Full Text of SB1223 101st General Assembly
SB1223sam001 101ST GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 1223
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1223 on page 3, | 3 | | line 20, after the period, by inserting "The Local Government | 4 | | Ethics Commission does not have jurisdiction over: (i) Regional | 5 | | Transit Boards, as that term is defined in Section 1-5 of the | 6 | | State Officials and Employees Ethics Act; (ii) local officials | 7 | | of Regional Transit Boards; or (iii) venders and others doing | 8 | | business with a Regional Transit Board; the Executive Ethics | 9 | | Commission and Executive Inspector General have jurisdiction | 10 | | over Regional Transit Boards and board members, employees, | 11 | | vendors, and others doing business with the Regional Transit | 12 | | Boards under Article 75 of the State Officials and Employees | 13 | | Ethics Act."; and
| 14 | | on page 6, by replacing line 21 with the following: | 15 | | "unit of local government or local official. The Local | 16 | | Government Inspector General does not have jurisdiction over |
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| 1 | | Regional Transit Boards, as that term is defined in Section 1-5 | 2 | | of the State Officials and Employees Ethics Act, or local | 3 | | officials of Regional Transit Boards; the Executive Inspector | 4 | | General has jurisdiction over Regional Transit Boards and board | 5 | | members, employees, vendors, and others doing business with the | 6 | | Regional Transit Boards under Article 75 of the State Officials | 7 | | and Employees Ethics Act. | 8 | | If an investigation's focus is split between allegations of | 9 | | misconduct investigated by the Executive Inspector General and | 10 | | allegations investigated by the Local Government Inspector | 11 | | General, the Local Government Inspector General shall take | 12 | | reasonable steps, including continued consultation with the | 13 | | Executive Inspector General, to ensure that his or her | 14 | | investigation will not interfere with or disrupt any | 15 | | investigation by the Executive Inspector General or law | 16 | | enforcement authorities. In instances in which the Local | 17 | | Government Inspector General continues to investigate other | 18 | | allegations associated with allegations that have been | 19 | | referred to the Executive Inspector General under this | 20 | | subsection, the Local Government Inspector General shall | 21 | | report the results of its investigation to the Executive | 22 | | Inspector General."; and
| 23 | | on page 19, line 19, by replacing "body." with "body, including | 24 | | referring allegations of misconduct by State employees or other | 25 | | individuals or entities under the jurisdiction of the Executive |
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| 1 | | Inspector General to the Executive Inspector General for | 2 | | investigation."; and | 3 | | on page 20, below line 16, by inserting the following: | 4 | | "Section 75. Confidentiality.
| 5 | | (a) The identity of an individual providing information or | 6 | | reporting possible or alleged misconduct to the Office of the | 7 | | Local Government Inspector General or the Local Government | 8 | | Ethics Commission shall be kept confidential and may not be | 9 | | disclosed without the consent of that individual, unless the | 10 | | individual consents to disclosure of his or her name or | 11 | | disclosure of the individual's identity is otherwise required | 12 | | by law. The confidentiality granted by this subsection does not | 13 | | preclude the disclosure of the identity of a person in any | 14 | | capacity other than as the source of an allegation.
| 15 | | (b) Except as provided under Section 55, commissioners, | 16 | | employees, and agents of the Local Government Ethics | 17 | | Commission, the Local Government Inspector General, and the | 18 | | Office of the Attorney General shall keep confidential and | 19 | | shall not disclose information exempted from disclosure under | 20 | | the Freedom of Information Act or by this Act.
| 21 | | (c) In his or her discretion, the Local Government | 22 | | Inspector General may notify complainants and subjects of an | 23 | | investigation with an update on the status of the respective | 24 | | investigation, including when the investigation is opened and |
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| 1 | | closed. | 2 | | Section 80. Exemptions.
| 3 | | (a) Documents generated by the Offices of the Local | 4 | | Government Inspector General or the Local Government Ethics | 5 | | Commission under this Act are exempt from disclosure under the | 6 | | Freedom of Information Act.
| 7 | | (b) Allegations and related documents submitted to the | 8 | | Local Government Inspector General and pleadings and related | 9 | | documents brought before the Local Government Ethics | 10 | | Commission are exempt from disclosure under the Freedom of | 11 | | Information Act if the Local Government Ethics Commission does | 12 | | not make a finding of a violation of this Act. If the Local | 13 | | Government Ethics Commission finds that a violation has | 14 | | occurred, the entire record of proceedings before the | 15 | | Commission, the decision and recommendation, and the response | 16 | | from the agency head or ultimate jurisdictional authority to | 17 | | the Local Government Ethics Commission are not exempt from | 18 | | disclosure under the Freedom of Information Act, but | 19 | | information contained therein that is otherwise exempt from the | 20 | | Freedom of Information Act must be redacted before disclosure | 21 | | as provided in the Freedom of Information Act. A summary report | 22 | | released by the Local Government Ethics Commission under | 23 | | Section 55 is a public record, but information redacted by the | 24 | | Local Government Ethics Commission is not a part of the public | 25 | | record.
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| 1 | | (c) Meetings of the Local Government Ethics Commission are | 2 | | exempt from the provisions of the Open Meetings Act.
| 3 | | (d) Unless otherwise provided in this Act, all | 4 | | investigatory files and reports of the Office of Local | 5 | | Government Inspector General, other than quarterly reports | 6 | | required under Section 70, are confidential, are exempt from | 7 | | disclosure under the Freedom of Information Act, and shall not | 8 | | be divulged to any person or agency, except as necessary (i) to | 9 | | a law enforcement authority, (ii) to the ultimate | 10 | | jurisdictional authority,(iii) to the Local Government Ethics | 11 | | Commission, or (iv) to the Office of the Attorney General.".
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