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Public Act 101-0617 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Governmental Ethics Act is amended | ||||
by changing Section 4A-106.5 as follows: | ||||
(5 ILCS 420/4A-106.5) | ||||
Sec. 4A-106.5. Persons filing statements with county | ||||
clerk; notice; certification of list of names; alphabetical | ||||
list; receipt; examination and copying of statements. The | ||||
statements of economic interests required of persons listed in | ||||
Section 4A-101.5 shall be filed with the county clerk of the | ||||
county in which the principal office of the unit of local | ||||
government with which the person is associated is located. If | ||||
it is not apparent which county the principal office of a unit | ||||
of local government is located, the chief administrative | ||||
officer, or his or her designee, has the authority, for | ||||
purposes of this Act, to determine the county in which the | ||||
principal office is located. Annually, on or before February 1, | ||||
the The chief administrative officer, or his or her designee, | ||||
of each unit of local government with persons described in | ||||
Section 4A-101.5 shall certify to the appropriate county clerk | ||||
a list of names and addresses of persons that are required to | ||||
file. In preparing the lists, each chief administrative |
officer, or his or her designee, shall set out the names in | ||
alphabetical order. | ||
On or before April 1 annually, the county clerk of each | ||
county shall notify all persons whose names have been certified | ||
to him under Section 4A-101.5, other than candidates for office | ||
who have filed their statements with their nominating | ||
petitions, of the requirements for filing statements of | ||
economic interests. A person required to file with a county | ||
clerk by virtue of more than one item among items set forth in | ||
Section 4A-101.5 shall be notified of and is required to file | ||
only one statement of economic interests relating to all items | ||
under which the person is required to file with that county | ||
clerk. | ||
Except as provided in Section 4A-106.1, the notices | ||
provided for in this Section shall be in writing and deposited | ||
in the U.S. Mail, properly addressed, first class postage | ||
prepaid, on or before the day required by this Section for the | ||
sending of the notice. Alternatively, a county clerk may send | ||
the notices electronically to all persons whose names have been | ||
thus certified to him. A certificate executed by a county clerk | ||
attesting that he or she has sent the notice by the means | ||
permitted by this Section constitutes prima facie evidence | ||
thereof. | ||
From the lists certified to him or her under this Section | ||
of persons described in Section 4A-101.5, the clerk of each | ||
county shall compile an alphabetical listing of persons |
required to file statements of economic interests in his or her | ||
office under any of those items. As the statements are filed in | ||
his or her office, the county clerk shall cause the fact of | ||
that filing to be indicated on the alphabetical listing of | ||
persons who are required to file statements. Within 30 days | ||
after the due dates, the county clerk shall mail to the State | ||
Board of Elections a true copy of that listing showing those | ||
who have filed statements. | ||
The county clerk of each county shall note upon the | ||
alphabetical listing the names of all persons required to file | ||
a statement of economic interests who failed to file a | ||
statement on or before May 1. It shall be the duty of the | ||
several county clerks to give notice as provided in Section | ||
4A-105 to any person who has failed to file his or her | ||
statement with the clerk on or before May 1. | ||
Any person who files or has filed a statement of economic | ||
interest under this Section is entitled to receive from the | ||
county clerk a receipt indicating that the person has filed | ||
such a statement, the date of filing, and the identity of the | ||
governmental unit or units in relation to which the filing is | ||
required. | ||
All statements of economic interests filed under this | ||
Section shall be available for examination and copying by the | ||
public at all reasonable times.
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(Source: P.A. 101-221, eff. 8-9-19.) |
Section 10. The State Officials and Employees Ethics Act is | ||
amended by changing Sections 5-10.5, 20-5, 20-50, 20-63, 20-90, | ||
25-5, 25-50, 25-63, and 25-90 as follows: | ||
(5 ILCS 430/5-10.5) | ||
Sec. 5-10.5. Harassment and discrimination prevention | ||
training. | ||
(a) Until 2020, each officer, member, and employee must | ||
complete, at least annually, a sexual harassment training | ||
program. A person who fills a vacancy in an elective or | ||
appointed position that requires training under this Section | ||
must complete his or her initial sexual harassment training | ||
program within 30 days after commencement of his or her office | ||
or employment. The training shall include, at a minimum, the | ||
following: (i) the definition, and a description, of sexual | ||
harassment utilizing examples; (ii) details on how an | ||
individual can report an allegation of sexual harassment, | ||
including options for making a confidential report to a | ||
supervisor, ethics officer, Inspector General, or the | ||
Department of Human Rights; (iii) the definition, and | ||
description of, retaliation for reporting sexual harassment | ||
allegations utilizing examples, including availability of | ||
whistleblower protections under this Act, the Whistleblower | ||
Act, and the Illinois Human Rights Act; and (iv) the | ||
consequences of a violation of the prohibition on sexual | ||
harassment and the consequences for knowingly making a false |
report. Proof of completion must be submitted to the applicable | ||
ethics officer. Sexual harassment training programs shall be | ||
overseen by the appropriate Ethics Commission and Inspector | ||
General appointed under this Act. | ||
(a-5) Beginning in 2020, each officer, member, and employee | ||
must complete, at least annually, a harassment and | ||
discrimination prevention training program. A person who fills | ||
a vacancy in an elective or appointed position that requires | ||
training under this subsection must complete his or her initial | ||
harassment and discrimination prevention training program | ||
within 30 days after commencement of his or her office or | ||
employment. The training shall include, at a minimum, the | ||
following: (i) the definition and a description of sexual | ||
harassment, unlawful discrimination, and harassment, including | ||
examples of each; (ii) details on how an individual can report | ||
an allegation of sexual harassment, unlawful discrimination, | ||
or harassment, including options for making a confidential | ||
report to a supervisor, ethics officer, Inspector General, or | ||
the Department of Human Rights; (iii) the definition and | ||
description of retaliation for reporting sexual harassment, | ||
unlawful discrimination, or harassment allegations utilizing | ||
examples, including availability of whistleblower protections | ||
under this Act, the Whistleblower Act, and the Illinois Human | ||
Rights Act; and (iv) the consequences of a violation of the | ||
prohibition on sexual harassment, unlawful discrimination, and | ||
harassment and the consequences for knowingly making a false |
report. Proof of completion must be submitted to the applicable | ||
ethics officer. Harassment and discrimination training | ||
programs shall be overseen by the appropriate Ethics Commission | ||
and Inspector General appointed under this Act. | ||
For the purposes of this subsection, "unlawful | ||
discrimination" and "harassment" refer refers to | ||
discrimination and harassment prohibited under Section 2-102 | ||
of the Illinois Human Rights Act. | ||
(b) Each ultimate jurisdictional authority shall submit to | ||
the applicable Ethics Commission, at least annually, or more | ||
frequently as required by that Commission, a report that | ||
summarizes the harassment and discrimination prevention sexual | ||
harassment training program that was completed during the | ||
previous year, and lays out the plan for the training program | ||
in the coming year. The report shall include the names of | ||
individuals that failed to complete the required training | ||
program. Each Ethics Commission shall make the reports | ||
available on its website.
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(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19; | ||
revised 9-12-19.) | ||
(5 ILCS 430/20-5)
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Sec. 20-5. Executive Ethics Commission.
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(a) The Executive Ethics Commission is created.
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(b) The Executive Ethics Commission shall consist of 9
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commissioners.
The Governor shall appoint 5 commissioners, and |
the Attorney General, Secretary
of State, Comptroller, and | ||
Treasurer shall each appoint one commissioner.
Appointments | ||
shall be made by and with the advice and consent of the
Senate | ||
by three-fifths of the elected members concurring by record | ||
vote.
Any nomination not acted upon by the Senate within 60 | ||
session days of the
receipt thereof shall be deemed to have | ||
received the advice and consent of
the Senate. If, during a | ||
recess of the Senate, there is a vacancy in an office
of | ||
commissioner, the appointing authority shall make a temporary
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appointment until the next meeting of the Senate when the | ||
appointing
authority shall make a nomination to fill that | ||
office. No person rejected for
an office of commissioner shall, | ||
except by the Senate's request, be
nominated again for that | ||
office at the same session of the Senate or be
appointed to | ||
that office during a recess of that Senate.
No more than 5
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commissioners may be of the same
political party.
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The terms of the initial commissioners shall commence upon | ||
qualification.
Four initial appointees of the Governor, as | ||
designated by the Governor, shall
serve terms running through | ||
June 30, 2007. One initial appointee of the
Governor, as | ||
designated by the Governor, and the initial appointees of the
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Attorney General, Secretary of State, Comptroller, and | ||
Treasurer shall serve
terms running through June 30, 2008.
The | ||
initial appointments shall be made within 60 days
after the | ||
effective date of this Act.
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After the initial terms, commissioners shall serve for |
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
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Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
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Terms shall run regardless of whether the position is | ||
filled.
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(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and shall
appoint commissioners from the general public.
A | ||
person is not eligible to
serve as a commissioner if that | ||
person (i) has been convicted of a
felony or a crime of | ||
dishonesty or moral turpitude, (ii) is, or was
within the | ||
preceding 12 months, engaged in activities that
require | ||
registration under the Lobbyist Registration Act, (iii) is | ||
related
to the appointing authority, or (iv) is a State officer | ||
or employee.
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(d) The Executive Ethics Commission shall have
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jurisdiction over all officers and employees of State agencies | ||
other
than the General Assembly, the Senate, the House of | ||
Representatives,
the President and Minority Leader of the | ||
Senate, the Speaker and
Minority Leader of the House of | ||
Representatives, the Senate
Operations Commission, the | ||
legislative support services agencies, and
the Office of the |
Auditor General.
The Executive Ethics Commission shall have | ||
jurisdiction over all board members and employees of Regional | ||
Transit Boards. The jurisdiction of the
Commission is limited | ||
to matters arising under this Act, except as provided in | ||
subsection (d-5).
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A member or legislative branch State employee serving on an | ||
executive branch board or commission remains subject to the | ||
jurisdiction of the Legislative Ethics Commission and is not | ||
subject to the jurisdiction of the Executive Ethics Commission. | ||
(d-5) The Executive Ethics Commission shall have | ||
jurisdiction over all chief procurement officers and | ||
procurement compliance monitors and their respective staffs. | ||
The Executive Ethics Commission shall have jurisdiction over | ||
any matters arising under the Illinois Procurement Code if the | ||
Commission is given explicit authority in that Code. | ||
(d-6) (1) The Executive Ethics Commission shall have | ||
jurisdiction over the Illinois Power Agency and its staff. The | ||
Director of the Agency shall be appointed by a majority of the | ||
commissioners of the Executive Ethics Commission, subject to | ||
Senate confirmation, for a term of 2 years. The Director is | ||
removable for cause by a majority of the Commission upon a | ||
finding of neglect, malfeasance, absence, or incompetence. | ||
(2) In case of a vacancy in the office of Director of the | ||
Illinois Power Agency during a recess of the Senate, the | ||
Executive Ethics Commission may make a temporary appointment | ||
until the next meeting of the Senate, at which time the |
Executive Ethics Commission shall nominate some person to fill | ||
the office, and any person so nominated who is confirmed by the | ||
Senate shall hold office during the remainder of the term and | ||
until his or her successor is appointed and qualified. Nothing | ||
in this subsection shall prohibit the Executive Ethics | ||
Commission from removing a temporary appointee or from | ||
appointing a temporary appointee as the Director of the | ||
Illinois Power Agency. | ||
(3) Prior to June 1, 2012, the Executive Ethics Commission | ||
may, until the Director of the Illinois Power Agency is | ||
appointed and qualified or a temporary appointment is made | ||
pursuant to paragraph (2) of this subsection, designate some | ||
person as an acting Director to execute the powers and | ||
discharge the duties vested by law in that Director. An acting | ||
Director shall serve no later than 60 calendar days, or upon | ||
the making of an appointment pursuant to paragraph (1) or (2) | ||
of this subsection, whichever is earlier. Nothing in this | ||
subsection shall prohibit the Executive Ethics Commission from | ||
removing an acting Director or from appointing an acting | ||
Director as the Director of the Illinois Power Agency. | ||
(4) No person rejected by the Senate for the office of | ||
Director of the Illinois Power Agency shall, except at the | ||
Senate's request, be nominated again for that office at the | ||
same session or be appointed to that office during a recess of | ||
that Senate. | ||
(d-7) The Executive Ethics Commission shall have |
jurisdiction over complainants and respondents in violation of | ||
subsection (d) of Section 20-90 subsection (e) of Section | ||
20-63 . | ||
(e) The Executive Ethics Commission must meet, either
in | ||
person or by other technological means, at least monthly and as
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often as necessary. At the first meeting of the Executive
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Ethics Commission, the commissioners shall choose from their
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number a chairperson and other officers that they deem | ||
appropriate.
The terms of officers shall be for 2 years | ||
commencing July 1 and
running through June 30 of the second | ||
following year. Meetings shall be held at
the call
of the | ||
chairperson or any 3 commissioners. Official action by the
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Commission shall require the affirmative vote of 5 | ||
commissioners, and
a quorum shall consist of 5 commissioners. | ||
Commissioners shall receive
compensation in an amount equal to | ||
the compensation of members of the State
Board of Elections and | ||
may be
reimbursed for their reasonable expenses actually | ||
incurred in the
performance of their duties.
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(f) No commissioner or employee of the Executive
Ethics | ||
Commission may during his or 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 | ||
except for
appointments on governmental advisory boards or | ||
study commissions or as
otherwise expressly authorized by | ||
law;
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(3) be actively involved in the affairs of any | ||
political party or
political
organization; or
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(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any elective office.
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(g) An appointing authority may remove a commissioner only | ||
for cause.
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(h) The Executive Ethics Commission shall appoint an | ||
Executive Director. The
compensation of the Executive Director | ||
shall be as determined by the Commission. The Executive
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Director of the Executive Ethics Commission may employ and | ||
determine the
compensation of staff, as appropriations permit.
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(i) The Executive Ethics Commission shall appoint, by a | ||
majority of the members appointed to the Commission, chief | ||
procurement officers and may appoint procurement compliance | ||
monitors in accordance with the provisions of the Illinois | ||
Procurement Code. The compensation of a chief procurement | ||
officer and procurement compliance monitor shall be determined | ||
by the Commission. | ||
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19.) | ||
(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 | ||
of an
investigation, determines that reasonable cause exists to | ||
believe that a
violation
has occurred, then
the Executive |
Inspector General shall issue a summary report of the
| ||
investigation. The report shall be delivered to the
appropriate | ||
ultimate jurisdictional
authority and to the head of each State
| ||
agency
affected by or involved in the investigation, if | ||
appropriate. The appropriate ultimate jurisdictional authority | ||
or agency head shall respond to the summary report within 20 | ||
days, in writing, to the Executive Inspector General. The | ||
response shall include a description of any corrective or | ||
disciplinary action to be imposed. If the appropriate ultimate | ||
jurisdictional authority does not respond within 20 days, or | ||
within an extended time period as agreed to by the Executive | ||
Inspector General, an Executive Inspector General may proceed | ||
under subsection (c) as if a response had been received.
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(b) The summary report of the investigation shall include | ||
the following:
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(1) A description of any allegations or other | ||
information
received by the Executive Inspector General | ||
pertinent to the
investigation.
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(2) A description of any alleged misconduct discovered | ||
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 | ||
described in the
report, including but not limited to | ||
discharge.
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(4) Other information the Executive Inspector General
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deems relevant to the investigation or resulting |
recommendations.
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(c) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a),
the Executive Inspector General shall | ||
notify the Commission and the Attorney General if the Executive | ||
Inspector General believes that a complaint should be filed | ||
with the Commission. If the Executive Inspector General desires | ||
to file a
complaint with the Commission, the Executive | ||
Inspector General shall submit the summary report and | ||
supporting documents to the
Attorney General. If the Attorney | ||
General concludes that there is insufficient evidence that a | ||
violation has occurred, the Attorney General shall notify the | ||
Executive Inspector General and the Executive Inspector | ||
General shall deliver to the Executive Ethics Commission a copy | ||
of the summary report and response from the ultimate | ||
jurisdictional authority or agency head.
If the Attorney | ||
General determines
that reasonable cause exists to believe that | ||
a violation has occurred, then the
Executive Inspector
General, | ||
represented by the Attorney
General, may file with the | ||
Executive Ethics Commission a complaint.
The complaint shall | ||
set
forth the alleged violation and the
grounds that exist to | ||
support the complaint. The complaint must be filed with the | ||
Commission within 12 months after the Executive Inspector | ||
General's receipt of the allegation of the violation or within | ||
18 months after the most recent act of the alleged violation or | ||
of a series of alleged violations, whichever is later,
except |
where there is reasonable cause to believe
that fraudulent | ||
concealment has occurred. To constitute fraudulent concealment
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sufficient to toll this limitations period, there must be an | ||
affirmative act or
representation calculated to prevent | ||
discovery of the fact that a violation has
occurred.
If a | ||
complaint is not filed with the Commission
within 6 months | ||
after notice by the Inspector General to the Commission and the
| ||
Attorney General, then the Commission may set a meeting of the | ||
Commission at
which the Attorney General shall appear and | ||
provide a status
report to the Commission.
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(c-5) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), if the Executive Inspector General does | ||
not believe that a complaint should be filed, the Executive | ||
Inspector General shall deliver to the Executive Ethics | ||
Commission a statement setting forth the basis for the decision | ||
not to file a complaint and a copy of the summary report and | ||
response from the ultimate jurisdictional authority or agency | ||
head. An Inspector General may also submit a redacted version | ||
of the summary report and response from the ultimate | ||
jurisdictional authority if the Inspector General believes | ||
either contains information that, in the opinion of the | ||
Inspector General, should be redacted prior to releasing the | ||
report, may interfere with an ongoing investigation, or | ||
identifies an informant or complainant. | ||
(c-10) If, after reviewing the documents, the Commission |
believes that further investigation is warranted, the | ||
Commission may request that the Executive Inspector General | ||
provide additional information or conduct further | ||
investigation. The Commission may also appoint a Special | ||
Executive Inspector General to investigate or refer the summary | ||
report and response from the ultimate jurisdictional authority | ||
to the Attorney General for further investigation or review. If | ||
the Commission requests the Attorney General to investigate or | ||
review, the Commission must notify the Attorney General and the | ||
Inspector General. The Attorney General may not begin an | ||
investigation or review until receipt of notice from the | ||
Commission.
If, after review, the Attorney General determines | ||
that reasonable cause exists to believe that a violation has | ||
occurred, then the Attorney General may file a complaint with | ||
the Executive Ethics Commission. If the Attorney General | ||
concludes that there is insufficient evidence that a violation | ||
has occurred, the Attorney General shall notify the Executive | ||
Ethics Commission and the appropriate Executive Inspector | ||
General. | ||
(d) A copy of the complaint filed with the Executive Ethics | ||
Commission must be served on all respondents named in the
| ||
complaint and on each respondent's ultimate jurisdictional | ||
authority in
the same manner as process is served under the | ||
Code of Civil
Procedure.
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(e) A respondent may file objections to the complaint | ||
within 30 days after notice of the petition has been
served on |
the respondent.
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(f) The Commission shall meet, either in person or by | ||
telephone, at least 30 days after the complaint is served on | ||
all respondents
in a closed session to review the sufficiency | ||
of the complaint.
The Commission shall
issue notice by | ||
certified mail, return receipt requested, to the Executive | ||
Inspector General, Attorney General, and all respondents of
the | ||
Commission's ruling on the sufficiency of the complaint. If the | ||
complaint
is deemed to
sufficiently allege a violation of this | ||
Act, then the Commission shall
include a hearing date scheduled | ||
within 4 weeks after the date of the notice,
unless all of the | ||
parties consent to a later date.
If the complaint is deemed not | ||
to sufficiently allege a
violation, then
the Commission shall | ||
send by certified mail, return receipt requested,
a notice to | ||
the Executive Inspector General, Attorney General, and all | ||
respondents of the decision to dismiss the complaint.
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(g) On the scheduled date
the Commission shall conduct a | ||
closed meeting,
either in person or, if the parties consent, by | ||
telephone, on the complaint and
allow all
parties the | ||
opportunity to present testimony and evidence.
All such | ||
proceedings shall be transcribed.
| ||
(h) Within an appropriate time limit set by rules of the | ||
Executive
Ethics Commission, the Commission shall (i) dismiss | ||
the
complaint, (ii) issue a recommendation of discipline to the
| ||
respondent and the respondent's ultimate jurisdictional | ||
authority, (iii)
impose an administrative fine upon the |
respondent, (iv) issue injunctive relief as described in | ||
Section 50-10, or (v) impose a combination of (ii) through | ||
(iv).
| ||
(i) The proceedings on any complaint filed with the | ||
Commission
shall be conducted pursuant to rules promulgated by | ||
the Commission.
| ||
(j) The Commission may designate hearing officers
to | ||
conduct proceedings as determined by rule of the Commission.
| ||
(k) In all proceedings before the Commission, the standard | ||
of
proof is by a preponderance of the evidence.
| ||
(l) Within 30 days after the issuance of a final | ||
administrative decision that concludes that a violation | ||
occurred, the Executive Ethics Commission shall make public the | ||
entire record of proceedings before the Commission, the | ||
decision, any recommendation, any discipline imposed, and the | ||
response from the agency head or ultimate jurisdictional | ||
authority to the Executive Ethics Commission.
| ||
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.) | ||
(5 ILCS 430/20-63) | ||
Sec. 20-63. Rights of persons subjected to discrimination, | ||
harassment, or sexual harassment. | ||
(a) As used in this Section, "complainant" means a known | ||
person identified in a complaint filed with an Executive | ||
Inspector General as a person subjected to alleged | ||
discrimination, harassment, or sexual harassment in violation |
of Section 5-65 of this Act, subsection (a) of Section 4.7 of | ||
the Lobbyist Registration Act, or Article 2 of the Illinois | ||
Human Rights Act, regardless of whether the complaint is filed | ||
by the person. | ||
(b) A complainant shall have the following rights: | ||
(1) within 5 business days of the Executive Inspector | ||
General receiving a complaint in which the complainant is | ||
identified, to be notified by the Executive Inspector | ||
General of the receipt of the complaint, the complainant's | ||
rights, and an explanation of the process, rules, and | ||
procedures related to the investigation of an allegation, | ||
and the duties of the Executive Inspector General and the | ||
Executive Ethics Commission; | ||
(2) within 5 business days after the Executive | ||
Inspector General's decision to open or close an | ||
investigation into the complaint or refer the complaint to | ||
another appropriate agency, to be notified of the Executive | ||
Inspector General's decision; however, if the Executive | ||
Inspector General reasonably determines that publicly | ||
acknowledging the existence of an investigation would | ||
interfere with the conduct or completion of that | ||
investigation, the notification may be withheld until | ||
public acknowledgment of the investigation would no longer | ||
interfere with that investigation; | ||
(3) after an investigation has been opened, to have any | ||
interviews of the complainant audio recorded by the |
Executive Inspector General and to review, in person and in | ||
the presence of the Executive Inspector General or his or | ||
her designee, any transcript or interview report created | ||
from that audio recorded interview. The complainant may | ||
provide any supplemental statements or evidence throughout | ||
the investigation to review statements and evidence given | ||
to the Executive Inspector General by the complainant and | ||
the Executive Inspector General's summarization of those | ||
statements and evidence, if such summary exists. The | ||
complainant may make suggestions of changes for the | ||
Executive Inspector General's consideration, but the | ||
Executive Inspector General shall have the final authority | ||
to determine what statements, evidence, and summaries are | ||
included in any report of the investigation ; | ||
(4) to have a union representative, attorney, | ||
co-worker, or other support person who is not involved in | ||
the investigation, at the complainant's expense, present | ||
at any interview or meeting, whether in person or by | ||
telephone or audio-visual communication, between the | ||
complainant and the Executive Inspector General or | ||
Executive Ethics Commission; | ||
(5) to submit an impact statement that shall be | ||
included with the Executive Inspector General's summary | ||
report to the Executive Ethics Commission for its | ||
consideration; | ||
(6) to testify at a hearing held under subsection (g) |
of Section 20-50, to the extent the hearing is based on an | ||
allegation of a violation of Section 5-65 of this Act or | ||
subsection (a) of Section 4.7 of the Lobbyist Registration | ||
Act involving the complainant, and have a single union | ||
representative, attorney, co-worker, or other support | ||
person who is not involved in the investigation, at the | ||
complainant's expense, accompany him or her while | ||
testifying; | ||
(7) to review, within 5 business days prior to its | ||
release, any portion of a summary report of the | ||
investigation subject to public release under this Article | ||
related to the allegations concerning the complainant, | ||
after redactions made by the Executive Ethics Commission, | ||
and offer suggestions for redaction or provide a response | ||
that shall be made public with the summary report; and | ||
(8) to file a complaint with the Executive Ethics | ||
Commission for any violation of the complainant's rights | ||
under this Section by the Executive Inspector General. | ||
(c) The complainant shall have the sole discretion in | ||
determining whether to exercise the rights set forth in this | ||
Section. All rights under this Section shall be waived if the | ||
complainant fails to cooperate with the Executive Inspector | ||
General's investigation of the complaint. | ||
(d) The notice requirements imposed on Inspectors General | ||
by this Section shall be waived if the Inspector General is | ||
unable to identify or locate the complainant. |
(e) (Blank). A complainant receiving a copy of any summary | ||
report, in whole or in part, under this Section shall keep the | ||
report confidential and shall not disclose the report prior to | ||
the publication of the report by the Executive Ethics | ||
Commission. A complainant that violates this subsection (e) | ||
shall be subject to an administrative fine by the Executive | ||
Ethics Commission of up to $5,000.
| ||
(Source: P.A. 101-221, eff. 8-9-19.) | ||
(5 ILCS 430/20-90)
| ||
Sec. 20-90. Confidentiality.
| ||
(a) The identity of any individual providing information or | ||
reporting any
possible or alleged
misconduct to an Executive | ||
Inspector General or the Executive Ethics
Commission
shall be | ||
kept confidential and may not be disclosed
without the consent | ||
of that individual, unless the individual consents to
| ||
disclosure of his or her name or disclosure of the individual's | ||
identity is
otherwise required by law. The confidentiality | ||
granted by this subsection does
not preclude the disclosure of | ||
the identity of a person in any capacity other
than as the | ||
source of an allegation.
| ||
(b) Subject to the provisions of Section 20-52, | ||
commissioners, employees,
and agents of the Executive Ethics | ||
Commission,
the Executive Inspectors General, and employees | ||
and agents of each Office of
an
Executive Inspector General, | ||
the Attorney General, and the employees and agents of the |
office of the Attorney General shall keep confidential and | ||
shall not disclose
information exempted from disclosure under | ||
the Freedom of
Information Act or by this Act, provided the | ||
identity of any individual providing information or reporting | ||
any possible or alleged misconduct to the Executive Inspector | ||
General for the Governor may be disclosed to an Inspector | ||
General appointed or employed by a Regional Transit Board in | ||
accordance with Section 75-10.
| ||
(c) In his or her discretion, an Executive Inspector | ||
General may notify complainants and subjects of an | ||
investigation with an update on the status of the respective | ||
investigation, including when the investigation is opened and | ||
closed. | ||
(d) A complainant, as defined in subsection (a) of Section | ||
20-63, or a respondent who receives a copy of any summary | ||
report, in whole or in part, shall keep the report confidential | ||
and shall not disclose the report, or any portion thereof, | ||
prior to the publication of the summary report by the Executive | ||
Ethics Commission pursuant to this Act. A complainant or | ||
respondent who violates this subsection (d) shall be in | ||
violation of this Act and subject to an administrative fine by | ||
the Executive Ethics Commission of up to $5,000. | ||
(Source: P.A. 100-588, eff. 6-8-18.) | ||
(5 ILCS 430/25-5)
| ||
Sec. 25-5. Legislative Ethics Commission.
|
(a) The Legislative Ethics Commission is created.
| ||
(b) The Legislative Ethics Commission shall consist of 8
| ||
commissioners appointed 2 each by the
President and Minority | ||
Leader of the Senate and the Speaker and Minority Leader
of the | ||
House of Representatives.
| ||
The terms of the initial commissioners shall commence upon | ||
qualification.
Each appointing authority shall designate one | ||
appointee who
shall serve for a 2-year term running through
| ||
June 30, 2005.
Each appointing authority shall designate one | ||
appointee who
shall serve for a
4-year term running through | ||
June 30, 2007.
The initial appointments shall be made within 60 | ||
days
after the effective date of this Act.
| ||
After the initial terms, commissioners shall serve for | ||
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
| ||
Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
| ||
Terms shall run regardless of whether the position is | ||
filled.
| ||
(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and may
appoint commissioners who are members of the General | ||
Assembly as well as
commissioners from the general public.
A |
commissioner who is a member of the General Assembly must | ||
recuse himself or
herself from participating in any matter | ||
relating to any investigation or
proceeding in which he or she | ||
is the subject or is a complainant.
A person is not eligible to
| ||
serve as a commissioner if that person (i) has been convicted | ||
of a
felony or a crime of dishonesty or moral turpitude, (ii) | ||
is, or was
within the preceding 12 months, engaged in | ||
activities that
require registration under the Lobbyist | ||
Registration Act, (iii) is a
relative of the appointing | ||
authority, (iv) is a State officer or employee
other than a | ||
member of the General Assembly, or (v) is a candidate for | ||
statewide office, federal office, or judicial office.
| ||
(c-5) If a commissioner is required to recuse himself or | ||
herself from participating in a matter as provided in | ||
subsection (c), the recusal shall create a temporary vacancy | ||
for the limited purpose of consideration of the matter for | ||
which the commissioner recused himself or herself, and the | ||
appointing authority for the recusing commissioner shall make a | ||
temporary appointment to fill the vacancy for consideration of | ||
the matter for which the commissioner recused himself or | ||
herself. | ||
(d) The Legislative Ethics Commission shall have
| ||
jurisdiction over current and former members of the General | ||
Assembly regarding events occurring during a member's term of | ||
office and
current and former State
employees regarding events | ||
occurring during any period of employment where the State |
employee's ultimate jurisdictional authority is
(i) a | ||
legislative leader, (ii) the Senate Operations Commission, or | ||
(iii) the
Joint Committee on Legislative Support Services. The | ||
Legislative Ethics Commission shall have jurisdiction over | ||
complainants and respondents in violation of subsection (d) of | ||
Section 25-90 subsection (e) of Section 25-63 . The jurisdiction | ||
of the
Commission is limited to matters arising under this Act.
| ||
An officer or executive branch State employee serving on a | ||
legislative branch board or commission remains subject to the | ||
jurisdiction of the Executive Ethics Commission and is not | ||
subject to the jurisdiction of the Legislative Ethics | ||
Commission. | ||
(e) The Legislative Ethics Commission must meet, either
in | ||
person or by other technological means, monthly or as
often as | ||
necessary. At the first meeting of the Legislative
Ethics | ||
Commission, the commissioners shall choose from their
number a | ||
chairperson and other officers that they deem appropriate.
The | ||
terms of officers shall be for 2 years commencing July 1 and
| ||
running through June 30 of the second following year. Meetings | ||
shall be held at
the call
of the chairperson or any 3 | ||
commissioners. Official action by the
Commission shall require | ||
the affirmative vote of 5 commissioners, and
a quorum shall | ||
consist of 5 commissioners. Commissioners shall receive
no | ||
compensation but
may be
reimbursed for their reasonable | ||
expenses actually incurred in the
performance of their duties.
| ||
(f) No commissioner, other than a commissioner who is a |
member of the
General
Assembly, or employee of the Legislative
| ||
Ethics Commission may during his or her term of appointment or | ||
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office
| ||
except for appointments on governmental advisory boards
or | ||
study commissions or as otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or political
organization; or
| ||
(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any
elective office.
| ||
(f-5) No commissioner who is a member of the General | ||
Assembly may be a candidate for statewide office, federal | ||
office, or judicial office. If a commissioner who is a member | ||
of the General Assembly files petitions to be a candidate for a | ||
statewide office, federal office, or judicial office, he or she | ||
shall be deemed to have resigned from his or her position as a | ||
commissioner on the date his or her name is certified for the | ||
ballot by the State Board of Elections or local election | ||
authority and his or her position as a commissioner shall be | ||
deemed vacant. Such person may not be reappointed to the | ||
Commission during any time he or she is a candidate for | ||
statewide office, federal office, or judicial office. | ||
(g) An appointing authority may remove a
commissioner only |
for cause.
| ||
(h) The Legislative Ethics Commission shall appoint an
| ||
Executive Director subject to the approval of at least 3 of the | ||
4 legislative leaders. The compensation of the Executive | ||
Director shall
be as determined by the Commission. The | ||
Executive Director of the Legislative
Ethics Commission may | ||
employ, subject to the approval of at least 3 of the 4 | ||
legislative leaders, and determine the
compensation of staff, | ||
as appropriations permit.
| ||
(i) In consultation with the Legislative Inspector | ||
General, the Legislative Ethics Commission may develop | ||
comprehensive training for members and employees under its | ||
jurisdiction that includes, but is not limited to, sexual | ||
harassment, employment discrimination, and workplace civility. | ||
The training may be recommended to the ultimate jurisdictional | ||
authorities and may be approved by the Commission to satisfy | ||
the sexual harassment training required under Section 5-10.5 or | ||
be provided in addition to the annual sexual harassment | ||
training required under Section 5-10.5. The Commission may seek | ||
input from governmental agencies or private entities for | ||
guidance in developing such training. | ||
(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | ||
101-221, eff. 8-9-19.) | ||
(5 ILCS 430/25-50)
| ||
Sec. 25-50. Investigation reports.
|
(a) If the Legislative Inspector General, upon the | ||
conclusion of an
investigation, determines that reasonable | ||
cause exists to believe that a
violation
has occurred, then
the | ||
Legislative Inspector General shall issue a summary report of | ||
the
investigation. The report shall be delivered to the
| ||
appropriate ultimate jurisdictional
authority, to the head of | ||
each State
agency
affected by or involved in the investigation, | ||
if appropriate, and the member, if any, that is the subject of | ||
the report. The appropriate ultimate jurisdictional authority | ||
or agency head and the member, if any, that is the subject of | ||
the report shall respond to the summary report within 20 days, | ||
in writing, to the Legislative Inspector General. If the | ||
ultimate jurisdictional authority is the subject of the report, | ||
he or she may only respond to the summary report in his or her | ||
capacity as the subject of the report and shall not respond in | ||
his or her capacity as the ultimate jurisdictional authority. | ||
The response shall include a description of any corrective or | ||
disciplinary action to be imposed. If the appropriate ultimate | ||
jurisdictional authority or the member that is the subject of | ||
the report does not respond within 20 days, or within an | ||
extended time as agreed to by the Legislative Inspector | ||
General, the Legislative Inspector General may proceed under | ||
subsection (c) as if a response had been received. A member | ||
receiving and responding to a report under this Section shall | ||
be deemed to be acting in his or her official capacity.
| ||
(b) The summary report of the investigation shall include |
the following:
| ||
(1) A description of any allegations or other | ||
information
received by the Legislative Inspector General | ||
pertinent to the
investigation.
| ||
(2) A description of any alleged misconduct discovered | ||
in the
course of the investigation.
| ||
(3) Recommendations for any corrective or disciplinary
| ||
action to be taken in response to any alleged misconduct | ||
described in the
report, including , but not limited to , | ||
discharge.
| ||
(4) Other information the Legislative Inspector | ||
General
deems relevant to the investigation or resulting | ||
recommendations.
| ||
(c) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), the Legislative Inspector General shall | ||
notify the Commission and the Attorney General if the | ||
Legislative Inspector General believes that a complaint should | ||
be filed with the Commission. If
the Legislative Inspector | ||
General desires to file a
complaint with the Commission, the | ||
Legislative Inspector General shall submit the summary report | ||
and supporting documents to
the
Attorney General. If the | ||
Attorney General concludes that there is insufficient evidence | ||
that a violation has occurred, the Attorney General shall | ||
notify the Legislative Inspector General and the Legislative | ||
Inspector General shall deliver to the Legislative Ethics |
Commission a copy of the summary report and response from the | ||
ultimate jurisdictional authority or agency head.
If the | ||
Attorney General determines
that reasonable cause exists to | ||
believe that a violation has occurred, then the
Legislative | ||
Inspector
General, represented by the Attorney
General, may | ||
file with the Legislative Ethics Commission a complaint.
The | ||
complaint shall set
forth the alleged violation and the
grounds | ||
that exist to support the complaint. Except as provided under | ||
subsection (1.5) of Section 20, the complaint must be filed | ||
with the Commission within 12 months after the Legislative | ||
Inspector General's receipt of the allegation of the violation | ||
or within 18 months after the most recent act of the alleged | ||
violation or of a series of alleged violations, whichever is | ||
later,
except where there is reasonable cause to believe
that | ||
fraudulent concealment has occurred. To constitute fraudulent | ||
concealment
sufficient to toll this limitations period, there | ||
must be an affirmative act or
representation calculated to | ||
prevent discovery of the fact that a violation has
occurred.
If | ||
a complaint is not filed with the Commission
within 6 months | ||
after notice by the Inspector General to the Commission and the
| ||
Attorney General, then the Commission may set a meeting of the | ||
Commission at
which the Attorney General shall appear and | ||
provide a status
report to the Commission.
| ||
(c-5) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), if the Legislative Inspector General does |
not believe that a complaint should be filed, the Legislative | ||
Inspector General shall deliver to the Legislative Ethics | ||
Commission a statement setting forth the basis for the decision | ||
not to file a complaint and a copy of the summary report and | ||
response from the ultimate jurisdictional authority or agency | ||
head. The Inspector General may also submit a redacted version | ||
of the summary report and response from the ultimate | ||
jurisdictional authority if the Inspector General believes | ||
either contains information that, in the opinion of the | ||
Inspector General, should be redacted prior to releasing the | ||
report, may interfere with an ongoing investigation, or | ||
identifies an informant or complainant. | ||
(c-10) If, after reviewing the documents, the Commission | ||
believes that further investigation is warranted, the | ||
Commission may request that the Legislative Inspector General | ||
provide additional information or conduct further | ||
investigation. The Commission may also refer the summary report | ||
and response from the ultimate jurisdictional authority to the | ||
Attorney General for further investigation or review. If the | ||
Commission requests the Attorney General to investigate or | ||
review, the Commission must notify the Attorney General and the | ||
Legislative Inspector General. The Attorney General may not | ||
begin an investigation or review until receipt of notice from | ||
the Commission. If, after review, the Attorney General | ||
determines that reasonable cause exists to believe that a | ||
violation has occurred, then the Attorney General may file a |
complaint with the Legislative Ethics Commission. If the | ||
Attorney General concludes that there is insufficient evidence | ||
that a violation has occurred, the Attorney General shall | ||
notify the Legislative Ethics Commission and the appropriate | ||
Legislative Inspector General. | ||
(d) A copy of the complaint filed with the Legislative | ||
Ethics Commission must be served on all respondents named in | ||
the
complaint and on each respondent's ultimate jurisdictional | ||
authority in
the same manner as process is served under the | ||
Code of Civil
Procedure.
| ||
(e) A respondent may file objections to the complaint | ||
within 30 days after notice of the petition has been
served on | ||
the respondent.
| ||
(f) The Commission shall meet, at least 30 days after the | ||
complaint is served on all respondents either in person or by | ||
telephone,
in a closed session to review the sufficiency of the | ||
complaint.
The Commission shall
issue notice by certified mail, | ||
return receipt requested, to the Legislative Inspector | ||
General, the Attorney General, and all respondents of
the | ||
Commission's ruling on the sufficiency of the complaint. If the | ||
complaint
is deemed to
sufficiently allege a violation of this | ||
Act, then the Commission shall
include a hearing date scheduled | ||
within 4 weeks after the date of the notice,
unless all of the | ||
parties consent to a later date.
If the complaint is deemed not | ||
to sufficiently allege a
violation, then
the Commission shall | ||
send by certified mail, return receipt requested,
a notice to |
the Legislative Inspector General, the Attorney General, and | ||
all respondents the decision to dismiss the complaint.
| ||
(g) On the scheduled date
the Commission shall conduct a | ||
closed meeting,
either in person or, if the parties consent, by | ||
telephone, on the complaint and
allow all
parties the | ||
opportunity to present testimony and evidence.
All such | ||
proceedings shall be transcribed.
| ||
(h) Within an appropriate time limit set by rules of the | ||
Legislative
Ethics Commission, the Commission shall (i) | ||
dismiss the
complaint, (ii) issue a recommendation of | ||
discipline to the
respondent and the respondent's ultimate | ||
jurisdictional authority, (iii)
impose an administrative fine | ||
upon the respondent, (iv) issue injunctive relief as described | ||
in Section 50-10, or (v) impose a combination of items (ii) | ||
through (iv).
| ||
(i) The proceedings on any complaint filed with the | ||
Commission
shall be conducted pursuant to rules promulgated by | ||
the Commission.
| ||
(j) The Commission may designate hearing officers
to | ||
conduct proceedings as determined by rule of the Commission.
| ||
(k) In all proceedings before the Commission, the standard | ||
of
proof is by a preponderance of the evidence.
| ||
(l) Within 30 days after the issuance of a final | ||
administrative decision that concludes that a violation | ||
occurred, the Legislative Ethics Commission shall make public | ||
the entire record of proceedings before the Commission, the |
decision, any recommendation, any discipline imposed, and the | ||
response from the agency head or ultimate jurisdictional | ||
authority to the Legislative Ethics Commission.
| ||
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | ||
revised 9-12-19.) | ||
(5 ILCS 430/25-63) | ||
Sec. 25-63. Rights of persons subjected to discrimination, | ||
harassment, or sexual harassment. | ||
(a) As used in this Section, "complainant" means a known | ||
person identified in a complaint filed with the Legislative | ||
Inspector General as a person subjected to alleged | ||
discrimination, harassment, or sexual harassment in violation | ||
of Section 5-65 of this Act or Article 2 of the Illinois Human | ||
Rights Act, regardless of whether the complaint is filed by the | ||
person. | ||
(b) A complainant shall have the following rights: | ||
(1) within 5 business days of the Legislative Inspector | ||
General receiving a complaint in which the complainant is | ||
identified, to be notified by the Legislative Inspector | ||
General of the receipt of the complaint, the complainant's | ||
rights, and an explanation of the process, rules, and | ||
procedures related to the investigation of investigating | ||
an allegation, and the duties of the Legislative Inspector | ||
General and the Legislative Ethics Commission; | ||
(2) within 5 business days after the Legislative |
Inspector General's decision to open or close an | ||
investigation into the complaint or refer the complaint to | ||
another appropriate agency, to be notified of the | ||
Legislative Inspector General's decision; however, if the | ||
Legislative Inspector General reasonably determines that | ||
publicly acknowledging the existence of an investigation | ||
would interfere with the conduct or completion of that | ||
investigation, the notification may be withheld until | ||
public acknowledgment of the investigation would no longer | ||
interfere with that investigation; | ||
(3) after an investigation has been opened, to have any | ||
interviews of the complainant audio recorded by the | ||
Legislative Inspector General and to review, in person and | ||
in the presence of the Legislative Inspector General or his | ||
or her designee, any transcript or interview report created | ||
from that audio recorded interview. The complainant may | ||
provide any supplemental statements or evidence throughout | ||
the investigation to review statements and evidence given | ||
to the Legislative Inspector General by the complainant and | ||
the Legislative Inspector General's summarization of those | ||
statements and evidence, if such summary exists. The | ||
complainant may make suggestions of changes for the | ||
Legislative Inspector General's consideration, but the | ||
Legislative Inspector General shall have the final | ||
authority to determine what statements, evidence, and | ||
summaries are included in any report of the investigation ; |
(4) to have a union representative, attorney, | ||
co-worker, or other support person who is not involved in | ||
the investigation, at the complainant's expense, present | ||
at any interview or meeting, whether in person or by | ||
telephone or audio-visual communication, between the | ||
complainant and the Legislative Inspector General or | ||
Legislative Ethics Commission; | ||
(5) to submit a complainant impact statement that shall | ||
be included with the Legislative Inspector General's | ||
summary report to the Legislative Ethics Commission for its | ||
consideration; | ||
(6) to testify at a hearing held under subsection (g) | ||
of Section 25-50, to the extent the hearing is based on an | ||
allegation of a violation of Section 5-65 of this Act | ||
involving the complainant, and have a single union | ||
representative, attorney, co-worker, or other support | ||
person who is not involved in the investigation, at the | ||
complainant's expense, accompany him or her while | ||
testifying; | ||
(7) to review, within 5 business days prior to its | ||
release, any portion of a summary report of the | ||
investigation subject to public release under this Article | ||
related to the allegations concerning the complainant, | ||
after redactions made by the Legislative Ethics | ||
Commission, and offer suggestions for redaction or provide | ||
a response that shall be made public with the summary |
report; and | ||
(8) to file a complaint with the Legislative Ethics | ||
Commission for any violation of the complainant's rights | ||
under this Section by the Legislative Inspector General. | ||
(c) The complainant shall have the sole discretion in | ||
determining whether or not to exercise the rights set forth in | ||
this Section. All rights under this Section shall be waived if | ||
the complainant fails to cooperate with the Legislative | ||
Inspector General's investigation of the complaint. | ||
(d) The notice requirements imposed on the Legislative | ||
Inspector General by this Section shall be waived if the | ||
Legislative Inspector General is unable to identify or locate | ||
the complainant. | ||
(e) (Blank). A complainant receiving a copy of any summary | ||
report, in whole or in part, under this Section shall keep the | ||
report confidential and shall not disclose the report prior to | ||
the publication of the report by the Legislative Ethics | ||
Commission. A complainant that violates this subsection (e) | ||
shall be subject to an administrative fine by the Legislative | ||
Ethics Commission of up to $5,000.
| ||
(Source: P.A. 101-221, eff. 8-9-19; revised 9-12-19.) | ||
(5 ILCS 430/25-90)
| ||
Sec. 25-90. Confidentiality.
| ||
(a) The identity of any individual providing information or | ||
reporting any
possible or alleged
misconduct to the Legislative |
Inspector General or the Legislative Ethics
Commission
shall be | ||
kept confidential and may not be disclosed
without the consent | ||
of that individual, unless the individual consents to
| ||
disclosure of his or her name or disclosure of the individual's | ||
identity is
otherwise required by law. The confidentiality | ||
granted by this subsection does
not preclude the disclosure of | ||
the identity of a person in any capacity other
than as the | ||
source of an allegation.
| ||
(b) Subject to the provisions of Section 25-50(c), | ||
commissioners, employees,
and agents of the Legislative Ethics
| ||
Commission, the Legislative Inspector General, and employees | ||
and agents of the
Office of the Legislative Inspector General | ||
shall keep confidential and shall
not disclose information | ||
exempted from disclosure under the
Freedom of Information Act | ||
or by this Act.
| ||
(c) In his or her discretion, the Legislative Inspector | ||
General may notify complainants and subjects of an | ||
investigation with an update on the status of the respective | ||
investigation, including when the investigation is opened and | ||
closed. | ||
(d) A complainant, as defined in subsection (a) of Section | ||
25-63, or a respondent who receives a copy of any summary | ||
report, in whole or in part, shall keep the report confidential | ||
and shall not disclose the report, or any portion thereof, | ||
prior to the publication of the summary report by the | ||
Legislative Ethics Commission pursuant to this Act. A |
complainant or respondent who violates this subsection (d) | ||
shall be in violation of this Act and subject to an | ||
administrative fine by the Legislative Ethics Commission of up | ||
to $5,000. | ||
(Source: P.A. 100-588, eff. 6-8-18.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|