HB5499 100TH GENERAL ASSEMBLY

LRB100 17849 RJF 33030 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5499

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

5 ILCS 430/20-20
5 ILCS 430/20-100 new
5 ILCS 430/25-20
5 ILCS 430/25-100 new

Amends the State Officials and Employees Ethics Act. Creates the Offices of Executive Employee Advocacy and the Office of Legislative Employee Advocacy. Provides for the appointment of a Director to head each respective Office of Employee Advocacy. Provides for the qualifications and compensation of the Director. Provides that each respective Office of Employee Advocacy shall provide all employees over which it has jurisdiction with legal assistance, representation, and support concerning any complaint, investigation, or proceeding initiated under specified provisions of the Act, and operate a hotline through which covered employees may contact the Office concerning such matters. Allows the Director to employ and determine the compensation of staff as he or she determines necessary to carry out the functions of the Office. Provides that Executive Inspectors General and the Legislative Inspector General shall have the duty to appoint Directors of Employee Advocacy.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Sections 20-20 and 25-20 and by adding Sections 20-100 and 25-100 as follows:

(5 ILCS 430/20-20)

Sec. 20-20. Duties of the Executive Inspectors General. In addition to duties otherwise assigned by law, each Executive Inspector General shall have the following duties:

(1) To receive and investigate allegations of violations of this Act. An investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations 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. The Executive Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law.

(2) To request information relating to an investigation from any person when the Executive Inspector General deems that information necessary in conducting an investigation.

(3) To issue subpoenas to compel the attendance of witnesses for the purposes of testimony and production of documents and other items for inspection and copying and to make service of those subpoenas and subpoenas issued under item (7) of Section 20-15.

(4) To submit reports as required by this Act.

(5) To file pleadings in the name of the Executive Inspector General with the Executive Ethics Commission, through the Attorney General, as provided in this Article if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.

(6) To assist and coordinate the ethics officers for State agencies under the jurisdiction of the Executive Inspector General and to work with those ethics officers.

(7) To participate in or conduct, when appropriate, multi-jurisdictional investigations.

(8) To request, as the Executive Inspector General deems appropriate, from ethics officers of State agencies under his or her jurisdiction, reports or information on (i) the content of a State agency's ethics training program and (ii) the percentage of new officers and employees who have completed ethics training.

(9) To review hiring and employment files of each State agency within the Executive Inspector General's jurisdiction to ensure compliance with Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), and with all applicable employment laws.

(10) To establish a policy that ensures the appropriate handling and correct recording of all investigations conducted by the Office, and to ensure that the policy is accessible via the Internet in order that those seeking to report those allegations are familiar with the process and that the subjects of those allegations are treated fairly.

(11) To appoint a Director of Executive Employee Advocacy as provided under Section 20-100.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/20-100 new)

Sec. 20-100. Offices of Executive Employee Advocacy.

(a) Five Offices of Executive Employee Advocacy are created, one each in the Offices of the Executive Inspector General for the Governor, the Attorney General, the Secretary of State, the Comptroller, and the Treasurer.

(b) Each Executive Inspector General shall appoint a Director as head of each Office of Executive Employee advocacy. Each Director appointed under this subsection (b) shall have jurisdiction over the same officers and employees as his or her appointing Executive Inspector General. The individual appointed as Director shall be a licensed attorney-at-law of this State. The compensation for each Director of Executive Employee Advocacy shall be determined by the Executive Inspector General as authorized under subsection (d) of Section 20-10. The Director may be removed by the Executive Inspector General only for cause. Each Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.

(c) Each Office of Executive Employee Advocacy shall provide all employees over which it has jurisdiction with legal assistance, representation, and support concerning any complaint, investigation, or proceeding initiated under this Article. Each Office of Executive Employee Advocacy shall also operate a hotline through which covered employees may contact the Office concerning a complaint, investigation, or proceeding initiated under this Article. The relationship between the Office and an employee to whom the Office provides legal assistance and representation under this Section shall be the relationship between an attorney and client.

(d) Subject to rules adopted by the Executive Ethics Commission and with the approval of the appropriate Executive Inspector General, each Director may employ and determine the compensation of staff as he or she determines necessary to carry out the functions of the Office of Executive Employee Advocacy.

(5 ILCS 430/25-20)

Sec. 25-20. Duties of the Legislative Inspector General.

In addition to duties otherwise assigned by law, the Legislative Inspector General shall have the following duties:

(1) To receive and investigate allegations of violations of this Act. Except as otherwise provided in paragraph (1.5), an investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations 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. The Legislative Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law.

(1.5) Notwithstanding any provision of law to the contrary, the Legislative Inspector General, whether appointed by the Legislative Ethics Commission or the General Assembly, may initiate an investigation based on information provided to the Office of the Legislative Inspector General or the Legislative Ethics Commission during the period from December 1, 2014 through November 3, 2017. Any investigation initiated under this paragraph (1.5) must be initiated within one year after the effective date of this amendatory Act of the 100th General Assembly.

(2) To request information relating to an investigation from any person when the Legislative Inspector General deems that information necessary in conducting an investigation.

(3) To issue subpoenas, with the advance approval of the Commission, to compel the attendance of witnesses for the purposes of testimony and production of documents and other items for inspection and copying and to make service of those subpoenas and subpoenas issued under item (7) of Section 25-15.

(4) To submit reports as required by this Act.

(5) To file pleadings in the name of the Legislative Inspector General with the Legislative Ethics Commission, through the Attorney General, as provided in this Article if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.

(6) To assist and coordinate the ethics officers for State agencies under the jurisdiction of the Legislative Inspector General and to work with those ethics officers.

(7) To participate in or conduct, when appropriate, multi-jurisdictional investigations.

(8) To request, as the Legislative Inspector General deems appropriate, from ethics officers of State agencies under his or her jurisdiction, reports or information on (i) the content of a State agency's ethics training program and (ii) the percentage of new officers and employees who have completed ethics training.

(9) To establish a policy that ensures the appropriate handling and correct recording of all investigations of allegations and to ensure that the policy is accessible via the Internet in order that those seeking to report those allegations are familiar with the process and that the subjects of those allegations are treated fairly.

(10) To appoint a Director of Legislative Employee Advocacy as provided under Section 25-100.

(Source: P.A. 100-553, eff. 11-16-17.)

(5 ILCS 430/25-100 new)

Sec. 25-100. Office of Legislative Employee Advocacy.

(a) The Office of Legislative Employee Advocacy is created in the Office of the Legislative Inspector General.

(b) The Legislative Inspector General shall appoint a Director as head of the Office of Legislative Employee advocacy. The Director appointed under this subsection (b) shall have jurisdiction over the same officers and employees as the Legislative Inspector General. The individual appointed as Director shall be a licensed attorney-at-law of this State. The compensation for the Director of Legislative Employee Advocacy shall be determined by the Legislative Inspector General as authorized under subsection (d) of Section 25-10. The Director may be removed by the Legislative Inspector General only for cause. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.

(c) The Office of Legislative Employee Advocacy shall provide all employees over which it has jurisdiction with legal assistance, representation, and support concerning any complaint, investigation, or proceeding initiated under this Article. The Office of Legislative Employee Advocacy shall also operate a hotline through which covered employees may contact the Office concerning a complaint, investigation, or proceeding initiated under this Article. The relationship between the Office and an employee to whom the Office provides legal assistance and representation under this Section shall be the relationship between an attorney and client.

(d) Subject to rules adopted by the Executive Ethics Commission and with the approval of the Legislative Inspector General, the Director may employ and determine the compensation of staff as he or she determines necessary to carry out the functions of the Office of Legislative Employee Advocacy.