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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Sections 5-10, 20-50, 20-90, 20-95, and | ||||||||||||||||||||||||||||||||
6 | 50-5 as follows: | ||||||||||||||||||||||||||||||||
7 | (5 ILCS 430/5-10)
| ||||||||||||||||||||||||||||||||
8 | Sec. 5-10. Ethics training. | ||||||||||||||||||||||||||||||||
9 | (a) Each officer, member, and employee
must complete, at | ||||||||||||||||||||||||||||||||
10 | least
annually beginning in 2004, an ethics training program | ||||||||||||||||||||||||||||||||
11 | conducted by the
appropriate
State agency. Each ultimate | ||||||||||||||||||||||||||||||||
12 | jurisdictional authority
must implement an ethics training | ||||||||||||||||||||||||||||||||
13 | program for its officers, members, and
employees.
These ethics | ||||||||||||||||||||||||||||||||
14 | training programs shall be overseen by the appropriate Ethics
| ||||||||||||||||||||||||||||||||
15 | Commission and Inspector
General appointed pursuant to this Act | ||||||||||||||||||||||||||||||||
16 | in consultation with the Office of the
Attorney
General.
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17 | (b) Each ultimate jurisdictional authority subject to the | ||||||||||||||||||||||||||||||||
18 | Executive Ethics Commission shall submit to the Executive | ||||||||||||||||||||||||||||||||
19 | Ethics Commission, at least annually, or more frequently as | ||||||||||||||||||||||||||||||||
20 | required by that Commission, an annual report that summarizes | ||||||||||||||||||||||||||||||||
21 | ethics training that was completed during the previous year, | ||||||||||||||||||||||||||||||||
22 | and lays out the plan for the ethics training programs in the | ||||||||||||||||||||||||||||||||
23 | coming year. |
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| |||||||
1 | (c) Each Inspector General , or the Executive Ethics | ||||||
2 | Commission with respect to the ethics training of persons | ||||||
3 | subject to the Executive Ethics Commission,
shall set standards | ||||||
4 | and
determine the hours and frequency of training necessary for | ||||||
5 | each
position or category of positions. A person who fills a | ||||||
6 | vacancy in an
elective or appointed position that requires | ||||||
7 | training and a person
employed in a position that requires | ||||||
8 | training must complete his or her
initial ethics training | ||||||
9 | within 30 days after commencement of his or
her office or | ||||||
10 | employment.
| ||||||
11 | (d) Upon completion of the ethics training program, each | ||||||
12 | officer, member, and employee must certify in writing that the | ||||||
13 | person has completed the training program. Each officer, | ||||||
14 | member, and employee must provide to his or her ethics officer | ||||||
15 | a signed copy of the certification by the deadline for | ||||||
16 | completion of the ethics training program. | ||||||
17 | (e) The ethics training provided under this Act by the | ||||||
18 | Secretary of State may be expanded to satisfy the requirement | ||||||
19 | of Section 4.5 of the Lobbyist Registration Act. | ||||||
20 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
21 | (5 ILCS 430/20-50)
| ||||||
22 | Sec. 20-50. Investigation reports.
| ||||||
23 | (a) With respect to complaints received by an Executive | ||||||
24 | Inspector General prior to July 1, 2012, within 10 days after | ||||||
25 | an Executive Inspector General begins an investigation, the |
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| |||||||
1 | Executive Inspector General shall provide the Executive Ethics | ||||||
2 | Commission with (1) a summary of allegations and alleged | ||||||
3 | violations, the reason for opening the investigation, and the | ||||||
4 | unique tracking number assigned to the investigation and (2) | ||||||
5 | any additional information requested by the Executive Ethics | ||||||
6 | Commission. At any time, if If an Executive Inspector General, | ||||||
7 | upon the conclusion of an
investigation, determines that | ||||||
8 | reasonable cause exists to believe that a
violation
has | ||||||
9 | occurred, then
the Executive Inspector General shall issue a | ||||||
10 | summary report of the
investigation. The report shall be | ||||||
11 | delivered to the
appropriate ultimate jurisdictional
authority | ||||||
12 | and to the head of each State
agency
affected by or involved in | ||||||
13 | the investigation, if appropriate. The appropriate ultimate | ||||||
14 | jurisdictional authority or agency head shall respond to the | ||||||
15 | summary report within 20 days, in writing, to the Executive | ||||||
16 | Inspector General. The response shall include a description of | ||||||
17 | any corrective or disciplinary action to be imposed.
| ||||||
18 | (a-5) With respect to complaints received by an Executive | ||||||
19 | Inspector General prior to July 1, 2012, not more than 60 days | ||||||
20 | after delivering a summary report to the appropriate ultimate | ||||||
21 | jurisdictional authority and to the head of each State agency, | ||||||
22 | the Executive Inspector General shall deliver the summary | ||||||
23 | report to the Executive Ethics Commission. The Executive | ||||||
24 | Inspector General shall also provide the Executive Ethics | ||||||
25 | Commission with a report detailing the discipline related to | ||||||
26 | the summary report, if any, that the ultimate jurisdictional |
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| |||||||
1 | authority or head of the State agency has imposed or intends to | ||||||
2 | impose. The Executive Inspector General shall provide any | ||||||
3 | additional information requested by the Executive Ethics | ||||||
4 | Commission. In the event the Executive Inspector General seeks | ||||||
5 | to file a petition for leave to file a complaint with the | ||||||
6 | Executive Ethics Commission pursuant to subsection (c), the | ||||||
7 | Executive Inspector General shall not deliver the summary | ||||||
8 | report to the Executive Ethics Commission and instead shall | ||||||
9 | notify the Commission and the Attorney General. If the Attorney | ||||||
10 | General does not file a petition for leave to file a complaint | ||||||
11 | with the Executive Ethics Commission within the time permitted | ||||||
12 | by statute, the Executive Inspector General must deliver a | ||||||
13 | summary report to the Executive Ethics Commission within 30 | ||||||
14 | days. | ||||||
15 | Any report delivered to the Executive Ethics Commission | ||||||
16 | under this subsection shall not contain the name, office, or | ||||||
17 | position title of any individual person. | ||||||
18 | (b) The summary report of the investigation shall include | ||||||
19 | the following:
| ||||||
20 | (1) A description of any allegations or other | ||||||
21 | information
received by the Executive Inspector General | ||||||
22 | pertinent to the
investigation.
| ||||||
23 | (2) A description of any alleged misconduct discovered | ||||||
24 | in the
course of the investigation.
| ||||||
25 | (2.5) With respect to complaints received by an | ||||||
26 | Executive Inspector General prior to July 1, 2012, a |
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| |||||||
1 | specific recommendation for any corrective or disciplinary | ||||||
2 | action to be taken in response to any alleged misconduct | ||||||
3 | described in the report, including but not limited to | ||||||
4 | suspension or discharge.
| ||||||
5 | (3) With respect to complaints received by an Executive | ||||||
6 | Inspector General on or after July 1, 2012, recommendations | ||||||
7 | Recommendations for any corrective or disciplinary
action | ||||||
8 | to be taken in response to any alleged misconduct described | ||||||
9 | in the
report, including but not limited to discharge.
| ||||||
10 | (4) Other information the Executive Inspector General
| ||||||
11 | deems relevant to the investigation or resulting | ||||||
12 | recommendations.
| ||||||
13 | (c) Within 30 days after receiving a response from the | ||||||
14 | appropriate ultimate jurisdictional authority or agency head | ||||||
15 | under subsection (a),
the Executive Inspector General shall | ||||||
16 | notify the Commission and the Attorney General if the Executive | ||||||
17 | Inspector General believes that a complaint should be filed | ||||||
18 | with the Commission. If the Executive Inspector General desires | ||||||
19 | to file a
complaint with the Commission, the Executive | ||||||
20 | Inspector General shall submit the summary report and | ||||||
21 | supporting documents to the
Attorney General. If the Attorney | ||||||
22 | General concludes that there is insufficient evidence that a | ||||||
23 | violation has occurred, the Attorney General shall notify the | ||||||
24 | Executive Inspector General and the Executive Inspector | ||||||
25 | General shall deliver to the Executive Ethics Commission a copy | ||||||
26 | of the summary report and response from the ultimate |
| |||||||
| |||||||
1 | jurisdictional authority or agency head.
If the Attorney | ||||||
2 | General determines
that reasonable cause exists to believe that | ||||||
3 | a violation has occurred, then the
Executive Inspector
General, | ||||||
4 | represented by the Attorney
General, may file with the | ||||||
5 | Executive Ethics Commission a complaint.
The complaint shall | ||||||
6 | set
forth the alleged violation and the
grounds that exist to | ||||||
7 | support the complaint. The complaint must be filed with the | ||||||
8 | Commission within 18 months
after the most recent act of the
| ||||||
9 | alleged violation or of a series of alleged violations
except | ||||||
10 | where there is reasonable cause to believe
that fraudulent | ||||||
11 | concealment has occurred. To constitute fraudulent concealment
| ||||||
12 | sufficient to toll this limitations period, there must be an | ||||||
13 | affirmative act or
representation calculated to prevent | ||||||
14 | discovery of the fact that a violation has
occurred.
If a | ||||||
15 | complaint is not filed with the Commission
within 6 months | ||||||
16 | after notice by the Inspector General to the Commission and the
| ||||||
17 | Attorney General, then the Commission may set a meeting of the | ||||||
18 | Commission at
which the Attorney General shall appear and | ||||||
19 | provide a status
report to the Commission.
| ||||||
20 | (c-5) Within 30 days after receiving a response from the | ||||||
21 | appropriate ultimate jurisdictional authority or agency head | ||||||
22 | under subsection (a), if the Executive Inspector General does | ||||||
23 | not believe that a complaint should be filed, the Executive | ||||||
24 | Inspector General shall deliver to the Executive Ethics | ||||||
25 | Commission a statement setting forth the basis for the decision | ||||||
26 | not to file a complaint and a copy of the summary report and |
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| |||||||
1 | response from the ultimate jurisdictional authority or agency | ||||||
2 | head. An Inspector General may also submit a redacted version | ||||||
3 | of the summary report and response from the ultimate | ||||||
4 | jurisdictional authority if the Inspector General believes | ||||||
5 | either contains information that, in the opinion of the | ||||||
6 | Inspector General, should be redacted prior to releasing the | ||||||
7 | report, may interfere with an ongoing investigation, or | ||||||
8 | identifies an informant or complainant. | ||||||
9 | (c-10) If, after reviewing the documents, the Commission | ||||||
10 | believes that further investigation is warranted, the | ||||||
11 | Commission may request that the Executive Inspector General | ||||||
12 | provide additional information or conduct further | ||||||
13 | investigation. The Commission may also appoint a Special | ||||||
14 | Executive Inspector General to investigate or refer the summary | ||||||
15 | report and response from the ultimate jurisdictional authority | ||||||
16 | to the Attorney General for further investigation or review. If | ||||||
17 | the Commission requests the Attorney General to investigate or | ||||||
18 | review, the Commission must notify the Attorney General and the | ||||||
19 | Inspector General. The Attorney General may not begin an | ||||||
20 | investigation or review until receipt of notice from the | ||||||
21 | Commission.
If, after review, the Attorney General determines | ||||||
22 | that reasonable cause exists to believe that a violation has | ||||||
23 | occurred, then the Attorney General may file a complaint with | ||||||
24 | the Executive Ethics Commission. If the Attorney General | ||||||
25 | concludes that there is insufficient evidence that a violation | ||||||
26 | has occurred, the Attorney General shall notify the Executive |
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| |||||||
1 | Ethics Commission and the appropriate Executive Inspector | ||||||
2 | General. | ||||||
3 | (d) A copy of the complaint filed with the Executive Ethics | ||||||
4 | Commission must be served on all respondents named in the
| ||||||
5 | complaint and on each respondent's ultimate jurisdictional | ||||||
6 | authority in
the same manner as process is served under the | ||||||
7 | Code of Civil
Procedure.
| ||||||
8 | (e) A respondent may file objections to the complaint | ||||||
9 | within 30 days after notice of the petition has been
served on | ||||||
10 | the respondent.
| ||||||
11 | (f) The Commission shall meet, either in person or by | ||||||
12 | telephone, at least 30 days after the complaint is served on | ||||||
13 | all respondents
in a closed session to review the sufficiency | ||||||
14 | of the complaint.
The Commission shall
issue notice by | ||||||
15 | certified mail, return receipt requested, to the Executive | ||||||
16 | Inspector General, Attorney General, and all respondents of
the | ||||||
17 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
18 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
19 | Act, then the Commission shall
include a hearing date scheduled | ||||||
20 | within 4 weeks after the date of the notice,
unless all of the | ||||||
21 | parties consent to a later date.
If the complaint is deemed not | ||||||
22 | to sufficiently allege a
violation, then
the Commission shall | ||||||
23 | send by certified mail, return receipt requested,
a notice to | ||||||
24 | the Executive Inspector General, Attorney General, and all | ||||||
25 | respondents of the decision to dismiss the complaint.
| ||||||
26 | (g) On the scheduled date
the Commission shall conduct a |
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| |||||||
1 | closed meeting,
either in person or, if the parties consent, by | ||||||
2 | telephone, on the complaint and
allow all
parties the | ||||||
3 | opportunity to present testimony and evidence.
All such | ||||||
4 | proceedings shall be transcribed.
| ||||||
5 | (h) Within an appropriate time limit set by rules of the | ||||||
6 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
7 | the
complaint, (ii) issue a recommendation of discipline to the
| ||||||
8 | respondent and the respondent's ultimate jurisdictional | ||||||
9 | authority, (iii)
impose an administrative fine upon the | ||||||
10 | respondent, (iv) issue injunctive relief as described in | ||||||
11 | Section 50-10, or (v) impose a combination of (ii) through | ||||||
12 | (iv).
| ||||||
13 | (i) The proceedings on any complaint filed with the | ||||||
14 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
15 | the Commission.
| ||||||
16 | (j) The Commission may designate hearing officers
to | ||||||
17 | conduct proceedings as determined by rule of the Commission.
| ||||||
18 | (k) In all proceedings before the Commission, the standard | ||||||
19 | of
proof is by a preponderance of the evidence.
| ||||||
20 | (l) Within 30 days after the issuance of a final | ||||||
21 | administrative decision that concludes that a violation | ||||||
22 | occurred, the Executive Ethics Commission shall make public the | ||||||
23 | entire record of proceedings before the Commission, the | ||||||
24 | decision, any recommendation, any discipline imposed, and the | ||||||
25 | response from the agency head or ultimate jurisdictional | ||||||
26 | authority to the Executive Ethics Commission.
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| |||||||
1 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
2 | (5 ILCS 430/20-90)
| ||||||
3 | Sec. 20-90. Confidentiality.
| ||||||
4 | (a) The identity of any individual providing information or | ||||||
5 | reporting any
possible or alleged
misconduct to an Executive | ||||||
6 | Inspector General or the Executive Ethics
Commission
shall be | ||||||
7 | kept confidential and may not be disclosed
without the consent | ||||||
8 | of that individual, unless the individual consents to
| ||||||
9 | disclosure of his or her name or disclosure of the individual's | ||||||
10 | identity is
otherwise required by law. The confidentiality | ||||||
11 | granted by this subsection does
not preclude the disclosure of | ||||||
12 | the identity of a person in any capacity other
than as the | ||||||
13 | source of an allegation.
| ||||||
14 | (a-5) Each summary provided to the Executive Ethics | ||||||
15 | Commission by an Executive Inspector General within 10 days | ||||||
16 | after beginning an investigation, as required by subsection (a) | ||||||
17 | of Section 20-50, and each report provided to the Executive | ||||||
18 | Ethics Commission by an Executive Inspector General under | ||||||
19 | subsection (a-5) of Section 20-50 shall be kept confidential | ||||||
20 | and may not be disclosed.
| ||||||
21 | (b) Subject to the provisions of Section 20-52, | ||||||
22 | commissioners, employees,
and agents of the Executive Ethics | ||||||
23 | Commission,
the Executive Inspectors General, and employees | ||||||
24 | and agents of each Office of
an
Executive Inspector General, | ||||||
25 | the Attorney General, and the employees and agents of the |
| |||||||
| |||||||
1 | office of the Attorney General shall keep confidential and | ||||||
2 | shall not disclose
information exempted from disclosure under | ||||||
3 | the Freedom of
Information Act or by this Act.
| ||||||
4 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
5 | (5 ILCS 430/20-95)
| ||||||
6 | Sec. 20-95. Exemptions.
| ||||||
7 | (a) Documents generated by an ethics
officer under this | ||||||
8 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
9 | Freedom
of Information Act.
| ||||||
10 | (b) Any allegations
and related documents
submitted to an | ||||||
11 | Executive Inspector General and any pleadings and
related | ||||||
12 | documents brought before the Executive Ethics
Commission are | ||||||
13 | exempt from the provisions of the Freedom of
Information Act so | ||||||
14 | long as the Executive Ethics Commission
does not make a finding | ||||||
15 | of a violation of this Act.
If the Executive
Ethics Commission | ||||||
16 | finds that a violation has occurred, the
entire record of | ||||||
17 | proceedings before the Commission, the decision and
| ||||||
18 | recommendation, and the response from the agency head or
| ||||||
19 | ultimate jurisdictional authority to the Executive Ethics
| ||||||
20 | Commission are not exempt from the provisions of the Freedom of
| ||||||
21 | Information Act but information contained therein that is | ||||||
22 | otherwise exempt from
the
Freedom of Information Act must be | ||||||
23 | redacted before disclosure as provided in
the Freedom of | ||||||
24 | Information Act. A summary report released by the Executive | ||||||
25 | Ethics Commission under Section 20-52 is a public record, but |
| |||||||
| |||||||
1 | information redacted by the Executive Ethics Commission shall | ||||||
2 | not be part of the public record.
| ||||||
3 | (c) Meetings of the Commission are exempt from the | ||||||
4 | provisions of the Open
Meetings Act.
| ||||||
5 | (d) Unless otherwise provided in this Act, all | ||||||
6 | investigatory files and
reports of the Office of an Executive | ||||||
7 | Inspector General , other than monthly
reports required under | ||||||
8 | Section 20-85, are confidential, are exempt from disclosure
| ||||||
9 | under the Freedom of Information Act, and shall not be divulged | ||||||
10 | to
any person or agency, except as necessary (i) to a law
| ||||||
11 | enforcement
authority, (ii) to the ultimate
jurisdictional | ||||||
12 | authority, (iii) to the
Executive Ethics Commission; or (iv) to | ||||||
13 | another Inspector General appointed
pursuant to this Act. | ||||||
14 | Investigatory reports, including summary reports of | ||||||
15 | investigations, and monthly reports of the Office of an | ||||||
16 | Executive Inspector General are not exempt from the provisions | ||||||
17 | of the Freedom of Information Act, but information contained | ||||||
18 | therein that is otherwise exempt from the Freedom of | ||||||
19 | Information Act must be redacted before disclosure as provided | ||||||
20 | in the Freedom of Information Act.
| ||||||
21 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
22 | (5 ILCS 430/50-5)
| ||||||
23 | Sec. 50-5. Penalties.
| ||||||
24 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
25 | person intentionally
violates (i) subsection (a-5) of Section |
| |||||||
| |||||||
1 | 20-90 or (ii) any provision of Section 5-15, 5-30, 5-40, or | ||||||
2 | 5-45 or Article 15.
| ||||||
3 | (a-1) An ethics commission may levy an administrative fine | ||||||
4 | for a violation of Section 5-45 of this Act of up to 3 times the | ||||||
5 | total annual compensation that would have been obtained in | ||||||
6 | violation of Section 5-45. | ||||||
7 | (b) A person who intentionally violates any provision
of | ||||||
8 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
9 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
10 | (c) A person who intentionally violates any provision of | ||||||
11 | Article 10 is
guilty of a business
offense and subject to a | ||||||
12 | fine of at least $1,001 and up to $5,000.
| ||||||
13 | (d) Any person who intentionally makes a
false report | ||||||
14 | alleging a violation of any provision of this Act to an ethics
| ||||||
15 | commission,
an inspector general,
the State Police, a State's | ||||||
16 | Attorney, the Attorney General, or any other law
enforcement | ||||||
17 | official is guilty of a Class A misdemeanor.
| ||||||
18 | (e) An ethics commission may levy an administrative fine of | ||||||
19 | up to $5,000
against any person
who violates this Act, who | ||||||
20 | intentionally obstructs or interferes with an
investigation
| ||||||
21 | conducted under this Act by an inspector general, or who
| ||||||
22 | intentionally makes a false, frivolous, or bad faith | ||||||
23 | allegation.
| ||||||
24 | (f) In addition to any other penalty that may apply, | ||||||
25 | whether criminal or
civil, a State employee who intentionally | ||||||
26 | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, |
| |||||||
| |||||||
1 | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | ||||||
2 | 25-90 is subject to discipline or discharge by
the
appropriate | ||||||
3 | ultimate
jurisdictional authority.
| ||||||
4 | (Source: P.A. 96-555, eff. 8-18-09.)
|