Section 100.10  Authority

 

This Part is adopted pursuant to the Public Utilities Act, and more specifically in addition to and furtherance of Section 4 thereof, in order to assure that the business of the Illinois Commerce Commission is conducted effectively, objectively and without improper outside influence or appearance thereof. All Commissioners and Commission employees must observe the highest standards of behavior and integrity.

 

Section 100.20  Maintenance of High Standards

 

a)         The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Illinois Commerce Commission members and employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government.  In a regulatory agency such as the Illinois Commerce Commission, whose actions affect the interest of every citizen of the state, it is particularly important that every employee be completely impartial, honest, and above suspicion while adhering strictly to the highest standard of ethical conduct in all their social, business, political and other off-the-job activities, relationships and interests as well as in their official actions.  All Commission employees shall exercise their informed judgment to avoid situations that might result in actual or apparent misconduct or conflicts of interest.

 

b)         A Commissioner or an employee should avoid any action that might result in, or create the appearance of:

 

1)         Using public office for private gain;

 

2)         Giving preferential treatment to any interested party;

 

3)         Impeding Government efficiency or economy;

 

4)         Losing complete independence or impartiality;

 

5)         Discussing impending Commission decisions outside office channels;

 

6)         Affecting adversely the confidence of the public in the integrity of the Commission.

 

c)         Commissioners or employees of the Commission will not solicit nor accept any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, either directly or indirectly from or on behalf of an interested party.  A gift, gratuity, favor, entertainment, etc., includes any tangible item, intangible benefits, discounts, tickets, passes, transportation, and accommodations given or extended to or on behalf of the recipient.  An "interested party" is any person, firm, corporation, or other entity that:

 

1)         Is engaged in or is endeavoring to engage in any activity or transaction of any sort with the Commission;

 

2)         Conducts operations or activities that are regulated by the Commission;

 

3)         Has interests that may be substantially affected by the performance or nonperformance of the official duties of the Commissioners or employees of the Commission;

 

4)         Is a party to any proceeding before the Commission;

 

5)         Are Attorneys for and representatives of any of the foregoing.

 

d)         Gifts, gratuities, favors, entertainment, etc., bestowed upon members of the immediate families of Commissioners or Commission personnel are viewed in the same light as those bestowed on Commissioners or Commission employees.

 

(Source:  Amended at 29 Ill. Reg. 14535, effective October 1, 2005)

 

Section 100.30  Instances Where Restrictions Do Not Apply

 

The restrictions do not apply to the following:

 

a)         Instances in which the interests of the Commission and the people of Illinois are served by participation of Commissioners or Commission personnel in widely attended luncheon meetings, dinner meetings and similar gatherings sponsored by industrial, technical, and professional associations for the discussion of matters of mutual interest of the Commission and in the performance of its duties;

 

b)         Specialty advertising items of nominal intrinsic value;

 

c)         Customary exchange of social amenities between personal friends and relatives when motivated by such relationship and extended on a personal basis;

 

d)         Things available impersonally to the general public, such as a free exhibition by an interested party at a national or regional meeting open to the public;

 

e)         Trophies, entertainment, rewards, prizes given to competitors in contests which are open to the public;

 

f)         Transportation provided by an interested party in connection with the performance of the Commission's official business and when alternate arrangements are clearly impracticable;

 

g)         Participation in civic and community activities by Commissioners and Commission employees when the relationship with the interested party can reasonably be characterized as a normal public or civic relationship;

 

h)         The acceptance of accommodations, subsistence or services furnished in kind in connection with official travel, when authorized by the Chairman as in the overall interest of the Commission and the Government of Illinois. Commissioners and Commission personnel may not accept personal reimbursement from a private source for expenses incident to official travel, unless authorized by the Chairman. In no case shall Commissioners or Commission employees accept, in kind or on a reimbursable basis benefits which, under prudent standards, are extravagant or excessive in nature.

 

i)          Situations not specifically covered herein, but where in the judgment of the individual concerned, participation by Commissioners or Commission personnel will serve the interests of the Commission and the people of Illinois, and for which the Chairman has granted prior approval.

 

Section 100.40  Disciplinary Action

 

Failure to adhere to the requirements of the Public Utilities Act and this Part will constitute cause for disciplinary action.