SB3965 EngrossedLRB096 24159 RLJ 43594 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 1-5, 20-5, 20-10, 20-20, 20-21,
620-23, 20-50, 20-55, 20-70, and 70-5 as follows:
 
7    (5 ILCS 430/1-5)
8    Sec. 1-5. Definitions. As used in this Act:
9    "Appointee" means a person appointed to a position in or
10with a State agency, regardless of whether the position is
11compensated.
12    "Campaign for elective office" means any activity in
13furtherance of an effort to influence the selection,
14nomination, election, or appointment of any individual to any
15federal, State, or local public office or office in a political
16organization, or the selection, nomination, or election of
17Presidential or Vice-Presidential electors, but does not
18include activities (i) relating to the support or opposition of
19any executive, legislative, or administrative action (as those
20terms are defined in Section 2 of the Lobbyist Registration
21Act), (ii) relating to collective bargaining, or (iii) that are
22otherwise in furtherance of the person's official State duties.
23    "Candidate" means a person who has filed nominating papers

 

 

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1or petitions for nomination or election to an elected State
2office, or who has been appointed to fill a vacancy in
3nomination, and who remains eligible for placement on the
4ballot at either a general primary election or general
5election.
6    "Collective bargaining" has the same meaning as that term
7is defined in Section 3 of the Illinois Public Labor Relations
8Act.
9    "Commission" means an ethics commission created by this
10Act.
11    "Compensated time" means any time worked by or credited to
12a State employee that counts toward any minimum work time
13requirement imposed as a condition of employment with a State
14agency, but does not include any designated State holidays or
15any period when the employee is on a leave of absence.
16    "Compensatory time off" means authorized time off earned by
17or awarded to a State employee to compensate in whole or in
18part for time worked in excess of the minimum work time
19required of that employee as a condition of employment with a
20State agency.
21    "Contribution" has the same meaning as that term is defined
22in Section 9-1.4 of the Election Code.
23    "Employee" means (i) any person employed full-time,
24part-time, or pursuant to a contract and whose employment
25duties are subject to the direction and control of an employer
26with regard to the material details of how the work is to be

 

 

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1performed or (ii) any appointed or elected commissioner,
2trustee, director, or board member of a board of a State
3agency, including any retirement system or investment board
4subject to the Illinois Pension Code or (iii) any other
5appointee.
6    "Employment benefits" include but are not limited to the
7following: modified compensation or benefit terms; compensated
8time off; or change of title, job duties, or location of office
9or employment. An employment benefit may also include favorable
10treatment in determining whether to bring any disciplinary or
11similar action or favorable treatment during the course of any
12disciplinary or similar action or other performance review.
13    "Executive branch constitutional officer" means the
14Governor, Lieutenant Governor, Attorney General, Secretary of
15State, Comptroller, and Treasurer.
16    "Gift" means any gratuity, discount, entertainment,
17hospitality, loan, forbearance, or other tangible or
18intangible item having monetary value including, but not
19limited to, cash, food and drink, and honoraria for speaking
20engagements related to or attributable to government
21employment or the official position of an employee, member, or
22officer.
23    "Governmental entity" means a unit of local government
24(including a community college district) or a school district
25but not a State agency.
26    "Leave of absence" means any period during which a State

 

 

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1employee does not receive (i) compensation for State
2employment, (ii) service credit towards State pension
3benefits, and (iii) health insurance benefits paid for by the
4State.
5    "Legislative branch constitutional officer" means a member
6of the General Assembly and the Auditor General.
7    "Legislative leader" means the President and Minority
8Leader of the Senate and the Speaker and Minority Leader of the
9House of Representatives.
10    "Member" means a member of the General Assembly.
11    "Officer" means an executive branch constitutional officer
12or a legislative branch constitutional officer.
13    "Political" means any activity in support of or in
14connection with any campaign for elective office or any
15political organization, but does not include activities (i)
16relating to the support or opposition of any executive,
17legislative, or administrative action (as those terms are
18defined in Section 2 of the Lobbyist Registration Act), (ii)
19relating to collective bargaining, or (iii) that are otherwise
20in furtherance of the person's official State duties or
21governmental and public service functions.
22    "Political organization" means a party, committee,
23association, fund, or other organization (whether or not
24incorporated) that is required to file a statement of
25organization with the State Board of Elections or a county
26clerk under Section 9-3 of the Election Code, but only with

 

 

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1regard to those activities that require filing with the State
2Board of Elections or a county clerk.
3    "Prohibited political activity" means:
4        (1) Preparing for, organizing, or participating in any
5    political meeting, political rally, political
6    demonstration, or other political event.
7        (2) Soliciting contributions, including but not
8    limited to the purchase of, selling, distributing, or
9    receiving payment for tickets for any political
10    fundraiser, political meeting, or other political event.
11        (3) Soliciting, planning the solicitation of, or
12    preparing any document or report regarding any thing of
13    value intended as a campaign contribution.
14        (4) Planning, conducting, or participating in a public
15    opinion poll in connection with a campaign for elective
16    office or on behalf of a political organization for
17    political purposes or for or against any referendum
18    question.
19        (5) Surveying or gathering information from potential
20    or actual voters in an election to determine probable vote
21    outcome in connection with a campaign for elective office
22    or on behalf of a political organization for political
23    purposes or for or against any referendum question.
24        (6) Assisting at the polls on election day on behalf of
25    any political organization or candidate for elective
26    office or for or against any referendum question.

 

 

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1        (7) Soliciting votes on behalf of a candidate for
2    elective office or a political organization or for or
3    against any referendum question or helping in an effort to
4    get voters to the polls.
5        (8) Initiating for circulation, preparing,
6    circulating, reviewing, or filing any petition on behalf of
7    a candidate for elective office or for or against any
8    referendum question.
9        (9) Making contributions on behalf of any candidate for
10    elective office in that capacity or in connection with a
11    campaign for elective office.
12        (10) Preparing or reviewing responses to candidate
13    questionnaires in connection with a campaign for elective
14    office or on behalf of a political organization for
15    political purposes.
16        (11) Distributing, preparing for distribution, or
17    mailing campaign literature, campaign signs, or other
18    campaign material on behalf of any candidate for elective
19    office or for or against any referendum question.
20        (12) Campaigning for any elective office or for or
21    against any referendum question.
22        (13) Managing or working on a campaign for elective
23    office or for or against any referendum question.
24        (14) Serving as a delegate, alternate, or proxy to a
25    political party convention.
26        (15) Participating in any recount or challenge to the

 

 

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1    outcome of any election, except to the extent that under
2    subsection (d) of Section 6 of Article IV of the Illinois
3    Constitution each house of the General Assembly shall judge
4    the elections, returns, and qualifications of its members.
5    "Prohibited source" means any person or entity who:
6        (1) is seeking official action (i) by the member or
7    officer or (ii) in the case of an employee, by the employee
8    or by the member, officer, State agency, or other employee
9    directing the employee;
10        (2) does business or seeks to do business (i) with the
11    member or officer or (ii) in the case of an employee, with
12    the employee or with the member, officer, State agency, or
13    other employee directing the employee;
14        (3) conducts activities regulated (i) by the member or
15    officer or (ii) in the case of an employee, by the employee
16    or by the member, officer, State agency, or other employee
17    directing the employee;
18        (4) has interests that may be substantially affected by
19    the performance or non-performance of the official duties
20    of the member, officer, or employee;
21        (5) is registered or required to be registered with the
22    Secretary of State under the Lobbyist Registration Act,
23    except that an entity not otherwise a prohibited source
24    does not become a prohibited source merely because a
25    registered lobbyist is one of its members or serves on its
26    board of directors; or

 

 

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1        (6) is an agent of, a spouse of, or an immediate family
2    member who is living with a "prohibited source".
3    "Service Boards" means the Board of the Commuter Rail
4Division of the Regional Transportation Authority, the Board of
5the Suburban Bus Division of the Regional Transportation
6Authority, and the Board of the Chicago Transit Authority
7established under the Metropolitan Transit Authority Act.
8    "State agency" includes all officers, boards, commissions
9and agencies created by the Constitution, whether in the
10executive or legislative branch; all officers, departments,
11boards, commissions, agencies, institutions, authorities,
12public institutions of higher learning as defined in Section 2
13of the Higher Education Cooperation Act (except community
14colleges), and bodies politic and corporate of the State; and
15administrative units or corporate outgrowths of the State
16government which are created by or pursuant to statute, other
17than units of local government (including community college
18districts) and their officers, school districts, and boards of
19election commissioners; and all administrative units and
20corporate outgrowths of the above and as may be created by
21executive order of the Governor. "State agency" includes the
22General Assembly, the Senate, the House of Representatives, the
23President and Minority Leader of the Senate, the Speaker and
24Minority Leader of the House of Representatives, the Senate
25Operations Commission, and the legislative support services
26agencies. "State agency" includes the Office of the Auditor

 

 

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1General. "State agency" includes all board members, officers,
2and employees of the Regional Transportation Authority and each
3of the Service Boards. "State agency" does not include the
4judicial branch.
5    "State employee" means any employee of a State agency.
6    "Ultimate jurisdictional authority" means the following:
7        (1) For members, legislative partisan staff, and
8    legislative secretaries, the appropriate legislative
9    leader: President of the Senate, Minority Leader of the
10    Senate, Speaker of the House of Representatives, or
11    Minority Leader of the House of Representatives.
12        (2) For State employees who are professional staff or
13    employees of the Senate and not covered under item (1), the
14    Senate Operations Commission.
15        (3) For State employees who are professional staff or
16    employees of the House of Representatives and not covered
17    under item (1), the Speaker of the House of
18    Representatives.
19        (4) For State employees who are employees of the
20    legislative support services agencies, the Joint Committee
21    on Legislative Support Services.
22        (5) For State employees of the Auditor General, the
23    Auditor General.
24        (6) For State employees of public institutions of
25    higher learning as defined in Section 2 of the Higher
26    Education Cooperation Act (except community colleges), the

 

 

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1    board of trustees of the appropriate public institution of
2    higher learning.
3        (7) For State employees of an executive branch
4    constitutional officer other than those described in
5    paragraph (6), the appropriate executive branch
6    constitutional officer.
7        (8) For State employees not under the jurisdiction of
8    paragraph (1), (2), (3), (4), (5), (6), or (7), the
9    Governor.
10(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555,
11eff. 8-18-09.)
 
12    (5 ILCS 430/20-5)
13    Sec. 20-5. Executive Ethics Commission.
14    (a) The Executive Ethics Commission is created.
15    (b) The Executive Ethics Commission shall consist of 9
16commissioners. The Governor shall appoint 5 commissioners, and
17the Attorney General, Secretary of State, Comptroller, and
18Treasurer shall each appoint one commissioner. Appointments
19shall be made by and with the advice and consent of the Senate
20by three-fifths of the elected members concurring by record
21vote. Any nomination not acted upon by the Senate within 60
22session days of the receipt thereof shall be deemed to have
23received the advice and consent of the Senate. If, during a
24recess of the Senate, there is a vacancy in an office of
25commissioner, the appointing authority shall make a temporary

 

 

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1appointment until the next meeting of the Senate when the
2appointing authority shall make a nomination to fill that
3office. No person rejected for an office of commissioner shall,
4except by the Senate's request, be nominated again for that
5office at the same session of the Senate or be appointed to
6that office during a recess of that Senate. No more than 5
7commissioners may be of the same political party.
8    The terms of the initial commissioners shall commence upon
9qualification. Four initial appointees of the Governor, as
10designated by the Governor, shall serve terms running through
11June 30, 2007. One initial appointee of the Governor, as
12designated by the Governor, and the initial appointees of the
13Attorney General, Secretary of State, Comptroller, and
14Treasurer shall serve terms running through June 30, 2008. The
15initial appointments shall be made within 60 days after the
16effective date of this Act.
17    After the initial terms, commissioners shall serve for
184-year terms commencing on July 1 of the year of appointment
19and running through June 30 of the fourth following year.
20Commissioners may be reappointed to one or more subsequent
21terms.
22    Vacancies occurring other than at the end of a term shall
23be filled by the appointing authority only for the balance of
24the term of the commissioner whose office is vacant.
25    Terms shall run regardless of whether the position is
26filled.

 

 

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1    (c) The appointing authorities shall appoint commissioners
2who have experience holding governmental office or employment
3and shall appoint commissioners from the general public. A
4person is not eligible to serve as a commissioner if that
5person (i) has been convicted of a felony or a crime of
6dishonesty or moral turpitude, (ii) is, or was within the
7preceding 12 months, engaged in activities that require
8registration under the Lobbyist Registration Act, (iii) is
9related to the appointing authority, or (iv) is a State officer
10or employee.
11    (d) The Executive Ethics Commission shall have
12jurisdiction over all officers and employees of State agencies
13other than the General Assembly, the Senate, the House of
14Representatives, the President and Minority Leader of the
15Senate, the Speaker and Minority Leader of the House of
16Representatives, the Senate Operations Commission, the
17legislative support services agencies, and the Office of the
18Auditor General. The jurisdiction of the Commission is limited
19to matters arising under this Act.
20    A member or legislative branch State employee serving on an
21executive branch board or commission remains subject to the
22jurisdiction of the Legislative Ethics Commission and is not
23subject to the jurisdiction of the Executive Ethics Commission.
24    (d-5) The Executive Ethics Commission shall have
25jurisdiction over all chief procurement officers and
26procurement compliance monitors and their respective staffs.

 

 

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1The Executive Ethics Commission shall have jurisdiction over
2any matters arising under the Illinois Procurement Code if the
3Commission is given explicit authority in that Code.
4    (d-10) The Executive Ethics Commission shall have
5jurisdiction over all board members, officers, and employees of
6the Regional Transportation Authority and each of the Service
7Boards.
8    (e) The Executive Ethics Commission must meet, either in
9person or by other technological means, at least monthly and as
10often as necessary. At the first meeting of the Executive
11Ethics Commission, the commissioners shall choose from their
12number a chairperson and other officers that they deem
13appropriate. The terms of officers shall be for 2 years
14commencing July 1 and running through June 30 of the second
15following year. Meetings shall be held at the call of the
16chairperson or any 3 commissioners. Official action by the
17Commission shall require the affirmative vote of 5
18commissioners, and a quorum shall consist of 5 commissioners.
19Commissioners shall receive compensation in an amount equal to
20the compensation of members of the State Board of Elections and
21may be reimbursed for their reasonable expenses actually
22incurred in the performance of their duties.
23    (f) No commissioner or employee of the Executive Ethics
24Commission may during his or her term of appointment or
25employment:
26        (1) become a candidate for any elective office;

 

 

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1        (2) hold any other elected or appointed public office
2    except for appointments on governmental advisory boards or
3    study commissions or as otherwise expressly authorized by
4    law;
5        (3) be actively involved in the affairs of any
6    political party or political organization; or
7        (4) advocate for the appointment of another person to
8    an appointed or elected office or position or actively
9    participate in any campaign for any elective office.
10    (g) An appointing authority may remove a commissioner only
11for cause.
12    (h) The Executive Ethics Commission shall appoint an
13Executive Director. The compensation of the Executive Director
14shall be as determined by the Commission. The Executive
15Director of the Executive Ethics Commission may employ and
16determine the compensation of staff, as appropriations permit.
17    (i) The Executive Ethics Commission shall appoint, by a
18majority of the members appointed to the Commission, chief
19procurement officers and procurement compliance monitors in
20accordance with the provisions of the Illinois Procurement
21Code. The compensation of a chief procurement officer and
22procurement compliance monitor shall be determined by the
23Commission.
24(Source: P.A. 96-555, eff. 8-18-09.)
 
25    (5 ILCS 430/20-10)

 

 

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1    Sec. 20-10. Offices of Executive Inspectors General.
2    (a) Five independent Offices of the Executive Inspector
3General are created, one each for the Governor, the Attorney
4General, the Secretary of State, the Comptroller, and the
5Treasurer. Each Office shall be under the direction and
6supervision of an Executive Inspector General and shall be a
7fully independent office with separate appropriations.
8    (b) The Governor, Attorney General, Secretary of State,
9Comptroller, and Treasurer shall each appoint an Executive
10Inspector General, without regard to political affiliation and
11solely on the basis of integrity and demonstrated ability.
12Appointments shall be made by and with the advice and consent
13of the Senate by three-fifths of the elected members concurring
14by record vote. Any nomination not acted upon by the Senate
15within 60 session days of the receipt thereof shall be deemed
16to have received the advice and consent of the Senate. If,
17during a recess of the Senate, there is a vacancy in an office
18of Executive Inspector General, the appointing authority shall
19make a temporary appointment until the next meeting of the
20Senate when the appointing authority shall make a nomination to
21fill that office. No person rejected for an office of Executive
22Inspector General shall, except by the Senate's request, be
23nominated again for that office at the same session of the
24Senate or be appointed to that office during a recess of that
25Senate.
26    Nothing in this Article precludes the appointment by the

 

 

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1Governor, Attorney General, Secretary of State, Comptroller,
2or Treasurer of any other inspector general required or
3permitted by law. The Governor, Attorney General, Secretary of
4State, Comptroller, and Treasurer each may appoint an existing
5inspector general as the Executive Inspector General required
6by this Article, provided that such an inspector general is not
7prohibited by law, rule, jurisdiction, qualification, or
8interest from serving as the Executive Inspector General
9required by this Article. An appointing authority may not
10appoint a relative as an Executive Inspector General.
11    Each Executive Inspector General shall have the following
12qualifications:
13        (1) has not been convicted of any felony under the laws
14    of this State, another State, or the United States;
15        (2) has earned a baccalaureate degree from an
16    institution of higher education; and
17        (3) has 5 or more years of cumulative service (A) with
18    a federal, State, or local law enforcement agency, at least
19    2 years of which have been in a progressive investigatory
20    capacity; (B) as a federal, State, or local prosecutor; (C)
21    as a senior manager or executive of a federal, State, or
22    local agency; (D) as a member, an officer, or a State or
23    federal judge; or (E) representing any combination of (A)
24    through (D).
25    The term of each initial Executive Inspector General shall
26commence upon qualification and shall run through June 30,

 

 

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12008. The initial appointments shall be made within 60 days
2after the effective date of this Act.
3    After the initial term, each Executive Inspector General
4shall serve for 5-year terms commencing on July 1 of the year
5of appointment and running through June 30 of the fifth
6following year. An Executive Inspector General may be
7reappointed to one or more subsequent terms.
8    A vacancy occurring other than at the end of a term shall
9be filled by the appointing authority only for the balance of
10the term of the Executive Inspector General whose office is
11vacant.
12    Terms shall run regardless of whether the position is
13filled.
14    (c) The Executive Inspector General appointed by the
15Attorney General shall have jurisdiction over the Attorney
16General and all officers and employees of, and vendors and
17others doing business with, State agencies within the
18jurisdiction of the Attorney General. The Executive Inspector
19General appointed by the Secretary of State shall have
20jurisdiction over the Secretary of State and all officers and
21employees of, and vendors and others doing business with, State
22agencies within the jurisdiction of the Secretary of State. The
23Executive Inspector General appointed by the Comptroller shall
24have jurisdiction over the Comptroller and all officers and
25employees of, and vendors and others doing business with, State
26agencies within the jurisdiction of the Comptroller. The

 

 

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1Executive Inspector General appointed by the Treasurer shall
2have jurisdiction over the Treasurer and all officers and
3employees of, and vendors and others doing business with, State
4agencies within the jurisdiction of the Treasurer. The
5Executive Inspector General appointed by the Governor shall
6have jurisdiction over the Governor, the Lieutenant Governor,
7and all officers and employees of, and vendors and others doing
8business with, executive branch State agencies under the
9jurisdiction of the Executive Ethics Commission and not within
10the jurisdiction of the Attorney General, the Secretary of
11State, the Comptroller, or the Treasurer. The Executive
12Inspector General for the Office of the Governor shall also
13have jurisdiction over the board members, officers, and
14employees of the Regional Transportation Authority and each of
15the Service Boards.
16    The jurisdiction of each Executive Inspector General is to
17investigate allegations of fraud, waste, abuse, mismanagement,
18misconduct, nonfeasance, misfeasance, malfeasance, or
19violations of this Act or violations of other related laws and
20rules.
21    (d) The compensation for each Executive Inspector General
22shall be determined by the Executive Ethics Commission and
23shall be made from appropriations made to the Comptroller for
24this purpose. Subject to Section 20-45 of this Act, each
25Executive Inspector General has full authority to organize his
26or her Office of the Executive Inspector General, including the

 

 

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1employment and determination of the compensation of staff, such
2as deputies, assistants, and other employees, as
3appropriations permit. A separate appropriation shall be made
4for each Office of Executive Inspector General.
5    (e) No Executive Inspector General or employee of the
6Office of the Executive Inspector General may, during his or
7her term of appointment or employment:
8        (1) become a candidate for any elective office;
9        (2) hold any other elected or appointed public office
10    except for appointments on governmental advisory boards or
11    study commissions or as otherwise expressly authorized by
12    law;
13        (3) be actively involved in the affairs of any
14    political party or political organization; or
15        (4) advocate for the appointment of another person to
16    an appointed or elected office or position or actively
17    participate in any campaign for any elective office.
18    In this subsection an appointed public office means a
19position authorized by law that is filled by an appointing
20authority as provided by law and does not include employment by
21hiring in the ordinary course of business.
22    (e-1) No Executive Inspector General or employee of the
23Office of the Executive Inspector General may, for one year
24after the termination of his or her appointment or employment:
25        (1) become a candidate for any elective office;
26        (2) hold any elected public office; or

 

 

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1        (3) hold any appointed State, county, or local judicial
2    office.
3    (e-2) The requirements of item (3) of subsection (e-1) may
4be waived by the Executive Ethics Commission.
5    (f) An Executive Inspector General may be removed only for
6cause and may be removed only by the appointing constitutional
7officer. At the time of the removal, the appointing
8constitutional officer must report to the Executive Ethics
9Commission the justification for the removal.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/20-20)
12    Sec. 20-20. Duties of the Executive Inspectors General. In
13addition to duties otherwise assigned by law, each Executive
14Inspector General shall have the following duties:
15        (1) To receive and investigate allegations of
16    violations of this Act. An investigation may not be
17    initiated more than one year after the most recent act of
18    the alleged violation or of a series of alleged violations
19    except where there is reasonable cause to believe that
20    fraudulent concealment has occurred. To constitute
21    fraudulent concealment sufficient to toll this limitations
22    period, there must be an affirmative act or representation
23    calculated to prevent discovery of the fact that a
24    violation has occurred. The Executive Inspector General
25    shall have the discretion to determine the appropriate

 

 

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1    means of investigation as permitted by law.
2        (1.5) To receive and investigate allegations of fraud,
3    waste, abuse, mismanagement, misconduct, nonfeasance,
4    misfeasance, malfeasance, or violations of the Regional
5    Transportation Authority Act or violations of other
6    related laws or rules.
7        (2) To request information relating to an
8    investigation from any person when the Executive Inspector
9    General deems that information necessary in conducting an
10    investigation.
11        (3) To issue subpoenas to compel the attendance of
12    witnesses for the purposes of testimony and production of
13    documents and other items for inspection and copying and to
14    make service of those subpoenas and subpoenas issued under
15    item (7) of Section 20-15.
16        (4) To submit reports as required by this Act.
17        (5) To file pleadings in the name of the Executive
18    Inspector General with the Executive Ethics Commission,
19    through the Attorney General, as provided in this Article
20    if the Attorney General finds that reasonable cause exists
21    to believe that a violation has occurred.
22        (6) To assist and coordinate the ethics officers for
23    State agencies under the jurisdiction of the Executive
24    Inspector General and to work with those ethics officers.
25        (7) To participate in or conduct, when appropriate,
26    multi-jurisdictional investigations.

 

 

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1        (8) To request, as the Executive Inspector General
2    deems appropriate, from ethics officers of State agencies
3    under his or her jurisdiction, reports or information on
4    (i) the content of a State agency's ethics training program
5    and (ii) the percentage of new officers and employees who
6    have completed ethics training.
7        (9) To review hiring and employment files of each State
8    agency within the Executive Inspector General's
9    jurisdiction to ensure compliance with Rutan v. Republican
10    Party of Illinois, 497 U.S. 62 (1990), and with all
11    applicable employment laws.
12        (10) To establish a policy that ensures the appropriate
13    handling and correct recording of all investigations
14    conducted by the Office, and to ensure that the policy is
15    accessible via the Internet in order that those seeking to
16    report those allegations are familiar with the process and
17    that the subjects of those allegations are treated fairly.
18(Source: P.A. 96-555, eff. 8-18-09.)
 
19    (5 ILCS 430/20-21)
20    Sec. 20-21. Special Executive Inspectors General.
21    (a) The Executive Ethics Commission, on its own initiative
22and by majority vote, may appoint special Executive Inspectors
23General (i) to investigate alleged violations of this Act or
24the Regional Transportation Authority Act and other related
25laws and rules if an investigation by the Inspector General was

 

 

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1not concluded within 6 months after its initiation, where the
2Commission finds that the Inspector General's reasons under
3Section 20-65 for failing to complete the investigation are
4insufficient, (ii) to accept referrals from the Commission of
5allegations made pursuant to this Act concerning an Executive
6Inspector General or employee of an Office of an Executive
7Inspector General and to investigate those allegations, (iii)
8to investigate matters within the jurisdiction of an Executive
9Inspector General if an Executive Inspector General (including
10his or her employees) could be reasonably deemed to be a
11wrongdoer or suspect, or if in the determination of the
12Commission, an investigation presents real or apparent
13conflicts of interest for the Office of the Executive Inspector
14General, and (iv) to investigate alleged violations of this Act
15pursuant to Section 20-50 and Section 20-51.
16    (b) A special Executive Inspector General must have the
17same qualifications as an Executive Inspector General
18appointed under Section 20-10.
19    (c) The Commission's appointment of a special Executive
20Inspector General must be in writing and must specify the
21duration and purpose of the appointment.
22    (d) A special Executive Inspector General shall have the
23same powers and duties with respect to the purpose of his or
24her appointment as an Executive Inspector General appointed
25under Section 20-10.
26    (e) A special Executive Inspector General shall report the

 

 

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1findings of his or her investigation to the Commission.
2    (f) The Commission may report the findings of a special
3Executive Inspector General and its recommendations, if any, to
4the appointing authority of the appropriate Executive
5Inspector General.
6(Source: P.A. 96-555, eff. 8-18-09.)
 
7    (5 ILCS 430/20-23)
8    Sec. 20-23. Ethics Officers. Each officer and the head of
9each State agency, including the Regional Transportation
10Authority and each of the Service Boards, under the
11jurisdiction of the Executive Ethics Commission shall
12designate an Ethics Officer for the office or State agency.
13Ethics Officers shall:
14        (1) act as liaisons between the State agency, including
15    the Regional Transportation Authority and each of the
16    Service Boards, and the appropriate Executive Inspector
17    General and between the State agency, including the
18    Regional Transportation Authority and each of the Service
19    Boards, and the Executive Ethics Commission;
20        (2) review statements of economic interest and
21    disclosure forms of officers, senior employees, and
22    contract monitors before they are filed with the Secretary
23    of State; and
24        (3) provide guidance to officers and employees in the
25    interpretation and implementation of this Act or the

 

 

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1    Regional Transportation Authority Act and related laws and
2    rules, which the officer or employee may in good faith rely
3    upon. Such guidance shall be based, wherever possible, upon
4    legal precedent in court decisions, opinions of the
5    Attorney General, and the findings and opinions of the
6    Executive Ethics Commission.
7(Source: P.A. 93-617, eff. 12-9-03.)
 
8    (5 ILCS 430/20-50)
9    Sec. 20-50. Investigation reports.
10    (a) If an Executive Inspector General, upon the conclusion
11of an investigation, determines that reasonable cause exists to
12believe that a violation has occurred, then the Executive
13Inspector General shall issue a summary report of the
14investigation. The report shall be delivered to the appropriate
15ultimate jurisdictional authority and to the head of each State
16agency, including the Regional Transportation Authority and
17the Service Boards, affected by or involved in the
18investigation, if appropriate. The appropriate ultimate
19jurisdictional authority or agency head shall respond to the
20summary report within 20 days, in writing, to the Executive
21Inspector General. The response shall include a description of
22any corrective or disciplinary action to be imposed.
23    (b) The summary report of the investigation shall include
24the following:
25        (1) A description of any allegations or other

 

 

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

 

 

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

 

 

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1head. An Inspector General may also submit a redacted version
2of the summary report and response from the ultimate
3jurisdictional authority if the Inspector General believes
4either contains information that, in the opinion of the
5Inspector General, should be redacted prior to releasing the
6report, may interfere with an ongoing investigation, or
7identifies an informant or complainant.
8    (c-10) If, after reviewing the documents, the Commission
9believes that further investigation is warranted, the
10Commission may request that the Executive Inspector General
11provide additional information or conduct further
12investigation. The Commission may also appoint a Special
13Executive Inspector General to investigate or refer the summary
14report and response from the ultimate jurisdictional authority
15to the Attorney General for further investigation or review. If
16the Commission requests the Attorney General to investigate or
17review, the Commission must notify the Attorney General and the
18Inspector General. The Attorney General may not begin an
19investigation or review until receipt of notice from the
20Commission. If, after review, the Attorney General determines
21that reasonable cause exists to believe that a violation has
22occurred, then the Attorney General may file a complaint with
23the Executive Ethics Commission. If the Attorney General
24concludes that there is insufficient evidence that a violation
25has occurred, the Attorney General shall notify the Executive
26Ethics Commission and the appropriate Executive Inspector

 

 

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1General.
2    (d) A copy of the complaint filed with the Executive Ethics
3Commission must be served on all respondents named in the
4complaint and on each respondent's ultimate jurisdictional
5authority in the same manner as process is served under the
6Code of Civil Procedure.
7    (e) A respondent may file objections to the complaint
8within 30 days after notice of the petition has been served on
9the respondent.
10    (f) The Commission shall meet, either in person or by
11telephone, at least 30 days after the complaint is served on
12all respondents in a closed session to review the sufficiency
13of the complaint. The Commission shall issue notice by
14certified mail, return receipt requested, to the Executive
15Inspector General, Attorney General, and all respondents of the
16Commission's ruling on the sufficiency of the complaint. If the
17complaint is deemed to sufficiently allege a violation of this
18Act or the Regional Transportation Authority Act and other
19related laws and rules, then the Commission shall include a
20hearing date scheduled within 4 weeks after the date of the
21notice, unless all of the parties consent to a later date. If
22the complaint is deemed not to sufficiently allege a violation,
23then the Commission shall send by certified mail, return
24receipt requested, a notice to the Executive Inspector General,
25Attorney General, and all respondents of the decision to
26dismiss the complaint.

 

 

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1    (g) On the scheduled date the Commission shall conduct a
2closed meeting, either in person or, if the parties consent, by
3telephone, on the complaint and allow all parties the
4opportunity to present testimony and evidence. All such
5proceedings shall be transcribed.
6    (h) Within an appropriate time limit set by rules of the
7Executive Ethics Commission, the Commission shall (i) dismiss
8the complaint, (ii) issue a recommendation of discipline to the
9respondent and the respondent's ultimate jurisdictional
10authority, (iii) impose an administrative fine upon the
11respondent, (iv) issue injunctive relief as described in
12Section 50-10, or (v) impose a combination of (ii) through
13(iv).
14    (i) The proceedings on any complaint filed with the
15Commission shall be conducted pursuant to rules promulgated by
16the Commission.
17    (j) The Commission may designate hearing officers to
18conduct proceedings as determined by rule of the Commission.
19    (k) In all proceedings before the Commission, the standard
20of proof is by a preponderance of the evidence.
21    (l) Within 30 days after the issuance of a final
22administrative decision that concludes that a violation
23occurred, the Executive Ethics Commission shall make public the
24entire record of proceedings before the Commission, the
25decision, any recommendation, any discipline imposed, and the
26response from the agency head or ultimate jurisdictional

 

 

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1authority to the Executive Ethics Commission.
2(Source: P.A. 96-555, eff. 8-18-09.)
 
3    (5 ILCS 430/20-55)
4    Sec. 20-55. Decisions; recommendations.
5    (a) All decisions of the Executive Ethics Commission must
6include a description of the alleged misconduct, the decision
7of the Commission, including any fines levied and any
8recommendation of discipline, and the reasoning for that
9decision. All decisions of the Commission shall be delivered to
10the head of the appropriate State agency, including the
11Regional Transportation Authority and the Service Boards, the
12appropriate ultimate jurisdictional authority, and the
13appropriate Executive Inspector General. The Executive Ethics
14Commission shall promulgate rules for the decision and
15recommendation process.
16    (b) If the Executive Ethics Commission issues a
17recommendation of discipline to an agency head or ultimate
18jurisdictional authority, that agency head or ultimate
19jurisdictional authority must respond to that recommendation
20in 30 days with a written response to the Executive Ethics
21Commission. This response must include any disciplinary action
22the agency head or ultimate jurisdictional authority has taken
23with respect to the officer or employee in question. If the
24agency head or ultimate jurisdictional authority did not take
25any disciplinary action, or took a different disciplinary

 

 

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1action than that recommended by the Executive Ethics
2Commission, the agency head or ultimate jurisdictional
3authority must describe the different action and explain the
4reasons for the different action in the written response. This
5response must be served upon the Executive Ethics Commission
6and the appropriate Executive Inspector General within the
730-day period and is not exempt from the provisions of the
8Freedom of Information Act.
9    (c) Disciplinary action under this Act against a person
10subject to the Personnel Code, the Secretary of State Merit
11Employment Code, the Comptroller Merit Employment Code, or the
12State Treasurer Employment Code is within the jurisdiction of
13the Executive Ethics Commission and is not within the
14jurisdiction of those Acts.
15    (d) Any hearing to contest disciplinary action for a
16violation of this Act against a person subject to the Personnel
17Code, the Secretary of State Merit Employment Code, the
18Comptroller Merit Employment Code, or the State Treasurer
19Employment Code pursuant to an agreement between an Executive
20Inspector General and an ultimate jurisdictional authority
21shall be conducted by the Executive Ethics Commission and not
22under any of those Acts.
23    (e) Any investigation or inquiry by the Executive Ethics
24Commission or the Executive Inspector General for the Office of
25the Governor of any Board member, officer, or employee of the
26Regional Transportation Authority or a Service Board must be

 

 

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1conducted in accordance with the rights of the employees as set
2forth in State and federal law and applicable judicial
3decisions. Any recommendations for corrective or disciplinary
4action toward any employee of the Regional Transportation
5Authority or a Service Board must comply with the provisions of
6any collective bargaining agreement that may apply to the
7employee.
8    (f) Nothing in this Section shall diminish the rights,
9privileges, or remedies of any Board member, officer, or
10employee of the Regional Transportation Authority or a Service
11Board under any other federal or State law, rule, or regulation
12or under any collective bargaining agreement.
13(Source: P.A. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/20-70)
15    Sec. 20-70. Cooperation in investigations.
16    (a) It is the duty of every officer and employee under the
17jurisdiction of an Executive Inspector General, including any
18inspector general serving in any State agency under the
19jurisdiction of that Executive Inspector General, to cooperate
20with the Executive Inspector General and the Attorney General
21in any investigation undertaken pursuant to this Act. Failure
22to cooperate includes, but is not limited to, intentional
23omissions and knowing false statements. Failure to cooperate
24with an investigation of the Executive Inspector General or the
25Attorney General is grounds for disciplinary action, including

 

 

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1dismissal. Nothing in this Section limits or alters a person's
2existing rights or protections under State or federal law.
3    (b) All Board members, officers, and employees of the
4Regional Transportation Authority or a Service Board and all
5officers, employees, vendors, subcontractors, and others doing
6business with the Regional Transportation Authority or a
7Service Board have a duty to cooperate with the Executive
8Ethics Commission and the Executive Inspector General for the
9Office of the Governor in any investigation undertaken pursuant
10to this Section. Failure to cooperate includes, but is not
11limited to, intentional omissions and knowing false
12statements. Failure to cooperate with an investigation
13pursuant to this Section is grounds for disciplinary action by
14the Regional Transportation Authority or the appropriate
15Service Board. Nothing in this Section limits or alters a
16person's existing rights or protections under State or federal
17law.
18    (c) All Board members, officers, and employees of the
19Regional Transportation Authority or a Service Board have a
20duty to report, directly and without undue delay, to the
21Executive Inspector General for the Office of the Governor any
22information concerning conduct which they know or should
23reasonably know to involve corruption or other criminal
24activity by a Board member, officer, employee, vendor,
25subcontractor, or others doing business with the Regional
26Transportation Authority or a Service Board. Failure to report

 

 

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1corrupt or other criminal activity to the Executive Inspector
2General for the Office of the Governor is grounds for
3disciplinary action by the Regional Transportation Authority
4or a Service Board, as applicable.
5(Source: P.A. 96-555, eff. 8-18-09.)
 
6    (5 ILCS 430/70-5)
7    Sec. 70-5. Adoption by governmental entities. Adoption by
8governmental entities.
9    (a) Within 6 months after the effective date of this Act,
10each governmental entity other than a community college
11district, and each community college district within 6 months
12after the effective date of this amendatory Act of the 95th
13General Assembly, shall adopt an ordinance or resolution that
14regulates, in a manner no less restrictive than Section 5-15
15and Article 10 of this Act, (i) the political activities of
16officers and employees of the governmental entity and (ii) the
17soliciting and accepting of gifts by and the offering and
18making of gifts to officers and employees of the governmental
19entity.
20    (b) Within 3 months after the effective date of this
21amendatory Act of the 93rd General Assembly, the Attorney
22General shall develop model ordinances and resolutions for the
23purpose of this Article. The Attorney General shall advise
24governmental entities on their contents and adoption.
25    (c) As used in this Article, (i) an "officer" means an

 

 

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1elected or appointed official; regardless of whether the
2official is compensated, and (ii) an "employee" means a
3full-time, part-time, or contractual employee.
4    (d) On and after the effective date of this amendatory Act
5of the 96th General Assembly, the provisions of this Section do
6not apply to any board member, officer, or employee of the
7Regional Transportation Authority or a Service Board.
8(Source: P.A. 95-880, eff. 8-19-08.)
 
9    Section 99. Effective date. This Act takes effect June 1,
102011.