Full Text of SB1013 96th General Assembly
SB1013sam006 96TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 5/21/2009
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| AMENDMENT TO SENATE BILL 1013
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| AMENDMENT NO. ______. Amend Senate Bill 1013, AS AMENDED, | 3 |
| by inserting the following in its proper numeric sequence in | 4 |
| Article 1:
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| "Section 1-35. The State Officials and Employees Ethics Act | 6 |
| is amended by changing Sections 20-10, 20-20, 20-50, 20-95, | 7 |
| 25-10, 25-20, 25-50, 25-95, and 30-5 and by adding the heading | 8 |
| of Article 60 and Section 60-5 as follows: | 9 |
| (5 ILCS 430/20-10)
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| Sec. 20-10. Offices of Executive Inspectors General.
| 11 |
| (a) Five independent Offices of the Executive Inspector | 12 |
| General are
created,
one each for the Governor, the Attorney | 13 |
| General, the Secretary of State, the
Comptroller, and the | 14 |
| Treasurer. Each Office shall be under the direction and
| 15 |
| supervision
of an Executive Inspector General and shall be a | 16 |
| fully independent office with
separate
appropriations.
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| (b) The Governor, Attorney General, Secretary of State, | 2 |
| Comptroller, and
Treasurer shall each appoint an Executive | 3 |
| Inspector General, without regard to
political affiliation and | 4 |
| solely on the basis of integrity and
demonstrated ability.
| 5 |
| Appointments shall be made by and with the advice and consent | 6 |
| of the
Senate by three-fifths of the elected members concurring | 7 |
| by record vote.
Any nomination not acted upon by the Senate | 8 |
| within 60 session days of the
receipt thereof shall be deemed | 9 |
| to have received the advice and consent of
the Senate. If, | 10 |
| 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 | 12 |
| make a
temporary appointment until the next meeting of the | 13 |
| Senate when the
appointing authority shall make a nomination to | 14 |
| fill that office. No person
rejected for an office of Executive | 15 |
| Inspector General shall, except by the
Senate's request, be | 16 |
| nominated again for that office at the same session of
the | 17 |
| Senate or be appointed to that office during a recess of that | 18 |
| Senate.
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| Nothing in this Article precludes the appointment by the | 20 |
| Governor, Attorney
General,
Secretary of State, Comptroller, | 21 |
| or Treasurer of any other inspector general
required or
| 22 |
| permitted by law. The Governor, Attorney General, Secretary of | 23 |
| State,
Comptroller, and
Treasurer
each may appoint an existing | 24 |
| inspector general as the Executive Inspector
General
required | 25 |
| by this
Article, provided that such an inspector general is not | 26 |
| prohibited by law,
rule,
jurisdiction, qualification, or |
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| interest from serving as the Executive
Inspector General
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| required by
this Article.
An appointing authority may not | 3 |
| appoint a relative as an Executive Inspector
General.
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| Each Executive Inspector General shall have the following | 5 |
| qualifications:
| 6 |
| (1) has not been convicted of any felony under the laws | 7 |
| of this State,
another State, or the United States;
| 8 |
| (2) has earned a baccalaureate degree from an | 9 |
| institution of higher
education; and
| 10 |
| (3) has 5 or more years of cumulative service (A) with | 11 |
| a federal,
State, or
local law enforcement agency, at least | 12 |
| 2 years of which have been in a
progressive investigatory | 13 |
| 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 | 15 |
| local
agency; (D) as a member, an officer,
or a State
or | 16 |
| federal judge; or (E) representing any combination of (A) | 17 |
| 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, | 20 |
| 2008. The
initial appointments shall be made within 60 days | 21 |
| after the effective
date of this Act.
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| After the initial term, each Executive Inspector General | 23 |
| shall serve
for 5-year terms commencing on July 1 of the year | 24 |
| of appointment
and running through June 30 of the fifth | 25 |
| following year. An
Executive Inspector General may be | 26 |
| reappointed to one or more
subsequent terms.
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| A vacancy occurring other than at the end of a term shall | 2 |
| be filled
by the appointing authority only for the balance of | 3 |
| the term of the Executive
Inspector General whose office is | 4 |
| vacant.
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| Terms shall run regardless of whether the position is | 6 |
| filled.
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| (c) The Executive Inspector General appointed by the | 8 |
| Attorney General shall
have jurisdiction over the Attorney | 9 |
| General and all officers and employees of,
and vendors and | 10 |
| others doing business with,
State agencies within the | 11 |
| jurisdiction of the Attorney General. The Executive
Inspector | 12 |
| General appointed by the Secretary of State shall have | 13 |
| jurisdiction
over the Secretary of State and all officers and | 14 |
| employees of, and vendors and
others doing business with, State | 15 |
| agencies within the
jurisdiction of the Secretary of State. The | 16 |
| Executive Inspector General
appointed by the Comptroller shall | 17 |
| have jurisdiction over the Comptroller and
all officers and | 18 |
| employees of, and vendors and others doing business with,
State | 19 |
| agencies within the jurisdiction of the Comptroller. The
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| Executive Inspector General appointed by the Treasurer shall | 21 |
| have jurisdiction
over the Treasurer and all officers and | 22 |
| employees of, and vendors and others
doing business with, State | 23 |
| agencies within the jurisdiction
of the Treasurer. The | 24 |
| Executive Inspector General appointed by the Governor
shall | 25 |
| have jurisdiction over the Governor, the Lieutenant Governor, | 26 |
| and all
officers and employees of, and vendors and others doing |
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| business with,
executive branch State agencies under the | 2 |
| jurisdiction of the
Executive Ethics Commission and not within | 3 |
| the jurisdiction of the
Attorney
General, the Secretary of | 4 |
| State, the Comptroller, or the Treasurer.
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| The jurisdiction of each Executive Inspector General is to | 6 |
| investigate
allegations of fraud, waste, abuse, mismanagement, | 7 |
| misconduct, nonfeasance,
misfeasance,
malfeasance, or | 8 |
| violations of this Act or violations of other related
laws and | 9 |
| rules.
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| (d) The minimum compensation for each Executive Inspector | 11 |
| General shall be
determined by the Executive Ethics Commission. | 12 |
| The actual compensation for each
Executive Inspector General | 13 |
| shall be determined by the appointing executive
branch
| 14 |
| constitutional officer and must be at or above the minimum | 15 |
| compensation level
set by
the Executive Ethics Commission. | 16 |
| (d-5) Subject to Section 20-45 of this Act, each
Executive | 17 |
| Inspector General has full
authority
to organize his or her | 18 |
| Office of the Executive Inspector General, including the
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| employment and determination of the compensation of staff, such | 20 |
| as deputies,
assistants, and other employees, as | 21 |
| appropriations permit. Each Office of the Executive Inspector | 22 |
| General must include an administrative and investigative unit | 23 |
| dedicated solely to the proactive monitoring and review of the | 24 |
| hiring practices and activities of the State agencies under the | 25 |
| jurisdiction of that Executive Inspector General. Each Office | 26 |
| of the Executive Inspector General shall be given full access |
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| to all hiring information of the State agencies under the | 2 |
| jurisdiction of that Executive Inspector General. A separate
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| appropriation
shall be made for each Office of Executive | 4 |
| Inspector General.
The total amount of appropriations for the | 5 |
| Office of an Executive Inspector General each fiscal year must | 6 |
| equal at least 0.1% of the total aggregate appropriations for | 7 |
| that fiscal year for all State agencies under the jurisdiction | 8 |
| of that Executive Inspector General.
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| (e) No Executive Inspector General or employee of the | 10 |
| Office of
the Executive Inspector General may, during his or | 11 |
| 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 | 15 |
| study commissions or as otherwise expressly authorized by | 16 |
| law;
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| (3) be actively involved in the affairs of any | 18 |
| political party or
political organization; or
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| (4) actively participate in any campaign for any
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| elective office.
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| 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.
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| (e-1) No Executive Inspector General or employee of the | 26 |
| Office of the
Executive Inspector General may, for one year |
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| 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 | 5 |
| office.
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| (e-2) The requirements of item (3) of subsection (e-1) may | 7 |
| be waived by the
Executive Ethics Commission.
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| (f) An Executive Inspector General may be removed only for | 9 |
| cause and may
be removed only after by the appointing | 10 |
| constitutional officer certifies to the Senate the reasons for | 11 |
| removal, the Senate conducts a public evidentiary hearing on | 12 |
| the reasons, and a majority of the Senate subsequently votes to | 13 |
| remove the Executive Inspector General. After . At the time of | 14 |
| the
removal,
the appointing constitutional officer must report | 15 |
| to the Executive Ethics
Commission the
justification for the
| 16 |
| removal.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 18 |
| (5 ILCS 430/20-20)
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| Sec. 20-20. Duties of the Executive Inspectors
General. In | 20 |
| addition to duties otherwise assigned by law,
each Executive | 21 |
| Inspector General shall have the following duties:
| 22 |
| (1) To receive and investigate allegations of | 23 |
| violations of this
Act. The
Executive Inspector General may | 24 |
| initiate investigations (i) in response to receive | 25 |
| information received through the
Office of any Executive |
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| Inspector General or
through an ethics commission , (ii) .
An | 2 |
| investigation may be conducted only in response
to | 3 |
| information reported to the Executive Inspector General , | 4 |
| or (iii)
as provided in this Section and not upon his or | 5 |
| her own prerogative.
Allegations may not be made | 6 |
| anonymously. An investigation may not be initiated
more | 7 |
| than one year after the most recent act of the alleged | 8 |
| violation or of a
series of alleged violations except where | 9 |
| there is reasonable cause to believe
that fraudulent | 10 |
| concealment has occurred. To constitute fraudulent | 11 |
| concealment
sufficient to toll this limitations period, | 12 |
| there must be an affirmative act or
representation | 13 |
| calculated to prevent discovery of the fact that a | 14 |
| violation has
occurred. The
Executive Inspector General | 15 |
| shall have the discretion to determine the
appropriate | 16 |
| means of investigation as permitted by law.
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| (2) To request information relating to an | 18 |
| investigation from any
person when the Executive Inspector | 19 |
| General deems that information necessary in
conducting an | 20 |
| investigation.
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| (3) To issue subpoenas
to compel the attendance of | 22 |
| witnesses for the
purposes of testimony and production of | 23 |
| documents and other items for
inspection and copying and to | 24 |
| make service of those subpoenas and subpoenas
issued under | 25 |
| item (7) of Section 20-15.
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| (4) To submit reports as required by this Act.
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| (5) To file
pleadings in the name of
the Executive | 2 |
| Inspector General with the Executive Ethics
Commission, | 3 |
| through the Attorney General, as provided in this Article | 4 |
| if the
Attorney General finds that reasonable cause exists | 5 |
| to believe that a violation
has
occurred.
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| (6) To assist and coordinate the ethics officers
for | 7 |
| State agencies under the jurisdiction of the
Executive | 8 |
| Inspector General and to work with those ethics officers.
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| (7) To participate in or conduct, when appropriate, | 10 |
| multi-jurisdictional
investigations.
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| (8) To request, as the Executive Inspector General | 12 |
| deems appropriate, from
ethics officers
of State agencies | 13 |
| under his or her jurisdiction, reports or information
on | 14 |
| (i) the content of a State agency's ethics
training program | 15 |
| and (ii) the percentage of new officers and
employees who | 16 |
| have completed ethics training.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 18 |
| (5 ILCS 430/20-50)
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| Sec. 20-50. Investigation reports; complaint procedure.
| 20 |
| (a) If an Executive Inspector General, upon the conclusion | 21 |
| of an
investigation, determines that reasonable cause exists to | 22 |
| believe that a
violation
has occurred, then
the Executive | 23 |
| Inspector General shall issue a summary report of the
| 24 |
| investigation. The report shall be delivered to the
appropriate | 25 |
| ultimate jurisdictional
authority and to the head of each State
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| agency
affected by or involved in the investigation, if | 2 |
| appropriate.
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| (b) The summary report of the investigation shall include | 4 |
| the following:
| 5 |
| (1) A description of any allegations or other | 6 |
| information
received by the Executive Inspector General | 7 |
| pertinent to the
investigation.
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| (2) A description of any alleged misconduct discovered | 9 |
| in the
course of the investigation.
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| (3) Recommendations for any corrective or disciplinary
| 11 |
| action to be taken in response to any alleged misconduct | 12 |
| described in the
report, including but not limited to | 13 |
| discharge.
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| (4) Other information the Executive Inspector General
| 15 |
| deems relevant to the investigation or resulting | 16 |
| recommendations.
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| (b-5) Within 60 days after delivery of a summary report, | 18 |
| the Executive Ethics Commission shall make the report public | 19 |
| unless within that 60-day period the Executive Inspector | 20 |
| General certifies to the Executive Ethics Commission that | 21 |
| publication of the summary report will interfere with an | 22 |
| ongoing investigation. When the Inspector General so | 23 |
| certifies, the Executive Ethics Commission shall publish the | 24 |
| report (i) within 6 months after the date of that | 25 |
| certification, if the ongoing investigation does not involve a | 26 |
| criminal matter, or (ii) within 2 years after the date of that |
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| certification, if the ongoing investigation involves a | 2 |
| criminal matter. If the ongoing investigation involves a | 3 |
| criminal matter, the Executive Inspector General, every 6 | 4 |
| months until publication of the report, must certify to the | 5 |
| Executive Ethics Commission that publication will interfere | 6 |
| with the ongoing investigation. | 7 |
| The name of a State employee for whom discipline is | 8 |
| recommended in a summary report required to be published under | 9 |
| this subsection shall not be redacted from the report under | 10 |
| this Act or the Freedom of Information Act if the employee is | 11 |
| required to file a statement of economic interests under the | 12 |
| Illinois Governmental Ethics Act or the employee is alleged to | 13 |
| have violated Section 5-15, Section 5-45, or Article 10 of this | 14 |
| 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
| 17 |
| whether it is in the public interest to publish or redact the
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| name of the State employee. | 19 |
| Notwithstanding the foregoing, the Inspector General may
| 20 |
| redact information in summary reports that would reveal the
| 21 |
| identity of witnesses, complainants, or informants before
| 22 |
| publication if the Inspector General determines that it is | 23 |
| appropriate to protect their identity. | 24 |
| When the summary report is made public, the disciplinary
| 25 |
| 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. | 2 |
| (c) Not less than 30 days after delivery of the summary | 3 |
| report of
an
investigation under subsection (a),
if the | 4 |
| Executive Inspector General desires to file a petition for | 5 |
| leave to file
a
complaint, the Executive Inspector General | 6 |
| shall notify the Commission and the
Attorney General.
If the | 7 |
| Attorney General determines
that reasonable cause exists to | 8 |
| believe that a violation has occurred, then the
Executive | 9 |
| Inspector
General, represented by the Attorney
General, may | 10 |
| file with the Executive Ethics Commission a petition for
leave | 11 |
| to file a complaint.
The petition shall set
forth the alleged | 12 |
| violation and the
grounds that exist to support the petition. | 13 |
| The petition for leave to
file a complaint must be filed with | 14 |
| the Commission within 18 months
after the most recent act of | 15 |
| the
alleged violation or of a series of alleged violations
| 16 |
| except where there is reasonable cause to believe
that | 17 |
| fraudulent concealment has occurred. To constitute fraudulent | 18 |
| concealment
sufficient to toll this limitations period, there | 19 |
| must be an affirmative act or
representation calculated to | 20 |
| prevent discovery of the fact that a violation has
occurred.
If | 21 |
| a petition for leave to file a complaint is not filed with the | 22 |
| Commission
within 6 months after notice by the Inspector | 23 |
| General to the Commission and the
Attorney General, then the | 24 |
| Commission may set a meeting of the Commission at
which the | 25 |
| Attorney General shall appear and provide a status
report to | 26 |
| the Commission.
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| (d) A copy of the petition must be served on all | 2 |
| respondents named in the
complaint and on each respondent's | 3 |
| ultimate jurisdictional authority in
the same manner as process | 4 |
| is served under the Code of Civil
Procedure.
| 5 |
| (e) A respondent may file objections to the petition for | 6 |
| leave to
file a complaint within 30 days after notice of the | 7 |
| petition has been
served on the respondent.
| 8 |
| (f) The Commission shall meet, either in person or by | 9 |
| telephone,
in a closed session to review the sufficiency of the | 10 |
| complaint.
If the Commission finds that complaint is | 11 |
| sufficient, the Commission shall
grant the petition for leave | 12 |
| to file the
complaint.
The Commission shall
issue notice to the | 13 |
| Executive Inspector General and all respondents of
the | 14 |
| Commission's ruling on the sufficiency of the complaint. If the | 15 |
| complaint
is deemed to
sufficiently allege a violation of this | 16 |
| Act, then the Commission shall notify
the parties and shall
| 17 |
| include a hearing date scheduled within 4 weeks after the date | 18 |
| of the notice,
unless all of the parties consent to a later | 19 |
| date.
If the complaint is deemed not to sufficiently allege a
| 20 |
| violation, then
the Commission shall send by certified mail, | 21 |
| return receipt requested,
a notice to the parties of the | 22 |
| decision to dismiss the complaint.
| 23 |
| (g) On the scheduled date
the Commission shall conduct a | 24 |
| closed meeting,
either in person or, if the parties consent, by | 25 |
| telephone, on the complaint and
allow all
parties the | 26 |
| opportunity to present testimony and evidence.
All such |
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| proceedings shall be transcribed.
| 2 |
| (h) Within an appropriate time limit set by rules of the | 3 |
| Executive
Ethics Commission, the Commission shall (i) dismiss | 4 |
| the
complaint or (ii) issue a recommendation of discipline to | 5 |
| the
respondent and the respondent's ultimate jurisdictional | 6 |
| authority or
impose an administrative fine upon the respondent, | 7 |
| or both.
| 8 |
| (i) The proceedings on any complaint filed with the | 9 |
| Commission
shall be conducted pursuant to rules promulgated by | 10 |
| the Commission.
| 11 |
| (j) The Commission may designate hearing officers
to | 12 |
| conduct proceedings as determined by rule of the Commission.
| 13 |
| (k) In all proceedings before the Commission, the standard | 14 |
| of
proof is by a preponderance of the evidence.
| 15 |
| (l) When the Inspector General concludes that there is | 16 |
| insufficient
evidence that a violation has occurred, the | 17 |
| Inspector General shall close the
investigation. At the request | 18 |
| of the subject of the investigation, the
Inspector
General | 19 |
| shall provide a written statement to the subject of the | 20 |
| investigation
and to the Commission of
the Inspector General's | 21 |
| decision to close the investigation. Closure by the
Inspector | 22 |
| General does not bar the Inspector General from resuming the
| 23 |
| investigation if circumstances warrant.
| 24 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 25 |
| (5 ILCS 430/20-95)
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| Sec. 20-95. Exemptions.
| 2 |
| (a) Documents generated by an ethics
officer under this | 3 |
| Act, except Section 5-50, are exempt from the provisions of
the | 4 |
| Freedom
of Information Act.
| 5 |
| (b) Summary reports published pursuant to subsection (b-5) | 6 |
| of Section 20-50 are public records. Other Any allegations
and | 7 |
| related documents
submitted to an Executive Inspector General | 8 |
| and any pleadings and
related documents brought before the | 9 |
| Executive Ethics
Commission are exempt from the provisions of | 10 |
| the Freedom of
Information Act so long as the Executive Ethics | 11 |
| Commission
does not make a finding of a violation of this Act.
| 12 |
| If the Executive
Ethics Commission finds that a violation has | 13 |
| occurred, the
entire record of proceedings before the | 14 |
| Commission, the decision and
recommendation, and the mandatory | 15 |
| report from the agency head or
ultimate jurisdictional | 16 |
| authority to the Executive Ethics
Commission are not exempt | 17 |
| from the provisions of the Freedom of
Information Act but | 18 |
| information contained therein that is otherwise exempt from
the
| 19 |
| Freedom of Information Act must be redacted before disclosure | 20 |
| as provided in
Section 8 of the Freedom of Information Act.
| 21 |
| (c) Meetings of the Commission under
Sections 20-5
and | 22 |
| 20-15 of this Act are exempt from the provisions of the Open
| 23 |
| Meetings Act.
| 24 |
| (d) Unless otherwise provided in this Act, all | 25 |
| investigatory files and
reports of the Office of an Executive | 26 |
| Inspector General, other than quarterly
reports, are |
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| 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, (iii) | 6 |
| to the
Executive Ethics Commission; or (iv) to another | 7 |
| Inspector General appointed
pursuant to this Act.
| 8 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 9 |
| (5 ILCS 430/25-10)
| 10 |
| Sec. 25-10. Office of Legislative Inspector General.
| 11 |
| (a) The independent Office of the Legislative Inspector | 12 |
| General is created.
The Office shall be under the direction and | 13 |
| supervision of the
Legislative Inspector General and shall be a | 14 |
| fully independent office with its
own appropriation.
| 15 |
| (b) The Legislative Inspector General shall be appointed | 16 |
| without regard to
political
affiliation and solely on the basis | 17 |
| of integrity and
demonstrated ability.
The Legislative Ethics
| 18 |
| Commission shall diligently search out qualified candidates | 19 |
| for Legislative
Inspector General
and shall make | 20 |
| recommendations to the General Assembly.
| 21 |
| The Legislative Inspector General shall be appointed by a | 22 |
| joint resolution of
the
Senate and the House of | 23 |
| Representatives, which may specify the date on
which the | 24 |
| appointment takes effect.
A joint resolution, or other document | 25 |
| as may be specified by the
Joint Rules of the General Assembly, |
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| appointing the Legislative Inspector
General must be certified | 2 |
| by
the Speaker
of the House of Representatives and the | 3 |
| President of the Senate as having been
adopted by the
| 4 |
| affirmative vote of three-fifths of the members elected to each | 5 |
| house,
respectively,
and be filed with the Secretary of State.
| 6 |
| The appointment of the Legislative Inspector General takes | 7 |
| effect on the day
the
appointment is completed by the General | 8 |
| Assembly, unless the appointment
specifies a later date on | 9 |
| which it is to become effective.
| 10 |
| The Legislative Inspector General shall have the following | 11 |
| qualifications:
| 12 |
| (1) has not been convicted of any felony under the laws | 13 |
| of this State,
another state, or the United States;
| 14 |
| (2) has earned a baccalaureate degree from an | 15 |
| institution of higher
education; and
| 16 |
| (3) has 5 or more years of cumulative service (A) with | 17 |
| a federal,
State, or
local law enforcement agency, at least | 18 |
| 2 years of which have been in a
progressive investigatory | 19 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 20 |
| as a
senior manager or executive of a federal, State, or | 21 |
| local
agency; (D) as a member, an officer,
or a State
or | 22 |
| federal judge; or (E) representing any combination of (A) | 23 |
| through (D).
| 24 |
| The Legislative Inspector General may not be a relative of | 25 |
| a commissioner.
| 26 |
| The term of the initial Legislative Inspector General shall
|
|
|
|
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| 1 |
| commence upon qualification and shall run through June 30, | 2 |
| 2008.
| 3 |
| After the initial term, the Legislative Inspector General | 4 |
| shall serve
for 5-year terms commencing on July 1 of the year | 5 |
| of appointment
and running through June 30 of the fifth | 6 |
| following year. The
Legislative Inspector General may be | 7 |
| reappointed to one or more
subsequent terms.
| 8 |
| A vacancy occurring other than at the end of a term shall | 9 |
| be filled in the
same manner as an appointment only for the | 10 |
| balance of the term of the
Legislative
Inspector General whose | 11 |
| office is vacant.
| 12 |
| Terms shall run regardless of whether the position is | 13 |
| filled.
| 14 |
| (c) The Legislative Inspector General
shall have | 15 |
| jurisdiction over the members of the General Assembly and
all | 16 |
| State employees whose ultimate jurisdictional authority is
(i) | 17 |
| a legislative leader, (ii) the Senate Operations Commission, or | 18 |
| (iii) the
Joint Committee on Legislative Support Services.
| 19 |
| The jurisdiction of each Legislative Inspector General is | 20 |
| to investigate
allegations of fraud, waste, abuse, | 21 |
| mismanagement, misconduct, nonfeasance,
misfeasance,
| 22 |
| malfeasance, or violations of this Act or violations of other | 23 |
| related
laws and rules.
| 24 |
| (d) The compensation of the Legislative Inspector General | 25 |
| shall
be the greater of an amount (i) determined by the | 26 |
| Commission or (ii) by joint
resolution of the General Assembly |
|
|
|
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| 1 |
| passed by a majority of members elected in
each chamber. | 2 |
| (d-5)
Subject to Section 25-45 of this Act, the Legislative | 3 |
| Inspector General has
full
authority to organize the Office of | 4 |
| the Legislative Inspector General,
including the employment | 5 |
| and determination of the compensation of
staff, such as | 6 |
| deputies, assistants, and other employees, as
appropriations | 7 |
| permit. Employment of staff is subject to the approval of at | 8 |
| least 3 of the 4 legislative leaders.
| 9 |
| The Office of the Legislative Inspector General must | 10 |
| include an administrative and investigative unit dedicated | 11 |
| solely to the proactive monitoring and review of the hiring | 12 |
| practices and activities of the State agencies under the | 13 |
| jurisdiction of the Legislative Inspector General. The Office | 14 |
| of the Legislative Inspector General shall be given full access | 15 |
| to all hiring information of the State agencies under his or | 16 |
| her jurisdiction. | 17 |
| The total amount of appropriations for the Office of the | 18 |
| Legislative Inspector General each fiscal year must equal at | 19 |
| least 0.1% of the total aggregate appropriations for that | 20 |
| fiscal year for all State agencies under the jurisdiction of | 21 |
| the Legislative Inspector General. | 22 |
| (e) No Legislative Inspector General or employee of the | 23 |
| Office of
the Legislative Inspector General may, during his or | 24 |
| her term of appointment or
employment:
| 25 |
| (1) become a candidate for any elective office;
| 26 |
| (2) hold any other elected or appointed public office
|
|
|
|
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| 1 |
| except for appointments on governmental advisory boards
or | 2 |
| study commissions or as otherwise expressly authorized by | 3 |
| law;
| 4 |
| (3) be actively involved in the affairs of any | 5 |
| political party or
political organization; or
| 6 |
| (4) actively participate in any campaign for any
| 7 |
| elective office.
| 8 |
| 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.
| 12 |
| (e-1) No Legislative Inspector General or employee of the | 13 |
| Office of the
Legislative Inspector General may, for one year | 14 |
| after the termination of his or
her appointment or employment:
| 15 |
| (1) become a candidate for any elective office;
| 16 |
| (2) hold any elected public office; or
| 17 |
| (3) hold any appointed State, county, or local judicial | 18 |
| office.
| 19 |
| (e-2) The requirements of item (3) of subsection (e-1) may | 20 |
| be waived by the
Legislative Ethics Commission.
| 21 |
| (f) The Commission may remove the Legislative Inspector | 22 |
| General only for
cause. At the time of the removal, the | 23 |
| Commission must report to the General
Assembly the | 24 |
| justification for the removal.
| 25 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) |
|
|
|
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| 1 |
| (5 ILCS 430/25-20)
| 2 |
| Sec. 25-20. Duties of the Legislative Inspector
General. In | 3 |
| addition to duties otherwise assigned by law,
the Legislative | 4 |
| Inspector General shall have the following duties:
| 5 |
| (1) To receive and investigate allegations of | 6 |
| violations of this
Act. The
Legislative Inspector General | 7 |
| may initiate investigations (i) in response to receive | 8 |
| information received through the
Office of the Legislative | 9 |
| Inspector General or
through an ethics commission or (ii) .
| 10 |
| An investigation may be conducted only in response
to | 11 |
| information reported to the Legislative Inspector General
| 12 |
| as provided in this Section and not upon his or her own | 13 |
| prerogative.
Allegations may not be made anonymously. An | 14 |
| investigation may not be initiated
more than one year after | 15 |
| the most recent act of the alleged violation or of a
series | 16 |
| of alleged violations except where there is reasonable | 17 |
| cause to believe
that fraudulent concealment has occurred. | 18 |
| To constitute fraudulent concealment
sufficient to toll | 19 |
| this limitations period, there must be an affirmative act | 20 |
| or
representation calculated to prevent discovery of the | 21 |
| fact that a violation
has occurred. The
Legislative | 22 |
| Inspector General shall have the discretion to determine | 23 |
| the
appropriate means of investigation as permitted by law.
| 24 |
| (2) To request information relating to an | 25 |
| investigation from any
person when the Legislative | 26 |
| Inspector General deems that information necessary
in
|
|
|
|
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| 1 |
| conducting an investigation.
| 2 |
| (3) To issue subpoenas, with the advance approval of | 3 |
| the Commission,
to compel the attendance of witnesses for | 4 |
| the
purposes of testimony and production of documents and | 5 |
| other items for
inspection and copying and to make service | 6 |
| of those subpoenas and subpoenas
issued under item (7) of | 7 |
| Section 25-15.
| 8 |
| (4) To submit reports as required by this Act.
| 9 |
| (5) To file
pleadings in the name of
the Legislative | 10 |
| Inspector General with the Legislative Ethics
Commission, | 11 |
| through the Attorney General, as provided in this Article | 12 |
| if the
Attorney General finds that reasonable cause exists | 13 |
| to believe that a violation
has
occurred.
| 14 |
| (6) To assist and coordinate the ethics officers
for | 15 |
| State agencies under the jurisdiction of the
Legislative | 16 |
| Inspector General and to work with those ethics officers.
| 17 |
| (7) To participate in or conduct, when appropriate, | 18 |
| multi-jurisdictional
investigations.
| 19 |
| (8) To request, as the Legislative Inspector General | 20 |
| deems appropriate,
from ethics officers
of State agencies | 21 |
| under his or her jurisdiction, reports or information
on | 22 |
| (i) the content of a State agency's ethics
training program | 23 |
| and (ii) the percentage of new officers and
employees who | 24 |
| have completed ethics training.
| 25 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
|
|
|
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|
| 1 |
| (5 ILCS 430/25-50)
| 2 |
| Sec. 25-50. Investigation reports; complaint procedure.
| 3 |
| (a) If the Legislative Inspector General, upon the | 4 |
| conclusion of an
investigation, determines that reasonable | 5 |
| cause exists to believe that a
violation
has occurred, then
the | 6 |
| Legislative Inspector General shall issue a summary report of | 7 |
| the
investigation. The report shall be delivered to the
| 8 |
| appropriate ultimate jurisdictional
authority and to the head | 9 |
| of each State
agency
affected by or involved in the | 10 |
| investigation, if appropriate.
| 11 |
| (b) The summary report of the investigation shall include | 12 |
| the following:
| 13 |
| (1) A description of any allegations or other | 14 |
| information
received by the Legislative Inspector General | 15 |
| pertinent to the
investigation.
| 16 |
| (2) A description of any alleged misconduct discovered | 17 |
| in the
course of the investigation.
| 18 |
| (3) Recommendations for any corrective or disciplinary
| 19 |
| action to be taken in response to any alleged misconduct | 20 |
| described in the
report, including but not limited to | 21 |
| discharge.
| 22 |
| (4) Other information the Legislative Inspector | 23 |
| General
deems relevant to the investigation or resulting | 24 |
| recommendations.
| 25 |
| (b-5) Within 60 days after delivery of a summary report, | 26 |
| the Legislative Ethics Commission shall make the report public |
|
|
|
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| 1 |
| unless within that 60-day period the Legislative Inspector | 2 |
| General certifies to the Legislative Ethics Commission that | 3 |
| publication of the summary report will interfere with an | 4 |
| ongoing investigation. When the Inspector General so | 5 |
| certifies, the Legislative Ethics Commission shall publish the | 6 |
| report (i) within 6 months after the date of that | 7 |
| certification, if the ongoing investigation does not involve a | 8 |
| criminal matter, or (ii) within 2 years after the date of that | 9 |
| certification, if the ongoing investigation involves a | 10 |
| criminal matter. If the ongoing investigation involves a | 11 |
| criminal matter, the Legislative Inspector General, every 6 | 12 |
| months until publication of the report, must certify to the | 13 |
| Legislative Ethics Commission that publication will interfere | 14 |
| with the ongoing investigation. | 15 |
| The name of a State employee for whom discipline is | 16 |
| recommended in a summary report required to be published under | 17 |
| this subsection shall not be redacted from the report under | 18 |
| this Act or the Freedom of Information Act if the employee is | 19 |
| required to file a statement of economic interests under the | 20 |
| Illinois Governmental Ethics Act or the employee is alleged to | 21 |
| have violated Section 5-15, Section 5-45, or Article 10 of this | 22 |
| Act. Regarding summary reports required to be published under
| 23 |
| this subsection that recommend discipline for any other State
| 24 |
| employee, the Legislative Ethics Commission shall determine
| 25 |
| whether it is in the public interest to publish or redact the | 26 |
| name of the State employee. |
|
|
|
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| 1 |
| Notwithstanding the foregoing, the Inspector General may
| 2 |
| redact information in summary reports that would reveal the
| 3 |
| identity of witnesses, complainants, or informants before
| 4 |
| publication if the Inspector General determines that it is
| 5 |
| appropriate to protect their identity. | 6 |
| When the summary report is made public, the disciplinary
| 7 |
| decision and justification from the State agency should also be
| 8 |
| made public, along with any response from the employee if the
| 9 |
| employee wishes. | 10 |
| (c) Not less than 30 days after delivery of the summary | 11 |
| report of
an
investigation under subsection (a),
if the | 12 |
| Legislative Inspector General desires to file a petition for | 13 |
| leave to
file a
complaint, the Legislative Inspector General | 14 |
| shall notify the Commission and
the
Attorney General.
If the | 15 |
| Attorney General determines
that reasonable cause exists to | 16 |
| believe that a violation has occurred, then the
Legislative | 17 |
| Inspector
General, represented by the Attorney
General, may | 18 |
| file with the Legislative Ethics Commission a petition for
| 19 |
| leave to file a complaint.
The petition shall set
forth the | 20 |
| alleged violation and the
grounds that exist to support the | 21 |
| petition. The petition for leave to
file a complaint must be | 22 |
| filed with the Commission within 18 months
after the most | 23 |
| recent act of the alleged violation or of a series of alleged
| 24 |
| violations
except where there is reasonable cause to believe
| 25 |
| that fraudulent concealment has occurred. To constitute | 26 |
| fraudulent concealment
sufficient to toll this limitations |
|
|
|
09600SB1013sam006 |
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| 1 |
| period, there must be an affirmative act or
representation | 2 |
| calculated to prevent discovery of the fact that a violation | 3 |
| has
occurred.
If a petition for leave to file a complaint is | 4 |
| not filed with the Commission
within 6 months after notice by | 5 |
| the Inspector General to the Commission and the
Attorney | 6 |
| General, then the Commission may set a meeting of the | 7 |
| Commission at
which the Attorney General shall appear and | 8 |
| provide a status
report to the Commission.
| 9 |
| (d) A copy of the petition must be served on all | 10 |
| respondents named in the
complaint and on each respondent's | 11 |
| ultimate jurisdictional authority in
the same manner as process | 12 |
| is served under the Code of Civil
Procedure.
| 13 |
| (e) A respondent may file objections to the petition for | 14 |
| leave to
file a complaint within 30 days after notice of the | 15 |
| petition has been
served on the respondent.
| 16 |
| (f) The Commission shall meet, either in person or by | 17 |
| telephone,
in a closed session to review the sufficiency of the | 18 |
| complaint.
If the Commission finds that complaint is | 19 |
| sufficient, the Commission shall
grant the petition for leave | 20 |
| to file the
complaint.
The Commission shall
issue notice to the | 21 |
| Legislative Inspector 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 notify
the parties and shall
| 25 |
| include a hearing date scheduled within 4 weeks after the date | 26 |
| of the notice,
unless all of the parties consent to a later |
|
|
|
09600SB1013sam006 |
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|
| 1 |
| date.
If the complaint is deemed not to sufficiently allege a
| 2 |
| violation, then
the Commission shall send by certified mail, | 3 |
| return receipt requested,
a notice to the parties of the | 4 |
| 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 or (ii) issue a recommendation of | 13 |
| discipline to the
respondent and the respondent's ultimate | 14 |
| jurisdictional authority or
impose an administrative fine upon | 15 |
| the respondent, or both.
| 16 |
| (i) The proceedings on any complaint filed with the | 17 |
| Commission
shall be conducted pursuant to rules promulgated by | 18 |
| the Commission.
| 19 |
| (j) The Commission may designate hearing officers
to | 20 |
| conduct proceedings as determined by rule of the Commission.
| 21 |
| (k) In all proceedings before the Commission, the standard | 22 |
| of
proof is by a preponderance of the evidence.
| 23 |
| (l) When the Inspector General concludes that there is | 24 |
| insufficient
evidence that a violation has occurred, the | 25 |
| Inspector General shall close the
investigation. At the request | 26 |
| of the subject of the investigation, the
Inspector
General |
|
|
|
09600SB1013sam006 |
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|
| 1 |
| shall provide a written statement to the subject of the | 2 |
| investigation
and to the Commission of
the Inspector General's | 3 |
| decision to close the investigation. Closure by the
Inspector | 4 |
| General does not bar the Inspector General from resuming the
| 5 |
| investigation if circumstances warrant.
| 6 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 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 |
|
|
|
09600SB1013sam006 |
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| 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. Other Any allegations
and | 5 |
| related documents
submitted to the Legislative Inspector | 6 |
| General and any pleadings and
related documents brought before | 7 |
| the Legislative Ethics
Commission are exempt from the | 8 |
| provisions of the Freedom of
Information Act so long as the | 9 |
| Legislative Ethics Commission
does not make a finding of a | 10 |
| violation of this Act.
If the Legislative
Ethics Commission | 11 |
| finds that a violation has occurred, the
entire record of | 12 |
| proceedings before the Commission, the decision and
| 13 |
| recommendation, and the mandatory report from the agency head | 14 |
| or
ultimate jurisdictional authority to the Legislative Ethics
| 15 |
| Commission are not exempt from the provisions of the Freedom of
| 16 |
| Information Act but information contained therein that is | 17 |
| exempt from the
Freedom of Information Act must be redacted | 18 |
| before disclosure as provided in
Section 8 of the Freedom of | 19 |
| Information Act.
| 20 |
| (c) Meetings of the Commission under
Sections 25-5
and | 21 |
| 25-15 of this Act are exempt from the provisions of the Open
| 22 |
| Meetings Act.
| 23 |
| (d) Unless otherwise provided in this Act, all | 24 |
| investigatory files and
reports of the Office of the | 25 |
| Legislative Inspector General, other than
quarterly
reports, | 26 |
| are confidential, are exempt from disclosure
under the Freedom |
|
|
|
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| 1 |
| of Information Act, and shall not be divulged to
any person or | 2 |
| agency, except as necessary (i) to the appropriate law
| 3 |
| enforcement
authority if the matter is referred pursuant to | 4 |
| this Act, (ii) to the ultimate
jurisdictional authority, or | 5 |
| (iii) to the
Legislative Ethics Commission.
| 6 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) | 7 |
| (5 ILCS 430/30-5)
| 8 |
| Sec. 30-5. Appointment of Inspector General.
| 9 |
| (a) The Auditor General shall
appoint an Inspector General | 10 |
| (i) to investigate allegations of violations of
Articles 5 and
| 11 |
| 10 by State officers and employees under his or her | 12 |
| jurisdiction , (ii) to proactively monitor and review the hiring | 13 |
| practices and activities of the Office of the Auditor General, | 14 |
| and (iii) and
(ii) to perform
other
duties and exercise other | 15 |
| powers assigned to the Inspectors General by this or
any other
| 16 |
| Act. The Inspector General shall be appointed within 6 months | 17 |
| after the
effective date
of this Act.
| 18 |
| (b) The Auditor General
shall
provide by rule for the | 19 |
| operation of his or her Inspector General.
It is declared to be | 20 |
| in the public interest, safety, and welfare that the
Auditor | 21 |
| General adopt emergency rules under the Illinois | 22 |
| Administrative
Procedure Act to initially perform his or her | 23 |
| duties under this subsection.
| 24 |
| (c) The Auditor General
may appoint an existing inspector | 25 |
| general as the Inspector General
required by this
Article, |
|
|
|
09600SB1013sam006 |
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|
| 1 |
| provided that such an inspector general is not prohibited by | 2 |
| law,
rule,
jurisdiction, qualification, or interest from | 3 |
| serving as the Inspector General
required by
this Article.
| 4 |
| The Auditor General may not appoint a relative as the | 5 |
| Inspector General
required by this Article.
| 6 |
| (d) The Inspector General appointed by the Auditor General | 7 |
| may be removed by the Auditor General only for cause after the | 8 |
| Auditor General certifies to the Senate the reasons for | 9 |
| removal, the Senate conducts a public evidentiary hearing on | 10 |
| the reasons, and the Senate subsequently votes to remove the | 11 |
| Inspector General. | 12 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 13 |
| (5 ILCS 430/Art. 60 heading new) | 14 |
| ARTICLE 60. OTHER PROVISIONS | 15 |
| (5 ILCS 430/60-5 new) | 16 |
| Sec. 60-5. Consolidation study. By December 31, 2009, the | 17 |
| Executive Inspectors General, the Legislative Inspector | 18 |
| General, and the Auditor General's Inspector General jointly | 19 |
| shall study and report to the General Assembly upon the | 20 |
| feasibility and advisability of the consolidation of their | 21 |
| offices into one Office of the Ethics Inspector General. | 22 |
| Section 1-40. The Governor's Office of Management and | 23 |
| Budget Act is amended by changing Section 1 as follows:
|
|
|
|
09600SB1013sam006 |
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|
| 1 |
| (20 ILCS 3005/1) (from Ch. 127, par. 411)
| 2 |
| Sec. 1. Definitions.
| 3 |
| "Capital expenditure" means money spent for replacing, | 4 |
| remodeling, expanding,
or acquiring facilities, buildings or | 5 |
| land owned directly by the State through
any State department, | 6 |
| authority, public corporation of the State, State
college or | 7 |
| university, or any other public agency created by the State,
| 8 |
| but not units of local government or school districts.
| 9 |
| "Director" means the Director of the Governor's Office of | 10 |
| Management and
Budget.
| 11 |
| "Office" means the Governor's Office of Management and | 12 |
| Budget.
| 13 |
| "State Agency," whether used in the singular or plural, | 14 |
| means all
Departments, Officers, Commissions, Boards, | 15 |
| Institutions and bodies,
politic and corporate of the State, | 16 |
| including the Offices of Clerk of
the Supreme Court and Clerks | 17 |
| of the Appellate Courts; except it shall
not mean the several | 18 |
| Courts of the State, nor the Legislature, its
Committees or | 19 |
| Commissions, nor the Constitutionally elected State
Officers , | 20 |
| nor the Executive Ethics Commission, nor the Offices of | 21 |
| Executive Inspectors General .
| 22 |
| (Source: P.A. 93-25, eff. 6-20-03.)".
|
|