may request that the Executive Inspector General | 18 |
| provide additional information or conduct further | 19 |
| investigation. The Commission may also appoint a Special | 20 |
| Executive Inspector General to investigate or refer the summary | 21 |
| report and response from the ultimate jurisdictional authority | 22 |
| to the Attorney General for further investigation or review. If | 23 |
| the Commission requests the Attorney General to investigate or | 24 |
| review, the Commission must notify the Attorney General and the | 25 |
| Inspector General. The Attorney General may not begin an | 26 |
| investigation or review until receipt of notice from the |
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| Commission.
If, after review, the Attorney General determines | 2 |
| that reasonable cause exists to believe that a violation has | 3 |
| occurred, then the Attorney General may file a complaint with | 4 |
| the Executive Ethics Commission. If the Attorney General | 5 |
| concludes that there is insufficient evidence that a violation | 6 |
| has occurred, the Attorney General shall notify the Executive | 7 |
| Ethics Commission and the appropriate Executive Inspector | 8 |
| General. | 9 |
| (d) A copy of the complaint filed with the Executive Ethics | 10 |
| Commission must be served on all respondents named in the
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| complaint and on each respondent's ultimate jurisdictional | 12 |
| authority in
the same manner as process is served under the | 13 |
| Code of Civil
Procedure.
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| (e) A respondent may file objections to the complaint | 15 |
| within 30 days after notice of the petition has been
served on | 16 |
| the respondent.
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| (f) The Commission shall meet, either in person or by | 18 |
| telephone, at least 30 days after the complaint is served on | 19 |
| all respondents
in a closed session to review the sufficiency | 20 |
| of the complaint.
The Commission shall
issue notice by | 21 |
| certified mail, return receipt requested, to the Executive | 22 |
| Inspector General, Attorney General, and all respondents of
the | 23 |
| Commission's ruling on the sufficiency of the complaint. If the | 24 |
| complaint
is deemed to
sufficiently allege a violation of this | 25 |
| Act, then the Commission shall
include a hearing date scheduled | 26 |
| within 4 weeks after the date of the notice,
unless all of the |
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| parties consent to a later date.
If the complaint is deemed not | 2 |
| to sufficiently allege a
violation, then
the Commission shall | 3 |
| send by certified mail, return receipt requested,
a notice to | 4 |
| the Executive Inspector General, Attorney General, and all | 5 |
| respondents of the decision to dismiss the complaint.
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| (g) On the scheduled date
the Commission shall conduct a | 7 |
| closed meeting,
either in person or, if the parties consent, by | 8 |
| telephone, on the complaint and
allow all
parties the | 9 |
| opportunity to present testimony and evidence.
All such | 10 |
| proceedings shall be transcribed.
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| (h) Within an appropriate time limit set by rules of the | 12 |
| Executive
Ethics Commission, the Commission shall (i) dismiss | 13 |
| the
complaint, (ii) issue a recommendation of discipline to the
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| respondent and the respondent's ultimate jurisdictional | 15 |
| authority, (iii)
impose an administrative fine upon the | 16 |
| respondent, (iv) issue injunctive relief as described in | 17 |
| Section 50-10, or (v) impose a combination of (ii) through | 18 |
| (iv).
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| (i) The proceedings on any complaint filed with the | 20 |
| Commission
shall be conducted pursuant to rules promulgated by | 21 |
| the Commission.
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| (j) The Commission may designate hearing officers
to | 23 |
| conduct proceedings as determined by rule of the Commission.
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| (k) In all proceedings before the Commission, the standard | 25 |
| of
proof is by a preponderance of the evidence.
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| (l) Within 30 days after the issuance of a final |
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| administrative decision that concludes that a violation | 2 |
| occurred, the Executive Ethics Commission shall make public the | 3 |
| entire record of proceedings before the Commission, the | 4 |
| decision, any recommendation, any discipline imposed, and the | 5 |
| response from the agency head or ultimate jurisdictional | 6 |
| authority to the Executive Ethics Commission.
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| (Source: P.A. 96-555, eff. 8-18-09.) | 8 |
| (5 ILCS 430/20-95)
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| Sec. 20-95. Exemptions.
| 10 |
| (a) Documents generated by an ethics
officer under this | 11 |
| Act, except Section 5-50, are exempt from the provisions of
the | 12 |
| Freedom
of Information Act.
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| (b) Summary reports published pursuant to subsection (b-5) | 14 |
| of Section 20-50 are public records. Other Any allegations
and | 15 |
| related documents
submitted to an Executive Inspector General | 16 |
| and any pleadings and
related documents brought before the | 17 |
| Executive Ethics
Commission are exempt from the provisions of | 18 |
| the Freedom of
Information Act so long as the Executive Ethics | 19 |
| Commission
does not make a finding of a violation of this Act.
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| If the Executive
Ethics Commission finds that a violation has | 21 |
| occurred, the
entire record of proceedings before the | 22 |
| Commission, the decision and
recommendation, and the response | 23 |
| from the agency head or
ultimate jurisdictional authority to | 24 |
| the Executive Ethics
Commission are not exempt from the | 25 |
| provisions of the Freedom of
Information Act but information |
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| contained therein that is otherwise exempt from
the
Freedom of | 2 |
| Information Act must be redacted before disclosure as provided | 3 |
| in
the Freedom of Information Act. A summary report released by | 4 |
| the Executive Ethics Commission under Section 20-52 is a public | 5 |
| record, but information redacted by the Executive Ethics | 6 |
| Commission shall not be part of the public record.
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| (c) Meetings of the Commission are exempt from the | 8 |
| provisions of the Open
Meetings Act.
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| (d) Unless otherwise provided in this Act, all | 10 |
| investigatory files and
reports of the Office of an Executive | 11 |
| Inspector General, other than monthly
reports required under | 12 |
| Section 20-85, are confidential, are exempt from disclosure
| 13 |
| under the Freedom of Information Act, and shall not be divulged | 14 |
| to
any person or agency, except as necessary (i) to a law
| 15 |
| enforcement
authority, (ii) to the ultimate
jurisdictional | 16 |
| authority, (iii) to the
Executive Ethics Commission; or (iv) to | 17 |
| another Inspector General appointed
pursuant to this Act.
| 18 |
| (Source: P.A. 96-555, eff. 8-18-09.) | 19 |
| (5 ILCS 430/25-10)
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| Sec. 25-10. Office of Legislative Inspector General.
| 21 |
| (a) The independent Office of the Legislative Inspector | 22 |
| General is created.
The Office shall be under the direction and | 23 |
| supervision of the
Legislative Inspector General and shall be a | 24 |
| fully independent office with its
own appropriation.
| 25 |
| (b) The Legislative Inspector General shall be appointed |
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| without regard to
political
affiliation and solely on the basis | 2 |
| of integrity and
demonstrated ability.
The Legislative Ethics
| 3 |
| Commission shall diligently search out qualified candidates | 4 |
| for Legislative
Inspector General
and shall make | 5 |
| recommendations to the General Assembly.
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| The Legislative Inspector General shall be appointed by a | 7 |
| joint resolution of
the
Senate and the House of | 8 |
| Representatives, which may specify the date on
which the | 9 |
| appointment takes effect.
A joint resolution, or other document | 10 |
| as may be specified by the
Joint Rules of the General Assembly, | 11 |
| appointing the Legislative Inspector
General must be certified | 12 |
| by
the Speaker
of the House of Representatives and the | 13 |
| President of the Senate as having been
adopted by the
| 14 |
| affirmative vote of three-fifths of the members elected to each | 15 |
| house,
respectively,
and be filed with the Secretary of State.
| 16 |
| The appointment of the Legislative Inspector General takes | 17 |
| effect on the day
the
appointment is completed by the General | 18 |
| Assembly, unless the appointment
specifies a later date on | 19 |
| which it is to become effective.
| 20 |
| The Legislative Inspector General shall have the following | 21 |
| qualifications:
| 22 |
| (1) has not been convicted of any felony under the laws | 23 |
| of this State,
another state, or the United States;
| 24 |
| (2) has earned a baccalaureate degree from an | 25 |
| institution of higher
education; and
| 26 |
| (3) has 5 or more years of cumulative service (A) with |
|
|
|
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| 1 |
| a federal,
State, or
local law enforcement agency, at least | 2 |
| 2 years of which have been in a
progressive investigatory | 3 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 4 |
| as a
senior manager or executive of a federal, State, or | 5 |
| local
agency; (D) as a member, an officer,
or a State
or | 6 |
| federal judge; or (E) representing any combination of (A) | 7 |
| through (D).
| 8 |
| The Legislative Inspector General may not be a relative of | 9 |
| a commissioner.
| 10 |
| The term of the initial Legislative Inspector General shall
| 11 |
| commence upon qualification and shall run through June 30, | 12 |
| 2008.
| 13 |
| After the initial term, the Legislative Inspector General | 14 |
| shall serve
for 5-year terms commencing on July 1 of the year | 15 |
| of appointment
and running through June 30 of the fifth | 16 |
| following year. The
Legislative Inspector General may be | 17 |
| reappointed to one or more
subsequent terms.
| 18 |
| A vacancy occurring other than at the end of a term shall | 19 |
| be filled in the
same manner as an appointment only for the | 20 |
| balance of the term of the
Legislative
Inspector General whose | 21 |
| office is vacant.
| 22 |
| Terms shall run regardless of whether the position is | 23 |
| filled.
| 24 |
| (c) The Legislative Inspector General
shall have | 25 |
| jurisdiction over the members of the General Assembly and
all | 26 |
| State employees whose ultimate jurisdictional authority is
(i) |
|
|
|
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| 1 |
| a legislative leader, (ii) the Senate Operations Commission, or | 2 |
| (iii) the
Joint Committee on Legislative Support Services.
| 3 |
| The jurisdiction of each Legislative Inspector General is | 4 |
| to investigate
allegations of fraud, waste, abuse, | 5 |
| mismanagement, misconduct, nonfeasance,
misfeasance,
| 6 |
| malfeasance, or violations of this Act or violations of other | 7 |
| related
laws and rules.
| 8 |
| (d) The compensation of the Legislative Inspector General | 9 |
| shall
be the greater of an amount (i) determined by the | 10 |
| Commission or (ii) by joint
resolution of the General Assembly | 11 |
| passed by a majority of members elected in
each chamber. | 12 |
| (d-5)
Subject to Section 25-45 of this Act, the Legislative | 13 |
| Inspector General has
full
authority to organize the Office of | 14 |
| the Legislative Inspector General,
including the employment | 15 |
| and determination of the compensation of
staff, such as | 16 |
| deputies, assistants, and other employees, as
appropriations | 17 |
| permit. Employment of staff is subject to the approval of at | 18 |
| least 3 of the 4 legislative leaders.
| 19 |
| The Office of the Legislative Inspector General must | 20 |
| include an administrative and investigative unit dedicated | 21 |
| solely to the proactive monitoring and review of the hiring | 22 |
| practices and activities of the State agencies under the | 23 |
| jurisdiction of the Legislative Inspector General. The Office | 24 |
| of the Legislative Inspector General shall be given full access | 25 |
| to all hiring information of the State agencies under his or | 26 |
| her jurisdiction. |
|
|
|
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|
| 1 |
| (e) No Legislative Inspector General or employee of the | 2 |
| Office of
the Legislative Inspector General may, during his or | 3 |
| her term of appointment or
employment:
| 4 |
| (1) become a candidate for any elective office;
| 5 |
| (2) hold any other elected or appointed public office
| 6 |
| except for appointments on governmental advisory boards
or | 7 |
| study commissions or as otherwise expressly authorized by | 8 |
| law;
| 9 |
| (3) be actively involved in the affairs of any | 10 |
| political party or
political organization; or
| 11 |
| (4) actively participate in any campaign for any
| 12 |
| elective office.
| 13 |
| In this subsection an appointed public office means a | 14 |
| position authorized by
law that is filled by an appointing | 15 |
| authority as provided by law and does not
include employment by | 16 |
| hiring in the ordinary course of business.
| 17 |
| (e-1) No Legislative Inspector General or employee of the | 18 |
| Office of the
Legislative Inspector General may, for one year | 19 |
| after the termination of his or
her appointment or employment:
| 20 |
| (1) become a candidate for any elective office;
| 21 |
| (2) hold any elected public office; or
| 22 |
| (3) hold any appointed State, county, or local judicial | 23 |
| office.
| 24 |
| (e-2) The requirements of item (3) of subsection (e-1) may | 25 |
| be waived by the
Legislative Ethics Commission.
| 26 |
| (f) The Commission may remove the Legislative Inspector |
|
|
|
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|
| 1 |
| General only for
cause. At the time of the removal, the | 2 |
| Commission must report to the General
Assembly the | 3 |
| justification for the removal.
| 4 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) | 5 |
| (5 ILCS 430/25-50)
| 6 |
| Sec. 25-50. Investigation reports.
| 7 |
| (a) If the Legislative Inspector General, upon the | 8 |
| conclusion of an
investigation, determines that reasonable | 9 |
| cause exists to believe that a
violation
has occurred, then
the | 10 |
| Legislative Inspector General shall issue a summary report of | 11 |
| the
investigation. The report shall be delivered to the
| 12 |
| appropriate ultimate jurisdictional
authority and to the head | 13 |
| of each State
agency
affected by or involved in the | 14 |
| investigation, if appropriate. The appropriate ultimate | 15 |
| jurisdictional authority or agency head shall respond to the | 16 |
| summary report within 20 days, in writing, to the Legislative | 17 |
| Inspector General. The response shall include a description of | 18 |
| any corrective or disciplinary action to be imposed.
| 19 |
| (b) The summary report of the investigation shall include | 20 |
| the following:
| 21 |
| (1) A description of any allegations or other | 22 |
| information
received by the Legislative Inspector General | 23 |
| pertinent to the
investigation.
| 24 |
| (2) A description of any alleged misconduct discovered | 25 |
| in the
course of the investigation.
|
|
|
|
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LRB096 17436 JAM 32792 b |
|
| 1 |
| (3) Recommendations for any corrective or disciplinary
| 2 |
| action to be taken in response to any alleged misconduct | 3 |
| described in the
report, including but not limited to | 4 |
| discharge.
| 5 |
| (4) Other information the Legislative Inspector | 6 |
| General
deems relevant to the investigation or resulting | 7 |
| recommendations.
| 8 |
| (b-5) Within 60 days after delivery of a summary report, | 9 |
| the Legislative Ethics Commission shall make the report public | 10 |
| unless within that 60-day period the Legislative Inspector | 11 |
| General certifies to the Legislative Ethics Commission that | 12 |
| publication of the summary report will interfere with an | 13 |
| ongoing investigation. When the Inspector General so | 14 |
| certifies, the Legislative Ethics Commission shall publish the | 15 |
| report (i) within 6 months after the date of that | 16 |
| certification, if the ongoing investigation does not involve a | 17 |
| criminal matter, or (ii) within 2 years after the date of that | 18 |
| certification, if the ongoing investigation involves a | 19 |
| criminal matter. If the ongoing investigation involves a | 20 |
| criminal matter, the Legislative Inspector General, every 6 | 21 |
| months until publication of the report, must certify to the | 22 |
| Legislative Ethics Commission that publication will interfere | 23 |
| with the ongoing investigation. | 24 |
| The name of a State employee for whom discipline is | 25 |
| recommended in a summary report required to be published under | 26 |
| this subsection shall not be redacted from the report under |
|
|
|
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| 1 |
| this Act or the Freedom of Information Act if the employee is | 2 |
| required to file a statement of economic interests under the | 3 |
| Illinois Governmental Ethics Act or the employee is alleged to | 4 |
| have violated Section 5-15, Section 5-45, or Article 10 of this | 5 |
| Act. Regarding summary reports required to be published under
| 6 |
| this subsection that recommend discipline for any other State
| 7 |
| employee, the Legislative Ethics Commission shall determine
| 8 |
| whether it is in the public interest to publish or redact the | 9 |
| name of the State employee. | 10 |
| Notwithstanding the foregoing, the Inspector General may
| 11 |
| redact information in summary reports that would reveal the
| 12 |
| identity of witnesses, complainants, or informants before
| 13 |
| publication if the Inspector General determines that it is
| 14 |
| appropriate to protect their identity. | 15 |
| When the summary report is made public, the disciplinary
| 16 |
| decision and justification from the State agency should also be
| 17 |
| made public, along with any response from the employee if the
| 18 |
| employee wishes. | 19 |
| (c) Within 30 days after receiving a response from the | 20 |
| appropriate ultimate jurisdictional authority or agency head | 21 |
| under subsection (a), the Legislative Inspector General shall | 22 |
| notify the Commission and the Attorney General if the | 23 |
| Legislative Inspector General believes that a complaint should | 24 |
| be filed with the Commission. If
the Legislative Inspector | 25 |
| General desires to file a
complaint with the Commission, the | 26 |
| Legislative Inspector General shall submit the summary report |
|
|
|
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LRB096 17436 JAM 32792 b |
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| 1 |
| and supporting documents to
the
Attorney General. If the | 2 |
| Attorney General concludes that there is insufficient evidence | 3 |
| that a violation has occurred, the Attorney General shall | 4 |
| notify the Legislative Inspector General and the Legislative | 5 |
| Inspector General shall deliver to the Legislative Ethics | 6 |
| Commission a copy of the summary report and response from the | 7 |
| ultimate jurisdictional authority or agency head.
If the | 8 |
| Attorney General determines
that reasonable cause exists to | 9 |
| believe that a violation has occurred, then the
Legislative | 10 |
| Inspector
General, represented by the Attorney
General, may | 11 |
| file with the Legislative Ethics Commission a complaint.
The | 12 |
| complaint shall set
forth the alleged violation and the
grounds | 13 |
| that exist to support the complaint. The complaint must be | 14 |
| filed with the Commission within 18 months
after the most | 15 |
| recent act of the alleged violation or of a series of alleged
| 16 |
| violations
except where there is reasonable cause to believe
| 17 |
| that fraudulent concealment has occurred. To constitute | 18 |
| fraudulent concealment
sufficient to toll this limitations | 19 |
| period, there must be an affirmative act or
representation | 20 |
| calculated to prevent discovery of the fact that a violation | 21 |
| has
occurred.
If a complaint is not filed with the Commission
| 22 |
| within 6 months after notice by the Inspector General to the | 23 |
| Commission and the
Attorney General, then the Commission may | 24 |
| set a meeting of the Commission at
which the Attorney General | 25 |
| shall appear and provide a status
report to the Commission.
| 26 |
| (c-5) Within 30 days after receiving a response from the |
|
|
|
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LRB096 17436 JAM 32792 b |
|
| 1 |
| appropriate ultimate jurisdictional authority or agency head | 2 |
| under subsection (a), if the Legislative Inspector General does | 3 |
| not believe that a complaint should be filed, the Legislative | 4 |
| Inspector General shall deliver to the Legislative Ethics | 5 |
| Commission a statement setting forth the basis for the decision | 6 |
| not to file a complaint and a copy of the summary report and | 7 |
| response from the ultimate jurisdictional authority or agency | 8 |
| head. The Inspector General may also submit a redacted version | 9 |
| of the summary report and response from the ultimate | 10 |
| jurisdictional authority if the Inspector General believes | 11 |
| either contains information that, in the opinion of the | 12 |
| Inspector General, should be redacted prior to releasing the | 13 |
| report, may interfere with an ongoing investigation, or | 14 |
| identifies an informant or complainant. | 15 |
| (c-10) If, after reviewing the documents, the Commission | 16 |
| believes that further investigation is warranted, the | 17 |
| Commission may request that the Legislative Inspector General | 18 |
| provide additional information or conduct further | 19 |
| investigation. The Commission may also refer the summary report | 20 |
| and response from the ultimate jurisdictional authority to the | 21 |
| Attorney General for further investigation or review. If the | 22 |
| Commission requests the Attorney General to investigate or | 23 |
| review, the Commission must notify the Attorney General and the | 24 |
| Legislative Inspector General. The Attorney General may not | 25 |
| begin an investigation or review until receipt of notice from | 26 |
| the Commission. If, after review, the Attorney General |
|
|
|
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LRB096 17436 JAM 32792 b |
|
| 1 |
| determines that reasonable cause exists to believe that a | 2 |
| violation has occurred, then the Attorney General may file a | 3 |
| complaint with the Legislative Ethics Commission. If the | 4 |
| Attorney General concludes that there is insufficient evidence | 5 |
| that a violation has occurred, the Attorney General shall | 6 |
| notify the Legislative Ethics Commission and the appropriate | 7 |
| Legislative Inspector General. | 8 |
| (d) A copy of the complaint filed with the Legislative | 9 |
| Ethics Commission must be served on all respondents named in | 10 |
| the
complaint and on each respondent's ultimate jurisdictional | 11 |
| authority in
the same manner as process is served under the | 12 |
| Code of Civil
Procedure.
| 13 |
| (e) A respondent may file objections to the complaint | 14 |
| within 30 days after notice of the petition has been
served on | 15 |
| the respondent.
| 16 |
| (f) The Commission shall meet, at least 30 days after the | 17 |
| complaint is served on all respondents either in person or by | 18 |
| telephone,
in a closed session to review the sufficiency of the | 19 |
| complaint.
The Commission shall
issue notice by certified mail, | 20 |
| return receipt requested, to the Legislative Inspector | 21 |
| General, the Attorney General, and all respondents of
the | 22 |
| Commission's ruling on the sufficiency of the complaint. If the | 23 |
| complaint
is deemed to
sufficiently allege a violation of this | 24 |
| Act, then the Commission shall
include a hearing date scheduled | 25 |
| within 4 weeks after the date of the notice,
unless all of the | 26 |
| parties consent to a later date.
If the complaint is deemed not |
|
|
|
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LRB096 17436 JAM 32792 b |
|
| 1 |
| to sufficiently allege a
violation, then
the Commission shall | 2 |
| send by certified mail, return receipt requested,
a notice to | 3 |
| the Legislative Inspector General, the Attorney General, and | 4 |
| all respondents the decision to dismiss the complaint.
| 5 |
| (g) On the scheduled date
the Commission shall conduct a | 6 |
| closed meeting,
either in person or, if the parties consent, by | 7 |
| telephone, on the complaint and
allow all
parties the | 8 |
| opportunity to present testimony and evidence.
All such | 9 |
| proceedings shall be transcribed.
| 10 |
| (h) Within an appropriate time limit set by rules of the | 11 |
| Legislative
Ethics Commission, the Commission shall (i) | 12 |
| dismiss the
complaint, (ii) issue a recommendation of | 13 |
| discipline to the
respondent and the respondent's ultimate | 14 |
| jurisdictional authority, (iii)
impose an administrative fine | 15 |
| upon the respondent, (iv) issue injunctive relief as described | 16 |
| in Section 50-10, or (v) impose a combination of (ii) through | 17 |
| (iv).
| 18 |
| (i) The proceedings on any complaint filed with the | 19 |
| Commission
shall be conducted pursuant to rules promulgated by | 20 |
| the Commission.
| 21 |
| (j) The Commission may designate hearing officers
to | 22 |
| conduct proceedings as determined by rule of the Commission.
| 23 |
| (k) In all proceedings before the Commission, the standard | 24 |
| of
proof is by a preponderance of the evidence.
| 25 |
| (l) Within 30 days after the issuance of a final | 26 |
| administrative decision that concludes that a violation |
|
|
|
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LRB096 17436 JAM 32792 b |
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| 1 |
| occurred, the Legislative Ethics Commission shall make public | 2 |
| the entire record of proceedings before the Commission, the | 3 |
| decision, any recommendation, any discipline imposed, and the | 4 |
| response from the agency head or ultimate jurisdictional | 5 |
| authority to the Legislative Ethics Commission.
| 6 |
| (Source: P.A. 96-555, eff. 8-18-09.) | 7 |
| (5 ILCS 430/25-95)
| 8 |
| Sec. 25-95. Exemptions.
| 9 |
| (a) Documents generated by an ethics
officer under this | 10 |
| Act, except Section 5-50, are exempt from the provisions of
the | 11 |
| Freedom
of Information Act.
| 12 |
| (a-5) Requests from ethics officers, members, and State | 13 |
| employees to the Office of the Legislative Inspector General, a | 14 |
| Special Legislative Inspector General, the Legislative Ethics | 15 |
| Commission, an ethics officer, or a person designated by a | 16 |
| legislative leader for guidance on matters involving the | 17 |
| interpretation or application of this Act or rules promulgated | 18 |
| under this Act are exempt from the provisions of the Freedom of | 19 |
| Information Act. Guidance provided to an ethics officer, | 20 |
| member, or State employee at the request of an ethics officer, | 21 |
| member, or State employee by the Office of the Legislative | 22 |
| Inspector General, a Special Legislative Inspector General, | 23 |
| the Legislative Ethics Commission, an ethics officer, or a | 24 |
| person designated by a legislative leader on matters involving | 25 |
| the interpretation or application of this Act or rules |
|
|
|
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LRB096 17436 JAM 32792 b |
|
| 1 |
| promulgated under this Act is exempt from the provisions of the | 2 |
| Freedom of Information Act.
| 3 |
| (b) Summary reports published pursuant to subsection (b-5) | 4 |
| of Section 25-50 are public records. Summary investigation | 5 |
| reports released by the Legislative Ethics Commission as | 6 |
| provided in Section 25-52 are public records. Otherwise, any | 7 |
| allegations
and related documents
submitted to the Legislative | 8 |
| Inspector General and any pleadings and
related documents | 9 |
| brought before the Legislative Ethics
Commission are exempt | 10 |
| from the provisions of the Freedom of
Information Act so long | 11 |
| as the Legislative Ethics Commission
does not make a finding of | 12 |
| a violation of this Act.
If the Legislative
Ethics Commission | 13 |
| finds that a violation has occurred, the
entire record of | 14 |
| proceedings before the Commission, the decision and
| 15 |
| recommendation, and the mandatory report from the agency head | 16 |
| or
ultimate jurisdictional authority to the Legislative Ethics
| 17 |
| Commission are not exempt from the provisions of the Freedom of
| 18 |
| Information Act but information contained therein that is | 19 |
| exempt from the
Freedom of Information Act must be redacted | 20 |
| before disclosure as provided in
Section 8 of the Freedom of | 21 |
| Information Act.
| 22 |
| (c) Meetings of the Commission are exempt from the | 23 |
| provisions of the Open
Meetings Act.
| 24 |
| (d) Unless otherwise provided in this Act, all | 25 |
| investigatory files and
reports of the Office of the | 26 |
| Legislative Inspector General, other than
monthly
reports, are |
|
|
|
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| 1 |
| confidential, are exempt from disclosure
under the Freedom of | 2 |
| Information Act, and shall not be divulged to
any person or | 3 |
| agency, except as necessary (i) to the appropriate law
| 4 |
| enforcement
authority if the matter is referred pursuant to | 5 |
| this Act, (ii) to the ultimate
jurisdictional authority, or | 6 |
| (iii) to the
Legislative Ethics Commission.
| 7 |
| (Source: P.A. 96-555, eff. 8-18-09.) | 8 |
| (5 ILCS 430/30-5)
| 9 |
| Sec. 30-5. Appointment of Inspector General.
| 10 |
| (a) The Auditor General shall
appoint an Inspector General | 11 |
| (i) to investigate allegations of violations of
Articles 5 and
| 12 |
| 10 by State officers and employees under his or her | 13 |
| jurisdiction , (ii) to proactively monitor and review the hiring | 14 |
| practices and activities of the Office of the Auditor General, | 15 |
| and (iii) and
(ii) to perform
other
duties and exercise other | 16 |
| powers assigned to the Inspectors General by this or
any other
| 17 |
| Act. The Inspector General shall be appointed within 6 months | 18 |
| after the
effective date
of this Act.
| 19 |
| (b) The Auditor General
shall
provide by rule for the | 20 |
| operation of his or her Inspector General.
It is declared to be | 21 |
| in the public interest, safety, and welfare that the
Auditor | 22 |
| General adopt emergency rules under the Illinois | 23 |
| Administrative
Procedure Act to initially perform his or her | 24 |
| duties under this subsection.
| 25 |
| (c) The Auditor General
may appoint an existing inspector |
|
|
|
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| 1 |
| general as the Inspector General
required by this
Article, | 2 |
| provided that such an inspector general is not prohibited by | 3 |
| law,
rule,
jurisdiction, qualification, or interest from | 4 |
| serving as the Inspector General
required by
this Article.
| 5 |
| The Auditor General may not appoint a relative as the | 6 |
| Inspector General
required by this Article.
| 7 |
| (d) The Inspector General appointed by the Auditor General | 8 |
| may be removed by the Auditor General only for cause after the | 9 |
| Auditor General certifies to the Senate the reasons for | 10 |
| removal, the Senate conducts a public evidentiary hearing on | 11 |
| the reasons, and the Senate subsequently votes to remove the | 12 |
| Inspector General. | 13 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 14 |
| (5 ILCS 430/Art. 60 heading new) | 15 |
| ARTICLE 60. OTHER PROVISIONS | 16 |
| (5 ILCS 430/60-5 new) | 17 |
| Sec. 60-5. Consolidation study. By December 31, 2011, the | 18 |
| Executive Inspectors General, the Legislative Inspector | 19 |
| General, and the Auditor General's Inspector General jointly | 20 |
| shall study and report to the General Assembly upon the | 21 |
| feasibility and advisability of the consolidation of their | 22 |
| offices into one Office of the Ethics Inspector General.
|
|