SB3380 96TH GENERAL ASSEMBLY

LRB096 20406 RCE 36052 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3380

Introduced 2/10/2010, by Sen. Jeffrey M. Schoenberg

SYNOPSIS AS INTRODUCED:

605 ILCS 10/8.2 new

Amends the Toll Highway Act. Requires the Governor to appoint an Inspector General to detect, deter, and prevent fraud, mismanagement, and corruption within the Toll Highway Authority. Provides for the Inspector General's qualifications and term. Establishes the Inspector General's powers and duties.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning ethics.

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

Section 5. The Toll Highway Act is amended by adding Section 8.2 as follows:

(605 ILCS 10/8.2 new)

Sec. 8.2. Inspector General.

(a) The Governor must, with the advice and consent of the Senate, appoint an Inspector General for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Authority. The Inspector General shall serve a 2-year term. If no successor is appointed and qualified upon the expiration of the Inspector General's term, the Office of Inspector General is deemed vacant and the powers and duties under this Section may be exercised only by an appointed and qualified interim Inspector General until a successor Inspector General is appointed and qualified. If the General Assembly is not in session when a vacancy in the Office of Inspector General occurs, the Governor may appoint an interim Inspector General whose term shall expire 2 weeks after the next regularly scheduled session day of the Senate.

(b) The Inspector General shall have the following qualifications:

(1) has not been convicted of any felony under the laws of this State, another State, or the United States;

(2) has earned a baccalaureate degree from an institution of higher education; and

(3) has either (A) 5 or more years of service with a federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) 5 or more years of service as a federal, State, or local prosecutor; or (C) 5 or more years of service as a senior manager or executive of a federal, State, or local law enforcement agency.

(c) The Inspector General may review, coordinate, and recommend methods and procedures to increase the integrity of the Authority. The Inspector General must report directly to the Governor.

(d) The Governor may designate the Inspector General and inspectors who are members of the Inspector General's office as peace officers. These inspectors shall have all the powers possessed by police officers in municipalities and by sheriffs of counties, and the inspectors may exercise those powers anywhere in the State but only in the investigation of allegations of misconduct or criminal behavior by the Board of Directors of the Authority or employees of the Authority.

No inspector may have peace officer status or exercise police powers unless he or she successfully completes the basic police training mandated and approved by the Illinois Law Enforcement Training Standards Board or the Board waives the training requirement by reason of the inspector's prior law enforcement experience or training, or both.

The Board may not waive the training requirement unless the inspector has had a minimum of 5 years of experience as a sworn officer of a local, State, or federal law enforcement agency, 2 of which must have been in an investigatory capacity.

(e) In addition to the authority otherwise provided by this Section, but only when investigating the Authority, its employees, or their actions for fraud, corruption, or mismanagement, the Inspector General is authorized:

(1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section.

(2) To make any investigations and reports relating to the administration of the programs and operations of the Authority that are, in the judgment of the Inspector General, necessary or desirable.

(3) To request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof.

(4) To require by subpoena the appearance of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section, with the exception of records maintained in the ordinary course of business, including but not limited to the representation of employees and the negotiation of collective bargaining agreements by a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Authority and with the exception of subsection (c). A subpoena may be issued under this paragraph (4) only by the Inspector General and not by members of the Inspector General's staff. Any person subpoenaed by the Inspector General has the same rights as a person subpoenaed by a grand jury. Any person who knowingly and intentionally (A) fails to appear in response to a subpoena or (B) fails to produce any books or papers in his or her possession or control pertinent to an investigation under this Section is guilty of a Class A misdemeanor.

(5) To have direct and prompt access to the Board of Directors of the Authority for any purpose pertaining to the performance of functions and responsibilities under this Section.

(f) The Inspector General may receive and investigate complaints or information from an employee of the Authority concerning the possible existence of an activity constituting a violation of law, rules, or regulations; mismanagement; abuse of authority; or substantial and specific danger to the public health and safety. Any employee who knowingly files a false complaint or files a complaint with reckless disregard for the truth or the falsity of the facts underlying the complaint may be subject to discipline.

The Inspector General may not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee.

Any employee who has the authority to recommend or approve any personnel action or to direct others to recommend or approve any personnel action may not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(g) The Inspector General must adopt rules, in accordance with the provisions of the Illinois Administrative Procedure Act, establishing minimum requirements for initiating, conducting, and completing investigations. The rules must establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but is not limited to, site visits, telephone contacts, personal interviews, or requests for written responses. The rules must also clarify how the Office of the Inspector General shall interact with other local, State, and federal law enforcement investigations.

Any employee of the Authority subject to investigation or inquiry by the Inspector General or any agent or representative of the Inspector General shall have the right to be notified of the right to remain silent during the investigation or inquiry and the right to be represented in the investigation or inquiry by a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Authority. Any such investigation or inquiry must be conducted in compliance with the provisions of a collective bargaining agreement that applies to the employees of the Authority. Any recommendation for discipline or any action taken against any employee by the Inspector General or any representative or agent of the Inspector General must comply with the provisions of the collective bargaining agreement that applies to the employee.

(h) The Inspector General shall provide to the Authority and the General Assembly a summary of reports and investigations made under this Section for the previous fiscal year no later than January 1 of each year. The summaries shall detail the final disposition of the Inspector General's recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed, recommended administrative actions and matters for consideration by the General Assembly.