093_SB0706enr SB706 Enrolled LRB093 03131 JAM 03148 b 1 AN ACT in relation to governmental ethics. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Secretary of State Act is amended by 5 adding Section 14 as follows: 6 (15 ILCS 305/14 new) 7 Sec. 14. Inspector General. 8 (a) The Secretary of State must, with the advice and 9 consent of the Senate, appoint an Inspector General for the 10 purpose of detection, deterrence, and prevention of fraud, 11 corruption, mismanagement, gross or aggravated misconduct, or 12 misconduct that may be criminal in nature in the Office of 13 the Secretary of State. The Inspector General shall serve a 14 5-year term. If no successor is appointed and qualified upon 15 the expiration of the Inspector General's term, the Office of 16 Inspector General is deemed vacant and the powers and duties 17 under this Section may be exercised only by an appointed and 18 qualified interim Inspector General until a successor 19 Inspector General is appointed and qualified. If the General 20 Assembly is not in session when a vacancy in the Office of 21 Inspector General occurs, the Secretary of State may appoint 22 an interim Inspector General whose term shall expire 2 weeks 23 after the next regularly scheduled session day of the Senate. 24 (b) The Inspector General shall have the following 25 qualifications: 26 (1) has not been convicted of any felony under the 27 laws of this State, another State, or the United States; 28 (2) has earned a baccalaureate degree from an 29 institution of higher education; and 30 (3) has either (A) 5 or more years of service with 31 a federal, State, or local law enforcement agency, at SB706 Enrolled -2- LRB093 03131 JAM 03148 b 1 least 2 years of which have been in a progressive 2 investigatory capacity; (B) 5 or more years of service as 3 a federal, State, or local prosecutor; or (C) 5 or more 4 years of service as a senior manager or executive of a 5 federal, State, or local agency. 6 (c) The Inspector General may review, coordinate, and 7 recommend methods and procedures to increase the integrity of 8 the Office of the Secretary of State. The duties of the 9 Inspector General shall supplement and not supplant the 10 duties of the Chief Auditor for the Secretary of State's 11 Office or any other Inspector General that may be authorized 12 by law. The Inspector General must report directly to the 13 Secretary of State. 14 (d) In addition to the authority otherwise provided by 15 this Section, but only when investigating the Office of the 16 Secretary of State, its employees, or their actions for 17 fraud, corruption, mismanagement, gross or aggravated 18 misconduct, or misconduct that may be criminal in nature, the 19 Inspector General is authorized: 20 (1) To have access to all records, reports, audits, 21 reviews, documents, papers, recommendations, or other 22 materials available that relate to programs and 23 operations with respect to which the Inspector General 24 has responsibilities under this Section. 25 (2) To make any investigations and reports relating 26 to the administration of the programs and operations of 27 the Office of the Secretary of State that are, in the 28 judgement of the Inspector General, necessary or 29 desirable. 30 (3) To request any information or assistance that 31 may be necessary for carrying out the duties and 32 responsibilities provided by this Section from any local, 33 State, or federal governmental agency or unit thereof. 34 (4) To require by subpoena the appearance of SB706 Enrolled -3- LRB093 03131 JAM 03148 b 1 witnesses and the production of all information, 2 documents, reports, answers, records, accounts, papers, 3 and other data and documentary evidence necessary in the 4 performance of the functions assigned by this Section, 5 with the exception of subsection (c) and with the 6 exception of records of a labor organization authorized 7 and recognized under the Illinois Public Labor Relations 8 Act to be the exclusive bargaining representative of 9 employees of the Secretary of State, including, but not 10 limited to, records of representation of employees and 11 the negotiation of collective bargaining agreements. A 12 subpoena may be issued under this paragraph (4) only by 13 the Inspector General and not by members of the Inspector 14 General's staff. A person duly subpoenaed for testimony, 15 documents, or other items who neglects or refuses to 16 testify or produce documents or other items under the 17 requirements of the subpoena shall be subject to 18 punishment as may be determined by a court of competent 19 jurisdiction, unless (i) the testimony, documents, or 20 other items are covered by the attorney-client privilege 21 or any other privilege or right recognized by law or (ii) 22 the testimony, documents, or other items concern the 23 representation of employees and the negotiation of 24 collective bargaining agreements by a labor organization 25 authorized and recognized under the Illinois Public Labor 26 Relations Act to be the exclusive bargaining 27 representative of employees of the Secretary of State. 28 Nothing in this Section limits a person's right to 29 protection against self-incrimination under the Fifth 30 Amendment of the United States Constitution or Article I, 31 Section 10, of the Constitution of the State of Illinois. 32 (5) To have direct and prompt access to the 33 Secretary of State for any purpose pertaining to the 34 performance of functions and responsibilities under this SB706 Enrolled -4- LRB093 03131 JAM 03148 b 1 Section. 2 (e) The Inspector General may receive and investigate 3 complaints or information from an employee of the Secretary 4 of State concerning the possible existence of an activity 5 constituting a violation of law, rules, or regulations; 6 mismanagement; abuse of authority; or substantial and 7 specific danger to the public health and safety. Any 8 employee who knowingly files a false complaint or files a 9 complaint with reckless disregard for the truth or the 10 falsity of the facts underlying the complaint may be subject 11 to discipline as set forth in the rules of the Department of 12 Personnel of the Secretary of State. 13 The Inspector General may not, after receipt of a 14 complaint or information from an employee, disclose the 15 identity of the employee without the consent of the employee, 16 unless the Inspector General determines that disclosure of 17 the identity is reasonable and necessary for the furtherance 18 of the investigation. 19 Any employee who has the authority to recommend or 20 approve any personnel action or to direct others to recommend 21 or approve any personnel action may not, with respect to that 22 authority, take or threaten to take any action against any 23 employee as a reprisal for making a complaint or disclosing 24 information to the Inspector General, unless the complaint 25 was made or the information disclosed with the knowledge that 26 it was false or with willful disregard for its truth or 27 falsity. 28 (f) The Inspector General must adopt rules, in 29 accordance with the provisions of the Illinois Administrative 30 Procedure Act, establishing minimum requirements for 31 initiating, conducting, and completing investigations. The 32 rules must establish criteria for determining, based upon the 33 nature of the allegation, the appropriate method of 34 investigation, which may include, but is not limited to, site SB706 Enrolled -5- LRB093 03131 JAM 03148 b 1 visits, telephone contacts, personal interviews, or requests 2 for written responses. The rules must also clarify how the 3 Office of the Inspector General shall interact with other 4 local, State, and federal law enforcement investigations. 5 Any employee of the Secretary of State subject to 6 investigation or inquiry by the Inspector General or any 7 agent or representative of the Inspector General concerning 8 misconduct that is criminal in nature shall have the right to 9 be notified of the right to remain silent during the 10 investigation or inquiry and the right to be represented in 11 the investigation or inquiry by an attorney or a 12 representative of a labor organization that is the exclusive 13 collective bargaining representative of employees of the 14 Secretary of State. Any investigation or inquiry by the 15 Inspector General or any agent or representative of the 16 Inspector General must be conducted with an awareness of the 17 provisions of a collective bargaining agreement that applies 18 to the employees of the Secretary of State and with an 19 awareness of the rights of the employees as set forth in 20 State and federal law and applicable judicial decisions. Any 21 recommendations for discipline or any action taken against 22 any employee by the Inspector General or any representative 23 or agent of the Inspector General must comply with the 24 provisions of the collective bargaining agreement that 25 applies to the employee. 26 (g) On or before January 1 of each year, the Inspector 27 General shall report to the President of the Senate, the 28 Minority Leader of the Senate, the Speaker of the House of 29 Representatives, and the Minority Leader of the House of 30 Representatives on the types of investigations and the 31 activities undertaken by the Office of the Inspector General 32 during the previous calendar year. 33 Section 10. The Secretary of State Merit Employment Code SB706 Enrolled -6- LRB093 03131 JAM 03148 b 1 is amended by changing Section 16 as follows: 2 (15 ILCS 310/16) (from Ch. 124, par. 116) 3 Sec. 16. Status of present employees. Employees holding 4 positions in the Office of the Secretary of State herein 5 shall continue under the following conditions: 6 (1) Employees who have been appointed as the result of 7 having passed examinations in accordance with the provisions 8 of the "Personnel Code", and who have satisfactorily passed 9 the probationary period or who have been promoted in 10 accordance with the rules thereunder, shall be continued 11 without further examination, but shall be otherwise subject 12 to provisions of this Act and the rules made pursuant to it. 13 (2) Employees who have been appointed as the result of 14 having passed examinations pursuant to the provisions of the 15 "Personnel Code" but have not completed their probationary 16 period on the effective date of this Act shall be continued 17 without further examination but shall be otherwise subject to 18 provisions of this Act and the rules made pursuant to it. 19 Time served on probation prior to the effective date of this 20 Act shall count as time served on the probationary period 21 provided by this Act. 22 (2.5) Persons who, immediately before the effective date 23 of this amendatory Act of the 93rd General Assembly, were 24 employees with investigatory functions of the Inspector 25 General within the Office of the Secretary of State and who 26 are subject to the Secretary of State Merit Employment Code 27 shall be appointed to the position of inspector, as described 28 in Section 14 of the Secretary of State Act, if they: (i) 29 meet the requirements described in Section 14 of the 30 Secretary of State Act; (ii) pass a qualifying examination as 31 prescribed by the Director of Personnel within 6 months after 32 the effective date of this amendatory Act of the 93rd General 33 Assembly; and (iii) satisfactorily complete their respective SB706 Enrolled -7- LRB093 03131 JAM 03148 b 1 probationary periods. The qualifying examination for 2 inspectors shall be similar to those required for entrance 3 examinations for comparable positions in the Office of the 4 Secretary of State. Inspectors shall be appointed without 5 regard to eligible lists. Nothing in this subsection 6 precludes the Office of the Secretary of State from 7 reclassifying or reallocating employees who would otherwise 8 qualify as inspectors. 9 (3) All other such employees subject to the provisions 10 of this Act shall be continued in their respective positions 11 if they pass a qualifying examination prescribed by the 12 Director within 9 months from the effective date of this Act, 13 and satisfactorily complete their respective probationary 14 periods. Such qualifying examinations shall be similar to 15 those required for entrance examinations for comparable 16 positions in the Office of the Secretary of State. 17 Appointments of such employees shall be without regard to 18 eligible lists. Nothing herein precludes the 19 reclassification or reallocation as provided by this Act of 20 any position held by such incumbent. 21 (4) Nothing in this Act shall be construed to prejudice, 22 reduce, extinguish or affect the rights or privileges 23 determined through judicial process to have been conferred on 24 any present or past employee under the Illinois Personnel 25 Code. In the event that any court of competent jurisdiction 26 shall determine that present or past employees of the 27 Secretary of State have any rights arising from the Illinois 28 Personnel Code, those rights shall be recognized under this 29 Act. 30 (5) Any person who, as a result of any court order, 31 court approved stipulation or settlement, has any employment 32 or re-employment rights prior to the effective date of this 33 Act shall continue to have such rights after the effective 34 date of this Act. SB706 Enrolled -8- LRB093 03131 JAM 03148 b 1 (Source: P.A. 80-13.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.