Sen. Melinda Bush
Filed: 5/31/2018
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1 | AMENDMENT TO HOUSE BILL 138
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2 | AMENDMENT NO. ______. Amend House Bill 138 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Officials and Employees Ethics Act is | ||||||
5 | amended by changing Sections 20-20, 20-50, 20-85, 20-90, 25-5, | ||||||
6 | 25-10, 25-15, 25-20, 25-50, 25-70, 25-85, 25-90, 25-95, and | ||||||
7 | 50-5 and by adding Section 25-100 as follows: | ||||||
8 | (5 ILCS 430/20-20)
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9 | Sec. 20-20. Duties of the Executive Inspectors
General. In | ||||||
10 | addition to duties otherwise assigned by law,
each Executive | ||||||
11 | Inspector General shall have the following duties:
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12 | (1) To receive and investigate allegations of | ||||||
13 | violations of this
Act. An investigation may not be | ||||||
14 | initiated
more than one year after the most recent act of | ||||||
15 | the alleged violation or of a
series of alleged violations | ||||||
16 | except where there is reasonable cause to believe
that |
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1 | fraudulent concealment has occurred. To constitute | ||||||
2 | fraudulent concealment
sufficient to toll this limitations | ||||||
3 | period, there must be an affirmative act or
representation | ||||||
4 | calculated to prevent discovery of the fact that a | ||||||
5 | violation has
occurred. The
Executive Inspector General | ||||||
6 | shall have the discretion to determine the
appropriate | ||||||
7 | means of investigation as permitted by law.
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8 | (2) To request information relating to an | ||||||
9 | investigation from any
person when the Executive Inspector | ||||||
10 | General deems that information necessary in
conducting an | ||||||
11 | investigation.
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12 | (3) To issue subpoenas
to compel the attendance of | ||||||
13 | witnesses for the
purposes of testimony and production of | ||||||
14 | documents and other items for
inspection and copying and to | ||||||
15 | make service of those subpoenas and subpoenas
issued under | ||||||
16 | item (7) of Section 20-15.
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17 | (4) To submit reports as required by this Act.
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18 | (5) To file
pleadings in the name of
the Executive | ||||||
19 | Inspector General with the Executive Ethics
Commission, | ||||||
20 | through the Attorney General, as provided in this Article | ||||||
21 | if the
Attorney General finds that reasonable cause exists | ||||||
22 | to believe that a violation
has
occurred.
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23 | (6) To assist and coordinate the ethics officers
for | ||||||
24 | State agencies under the jurisdiction of the
Executive | ||||||
25 | Inspector General and to work with those ethics officers.
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26 | (7) To participate in or conduct, when appropriate, |
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1 | multi-jurisdictional
investigations.
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2 | (8) To request, as the Executive Inspector General | ||||||
3 | deems appropriate, from
ethics officers
of State agencies | ||||||
4 | under his or her jurisdiction, reports or information
on | ||||||
5 | (i) the content of a State agency's ethics
training program | ||||||
6 | and (ii) the percentage of new officers and
employees who | ||||||
7 | have completed ethics training.
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8 | (9) To review hiring and employment files of each State | ||||||
9 | agency within the Executive Inspector General's | ||||||
10 | jurisdiction to ensure compliance with Rutan v. Republican | ||||||
11 | Party of Illinois, 497 U.S. 62 (1990), and with all | ||||||
12 | applicable employment laws. | ||||||
13 | (10) To establish a policy that ensures the appropriate | ||||||
14 | handling and correct recording of all investigations | ||||||
15 | conducted by the Office, and to ensure that the policy is | ||||||
16 | accessible via the Internet in order that those seeking to | ||||||
17 | report those allegations are familiar with the process and | ||||||
18 | that the subjects of those allegations are treated fairly. | ||||||
19 | (11) To post information to the Executive Inspector | ||||||
20 | General's website explaining to complainants and subjects | ||||||
21 | of an investigation the legal limitations on the Executive | ||||||
22 | Inspector General's ability to provide information to them | ||||||
23 | and a general overview of the investigation process. | ||||||
24 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
25 | (5 ILCS 430/20-50)
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1 | Sec. 20-50. Investigation reports.
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2 | (a) If an Executive Inspector General, upon the conclusion | ||||||
3 | of an
investigation, determines that reasonable cause exists to | ||||||
4 | believe that a
violation
has occurred, then
the Executive | ||||||
5 | Inspector General shall issue a summary report of the
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6 | investigation. The report shall be delivered to the
appropriate | ||||||
7 | ultimate jurisdictional
authority and to the head of each State
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8 | agency
affected by or involved in the investigation, if | ||||||
9 | appropriate. The appropriate ultimate jurisdictional authority | ||||||
10 | or agency head shall respond to the summary report within 20 | ||||||
11 | days, in writing, to the Executive Inspector General. The | ||||||
12 | response shall include a description of any corrective or | ||||||
13 | disciplinary action to be imposed. If the appropriate ultimate | ||||||
14 | jurisdictional authority does not respond within 20 days, or | ||||||
15 | within an extended time period as agreed to by the Executive | ||||||
16 | Inspector General, an Executive Inspector General may proceed | ||||||
17 | under subsection (c) as if a response had been received.
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18 | (b) The summary report of the investigation shall include | ||||||
19 | the following:
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20 | (1) A description of any allegations or other | ||||||
21 | information
received by the Executive Inspector General | ||||||
22 | pertinent to the
investigation.
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23 | (2) A description of any alleged misconduct discovered | ||||||
24 | in the
course of the investigation.
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25 | (3) Recommendations for any corrective or disciplinary
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26 | action to be taken in response to any alleged misconduct |
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1 | described in the
report, including but not limited to | ||||||
2 | discharge.
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3 | (4) Other information the Executive Inspector General
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4 | deems relevant to the investigation or resulting | ||||||
5 | recommendations.
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6 | (c) Within 30 days after receiving a response from the | ||||||
7 | appropriate ultimate jurisdictional authority or agency head | ||||||
8 | under subsection (a),
the Executive Inspector General shall | ||||||
9 | notify the Commission and the Attorney General if the Executive | ||||||
10 | Inspector General believes that a complaint should be filed | ||||||
11 | with the Commission. If the Executive Inspector General desires | ||||||
12 | to file a
complaint with the Commission, the Executive | ||||||
13 | Inspector General shall submit the summary report and | ||||||
14 | supporting documents to the
Attorney General. If the Attorney | ||||||
15 | General concludes that there is insufficient evidence that a | ||||||
16 | violation has occurred, the Attorney General shall notify the | ||||||
17 | Executive Inspector General and the Executive Inspector | ||||||
18 | General shall deliver to the Executive Ethics Commission a copy | ||||||
19 | of the summary report and response from the ultimate | ||||||
20 | jurisdictional authority or agency head.
If the Attorney | ||||||
21 | General determines
that reasonable cause exists to believe that | ||||||
22 | a violation has occurred, then the
Executive Inspector
General, | ||||||
23 | represented by the Attorney
General, may file with the | ||||||
24 | Executive Ethics Commission a complaint.
The complaint shall | ||||||
25 | set
forth the alleged violation and the
grounds that exist to | ||||||
26 | support the complaint. The complaint must be filed with the |
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1 | Commission within 18 months
after the most recent act of the
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2 | alleged violation or of a series of alleged violations
except | ||||||
3 | where there is reasonable cause to believe
that fraudulent | ||||||
4 | concealment has occurred. To constitute fraudulent concealment
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5 | sufficient to toll this limitations period, there must be an | ||||||
6 | affirmative act or
representation calculated to prevent | ||||||
7 | discovery of the fact that a violation has
occurred.
If a | ||||||
8 | complaint is not filed with the Commission
within 6 months | ||||||
9 | after notice by the Inspector General to the Commission and the
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10 | Attorney General, then the Commission may set a meeting of the | ||||||
11 | Commission at
which the Attorney General shall appear and | ||||||
12 | provide a status
report to the Commission.
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13 | (c-5) Within 30 days after receiving a response from the | ||||||
14 | appropriate ultimate jurisdictional authority or agency head | ||||||
15 | under subsection (a), if the Executive Inspector General does | ||||||
16 | not believe that a complaint should be filed, the Executive | ||||||
17 | Inspector General shall deliver to the Executive Ethics | ||||||
18 | Commission a statement setting forth the basis for the decision | ||||||
19 | not to file a complaint and a copy of the summary report and | ||||||
20 | response from the ultimate jurisdictional authority or agency | ||||||
21 | head. An Inspector General may also submit a redacted version | ||||||
22 | of the summary report and response from the ultimate | ||||||
23 | jurisdictional authority if the Inspector General believes | ||||||
24 | either contains information that, in the opinion of the | ||||||
25 | Inspector General, should be redacted prior to releasing the | ||||||
26 | report, may interfere with an ongoing investigation, or |
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1 | identifies an informant or complainant. | ||||||
2 | (c-10) If, after reviewing the documents, the Commission | ||||||
3 | believes that further investigation is warranted, the | ||||||
4 | Commission may request that the Executive Inspector General | ||||||
5 | provide additional information or conduct further | ||||||
6 | investigation. The Commission may also appoint a Special | ||||||
7 | Executive Inspector General to investigate or refer the summary | ||||||
8 | report and response from the ultimate jurisdictional authority | ||||||
9 | to the Attorney General for further investigation or review. If | ||||||
10 | the Commission requests the Attorney General to investigate or | ||||||
11 | review, the Commission must notify the Attorney General and the | ||||||
12 | Inspector General. The Attorney General may not begin an | ||||||
13 | investigation or review until receipt of notice from the | ||||||
14 | Commission.
If, after review, the Attorney General determines | ||||||
15 | that reasonable cause exists to believe that a violation has | ||||||
16 | occurred, then the Attorney General may file a complaint with | ||||||
17 | the Executive Ethics Commission. If the Attorney General | ||||||
18 | concludes that there is insufficient evidence that a violation | ||||||
19 | has occurred, the Attorney General shall notify the Executive | ||||||
20 | Ethics Commission and the appropriate Executive Inspector | ||||||
21 | General. | ||||||
22 | (d) A copy of the complaint filed with the Executive Ethics | ||||||
23 | Commission must be served on all respondents named in the
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24 | complaint and on each respondent's ultimate jurisdictional | ||||||
25 | authority in
the same manner as process is served under the | ||||||
26 | Code of Civil
Procedure.
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1 | (e) A respondent may file objections to the complaint | ||||||
2 | within 30 days after notice of the petition has been
served on | ||||||
3 | the respondent.
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4 | (f) The Commission shall meet, either in person or by | ||||||
5 | telephone, at least 30 days after the complaint is served on | ||||||
6 | all respondents
in a closed session to review the sufficiency | ||||||
7 | of the complaint.
The Commission shall
issue notice by | ||||||
8 | certified mail, return receipt requested, to the Executive | ||||||
9 | Inspector General, Attorney General, and all respondents of
the | ||||||
10 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
11 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
12 | Act, then the Commission shall
include a hearing date scheduled | ||||||
13 | within 4 weeks after the date of the notice,
unless all of the | ||||||
14 | parties consent to a later date.
If the complaint is deemed not | ||||||
15 | to sufficiently allege a
violation, then
the Commission shall | ||||||
16 | send by certified mail, return receipt requested,
a notice to | ||||||
17 | the Executive Inspector General, Attorney General, and all | ||||||
18 | respondents of the decision to dismiss the complaint.
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19 | (g) On the scheduled date
the Commission shall conduct a | ||||||
20 | closed meeting,
either in person or, if the parties consent, by | ||||||
21 | telephone, on the complaint and
allow all
parties the | ||||||
22 | opportunity to present testimony and evidence.
All such | ||||||
23 | proceedings shall be transcribed.
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24 | (h) Within an appropriate time limit set by rules of the | ||||||
25 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
26 | the
complaint, (ii) issue a recommendation of discipline to the
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1 | respondent and the respondent's ultimate jurisdictional | ||||||
2 | authority, (iii)
impose an administrative fine upon the | ||||||
3 | respondent, (iv) issue injunctive relief as described in | ||||||
4 | Section 50-10, or (v) impose a combination of (ii) through | ||||||
5 | (iv).
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6 | (i) The proceedings on any complaint filed with the | ||||||
7 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
8 | the Commission.
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9 | (j) The Commission may designate hearing officers
to | ||||||
10 | conduct proceedings as determined by rule of the Commission.
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11 | (k) In all proceedings before the Commission, the standard | ||||||
12 | of
proof is by a preponderance of the evidence.
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13 | (l) Within 30 days after the issuance of a final | ||||||
14 | administrative decision that concludes that a violation | ||||||
15 | occurred, the Executive Ethics Commission shall make public the | ||||||
16 | entire record of proceedings before the Commission, the | ||||||
17 | decision, any recommendation, any discipline imposed, and the | ||||||
18 | response from the agency head or ultimate jurisdictional | ||||||
19 | authority to the Executive Ethics Commission.
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20 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
21 | (5 ILCS 430/20-85)
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22 | Sec. 20-85. Monthly reports by Executive Inspector | ||||||
23 | General.
Each Executive Inspector General shall submit monthly
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24 | reports to the appropriate executive branch constitutional | ||||||
25 | officer, on dates determined by the executive branch |
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1 | constitutional officer, indicating:
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2 | (1) the total number of allegations received since the | ||||||
3 | date of the last report and the total number of allegations | ||||||
4 | received since the date of the last report by category of | ||||||
5 | claim ; | ||||||
6 | (2) the total number of investigations initiated since | ||||||
7 | the date of
the last report and the total number of | ||||||
8 | investigations initiated since the date of the last report | ||||||
9 | by category of claim ; | ||||||
10 | (3) the total number of investigations concluded since | ||||||
11 | the date of
the last report and the total number of | ||||||
12 | investigations concluded since the date of the last report | ||||||
13 | by category of claim ;
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14 | (4) the total number of investigations pending as of | ||||||
15 | the reporting
date and the total number of investigations | ||||||
16 | pending as of the reporting date by category of claim ;
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17 | (5) the total number of complaints forwarded to the | ||||||
18 | Attorney General since the
date of the last report;
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19 | (6) the total number of actions filed with the | ||||||
20 | Executive Ethics Commission since
the date of the last | ||||||
21 | report , and the total number of
actions pending before the | ||||||
22 | Executive Ethics Commission as of the reporting
date , the | ||||||
23 | total number of actions filed with the Executive Ethics | ||||||
24 | Commission since the date of the last report by category of | ||||||
25 | claim, and the total number of actions pending before the | ||||||
26 | Executive Ethics Commission as of the reporting date by |
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1 | category of claim ; and | ||||||
2 | (7) the total number of allegations referred to any law | ||||||
3 | enforcement agency since the date of the last report; .
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4 | (8) the total number of allegations referred to another | ||||||
5 | investigatory body since the date of the last report; and | ||||||
6 | (9) the cumulative number of each of the foregoing for | ||||||
7 | the current calendar year. | ||||||
8 | For the purposes of this Section, "category of claim" shall | ||||||
9 | include discrimination claims, harassment claims, sexual | ||||||
10 | harassment claims, retaliation claims, gift ban claims, | ||||||
11 | prohibited political activity claims, revolving door | ||||||
12 | prohibition claims, and other, miscellaneous, or | ||||||
13 | uncharacterized claims. | ||||||
14 | The monthly report shall be available on the websites of | ||||||
15 | the Executive Inspector General and the constitutional | ||||||
16 | officer. | ||||||
17 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
18 | (5 ILCS 430/20-90)
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19 | Sec. 20-90. Confidentiality.
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20 | (a) The identity of any individual providing information or | ||||||
21 | reporting any
possible or alleged
misconduct to an Executive | ||||||
22 | Inspector General or the Executive Ethics
Commission
shall be | ||||||
23 | kept confidential and may not be disclosed
without the consent | ||||||
24 | of that individual, unless the individual consents to
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25 | disclosure of his or her name or disclosure of the individual's |
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1 | identity is
otherwise required by law. The confidentiality | ||||||
2 | granted by this subsection does
not preclude the disclosure of | ||||||
3 | the identity of a person in any capacity other
than as the | ||||||
4 | source of an allegation.
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5 | (b) Subject to the provisions of Section 20-52, | ||||||
6 | commissioners, employees,
and agents of the Executive Ethics | ||||||
7 | Commission,
the Executive Inspectors General, and employees | ||||||
8 | and agents of each Office of
an
Executive Inspector General, | ||||||
9 | the Attorney General, and the employees and agents of the | ||||||
10 | office of the Attorney General shall keep confidential and | ||||||
11 | shall not disclose
information exempted from disclosure under | ||||||
12 | the Freedom of
Information Act or by this Act, provided the | ||||||
13 | identity of any individual providing information or reporting | ||||||
14 | any possible or alleged misconduct to the Executive Inspector | ||||||
15 | General for the Governor may be disclosed to an Inspector | ||||||
16 | General appointed or employed by a Regional Transit Board in | ||||||
17 | accordance with Section 75-10.
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18 | (c) In his or her discretion, an Executive Inspector | ||||||
19 | General may notify complainants and subjects of an | ||||||
20 | investigation with an update on the status of the respective | ||||||
21 | investigation, including when the investigation is opened and | ||||||
22 | closed. | ||||||
23 | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .) | ||||||
24 | (5 ILCS 430/25-5)
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25 | Sec. 25-5. Legislative Ethics Commission.
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1 | (a) The Legislative Ethics Commission is created.
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2 | (b) The Legislative Ethics Commission shall consist of 8
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3 | commissioners appointed 2 each by the
President and Minority | ||||||
4 | Leader of the Senate and the Speaker and Minority Leader
of the | ||||||
5 | House of Representatives.
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6 | The terms of the initial commissioners shall commence upon | ||||||
7 | qualification.
Each appointing authority shall designate one | ||||||
8 | appointee who
shall serve for a 2-year term running through
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9 | June 30, 2005.
Each appointing authority shall designate one | ||||||
10 | appointee who
shall serve for a
4-year term running through | ||||||
11 | June 30, 2007.
The initial appointments shall be made within 60 | ||||||
12 | days
after the effective date of this Act.
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13 | After the initial terms, commissioners shall serve for | ||||||
14 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
15 | and running
through June 30 of the fourth following year. | ||||||
16 | Commissioners may be
reappointed to one or more subsequent | ||||||
17 | terms.
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18 | Vacancies occurring other than at the end of a term shall | ||||||
19 | be filled
by the appointing authority only for the balance of | ||||||
20 | the
term of the commissioner whose office is vacant.
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21 | Terms shall run regardless of whether the position is | ||||||
22 | filled.
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23 | (c) The appointing authorities shall appoint commissioners | ||||||
24 | who
have experience holding governmental office or employment | ||||||
25 | and may
appoint commissioners who are members of the General | ||||||
26 | Assembly as well as
commissioners from the general public.
A |
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1 | commissioner who is a member of the General Assembly must | ||||||
2 | recuse himself or
herself from participating in any matter | ||||||
3 | relating to any investigation or
proceeding in which he or she | ||||||
4 | is the subject or is a complainant .
A person is not eligible to
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5 | serve as a commissioner if that person (i) has been convicted | ||||||
6 | of a
felony or a crime of dishonesty or moral turpitude, (ii) | ||||||
7 | is, or was
within the preceding 12 months, engaged in | ||||||
8 | activities that
require registration under the Lobbyist | ||||||
9 | Registration Act, (iii) is a
relative of the appointing | ||||||
10 | authority, or (iv) is a State officer or employee
other than a | ||||||
11 | member of the General Assembly , or (v) is a candidate for | ||||||
12 | statewide office, federal office, or judicial office .
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13 | (c-5) If a commissioner is required to recuse himself or | ||||||
14 | herself from participating in a matter as provided in | ||||||
15 | subsection (c), the recusal shall create a temporary vacancy | ||||||
16 | for the limited purpose of consideration of the matter for | ||||||
17 | which the commissioner recused himself or herself, and the | ||||||
18 | appointing authority for the recusing commissioner shall make a | ||||||
19 | temporary appointment to fill the vacancy for consideration of | ||||||
20 | the matter for which the commissioner recused himself or | ||||||
21 | herself. | ||||||
22 | (d) The Legislative Ethics Commission shall have
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23 | jurisdiction over current and former members of the General | ||||||
24 | Assembly regarding events occurring during a member's term of | ||||||
25 | office and
current and former all State
employees regarding | ||||||
26 | events occurring during any period of employment where the |
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1 | State employee's whose ultimate jurisdictional authority is
| ||||||
2 | (i) a legislative leader, (ii) the Senate Operations | ||||||
3 | Commission, or (iii) the
Joint Committee on Legislative Support | ||||||
4 | Services. The jurisdiction of the
Commission is limited to | ||||||
5 | matters arising under this Act.
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6 | An officer or executive branch State employee serving on a | ||||||
7 | legislative branch board or commission remains subject to the | ||||||
8 | jurisdiction of the Executive Ethics Commission and is not | ||||||
9 | subject to the jurisdiction of the Legislative Ethics | ||||||
10 | Commission. | ||||||
11 | (e) The Legislative Ethics Commission must meet, either
in | ||||||
12 | person or by other technological means, monthly or as
often as | ||||||
13 | necessary. At the first meeting of the Legislative
Ethics | ||||||
14 | Commission, the commissioners shall choose from their
number a | ||||||
15 | chairperson and other officers that they deem appropriate.
The | ||||||
16 | terms of officers shall be for 2 years commencing July 1 and
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17 | running through June 30 of the second following year. Meetings | ||||||
18 | shall be held at
the call
of the chairperson or any 3 | ||||||
19 | commissioners. Official action by the
Commission shall require | ||||||
20 | the affirmative vote of 5 commissioners, and
a quorum shall | ||||||
21 | consist of 5 commissioners. Commissioners shall receive
no | ||||||
22 | compensation but
may be
reimbursed for their reasonable | ||||||
23 | expenses actually incurred in the
performance of their duties.
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24 | (f) No commissioner, other than a commissioner who is a | ||||||
25 | member of the
General
Assembly, or employee of the Legislative
| ||||||
26 | Ethics Commission may during his or her term of appointment or |
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1 | employment:
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2 | (1) become a candidate for any elective office;
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3 | (2) hold any other elected or appointed public office
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4 | except for appointments on governmental advisory boards
or | ||||||
5 | study commissions or as otherwise expressly authorized by | ||||||
6 | law;
| ||||||
7 | (3) be actively involved in the affairs of any | ||||||
8 | political party or political
organization; or
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9 | (4) advocate for the appointment of another person to | ||||||
10 | an appointed or elected office or position or actively | ||||||
11 | participate in any campaign for any
elective office.
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12 | (f-5) No commissioner who is a member of the General | ||||||
13 | Assembly may be a candidate for statewide office, federal | ||||||
14 | office, or judicial office. If a commissioner who is a member | ||||||
15 | of the General Assembly files petitions to be a candidate for a | ||||||
16 | statewide office, federal office, or judicial office, he or she | ||||||
17 | shall be deemed to have resigned from his or her position as a | ||||||
18 | commissioner on the date his or her name is certified for the | ||||||
19 | ballot by the State Board of Elections or local election | ||||||
20 | authority and his or position as a commissioner shall be deemed | ||||||
21 | vacant. Such person may not be reappointed to the Commission | ||||||
22 | during any time he or she is a candidate for statewide office, | ||||||
23 | federal office, or judicial office. | ||||||
24 | (g) An appointing authority may remove a
commissioner only | ||||||
25 | for cause.
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26 | (h) The Legislative Ethics Commission shall appoint an
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1 | Executive Director subject to the approval of at least 3 of the | ||||||
2 | 4 legislative leaders. The compensation of the Executive | ||||||
3 | Director shall
be as determined by the Commission. The | ||||||
4 | Executive Director of the Legislative
Ethics Commission may | ||||||
5 | employ, subject to the approval of at least 3 of the 4 | ||||||
6 | legislative leaders, and determine the
compensation of staff, | ||||||
7 | as appropriations permit.
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8 | (i) In consultation with the Legislative Inspector | ||||||
9 | General, the Legislative Ethics Commission may develop | ||||||
10 | comprehensive training for members and employees under its | ||||||
11 | jurisdiction that includes, but is not limited to, sexual | ||||||
12 | harassment, employment discrimination, and workplace civility. | ||||||
13 | The training may be recommended to the ultimate jurisdictional | ||||||
14 | authorities and may be approved by the Commission to satisfy | ||||||
15 | the sexual harassment training required under Section 5-10.5 or | ||||||
16 | be provided in addition to the annual sexual harassment | ||||||
17 | training required under Section 5-10.5. The Commission may seek | ||||||
18 | input from governmental agencies or private entities for | ||||||
19 | guidance in developing such training. | ||||||
20 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
21 | (5 ILCS 430/25-10)
| ||||||
22 | Sec. 25-10. Office of Legislative Inspector General.
| ||||||
23 | (a) The independent Office of the Legislative Inspector | ||||||
24 | General is created.
The Office shall be under the direction and | ||||||
25 | supervision of the
Legislative Inspector General and shall be a |
| |||||||
| |||||||
1 | fully independent office with its
own appropriation.
| ||||||
2 | (b) The Legislative Inspector General shall be appointed | ||||||
3 | without regard to
political
affiliation and solely on the basis | ||||||
4 | of integrity and
demonstrated ability.
The Legislative Ethics
| ||||||
5 | Commission shall diligently search out qualified candidates | ||||||
6 | for Legislative
Inspector General
and shall make | ||||||
7 | recommendations to the General Assembly. The Legislative | ||||||
8 | Inspector General may serve in a full-time, part-time, or | ||||||
9 | contractual capacity.
| ||||||
10 | The Legislative Inspector General shall be appointed by a | ||||||
11 | joint resolution of
the
Senate and the House of | ||||||
12 | Representatives, which may specify the date on
which the | ||||||
13 | appointment takes effect.
A joint resolution, or other document | ||||||
14 | as may be specified by the
Joint Rules of the General Assembly, | ||||||
15 | appointing the Legislative Inspector
General must be certified | ||||||
16 | by
the Speaker
of the House of Representatives and the | ||||||
17 | President of the Senate as having been
adopted by the
| ||||||
18 | affirmative vote of three-fifths of the members elected to each | ||||||
19 | house,
respectively,
and be filed with the Secretary of State.
| ||||||
20 | The appointment of the Legislative Inspector General takes | ||||||
21 | effect on the day
the
appointment is completed by the General | ||||||
22 | Assembly, unless the appointment
specifies a later date on | ||||||
23 | which it is to become effective.
| ||||||
24 | The Legislative Inspector General shall have the following | ||||||
25 | qualifications:
| ||||||
26 | (1) has not been convicted of any felony under the laws |
| |||||||
| |||||||
1 | of this State,
another state, or the United States;
| ||||||
2 | (2) has earned a baccalaureate degree from an | ||||||
3 | institution of higher
education; and
| ||||||
4 | (3) has 5 or more years of cumulative service (A) with | ||||||
5 | a federal,
State, or
local law enforcement agency, at least | ||||||
6 | 2 years of which have been in a
progressive investigatory | ||||||
7 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
8 | as a
senior manager or executive of a federal, State, or | ||||||
9 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
10 | federal judge; or (E) representing any combination of (A) | ||||||
11 | through (D).
| ||||||
12 | The Legislative Inspector General may not be a relative of | ||||||
13 | a commissioner.
| ||||||
14 | The term of the initial Legislative Inspector General shall
| ||||||
15 | commence upon qualification and shall run through June 30, | ||||||
16 | 2008.
| ||||||
17 | After the initial term, the Legislative Inspector General | ||||||
18 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
19 | of appointment
and running through June 30 of the fifth | ||||||
20 | following year. The
Legislative Inspector General may be | ||||||
21 | reappointed to one or more
subsequent terms. Terms shall run | ||||||
22 | regardless of whether the position is filled.
| ||||||
23 | (b-5) A vacancy occurring other than at the end of a term | ||||||
24 | shall be filled in the
same manner as an appointment only for | ||||||
25 | the balance of the term of the
Legislative
Inspector General | ||||||
26 | whose office is vacant. Within 7 days of the Office becoming |
| |||||||
| |||||||
1 | vacant or receipt of a Legislative Inspector General's | ||||||
2 | prospective resignation, the vacancy shall be publicly posted | ||||||
3 | on the Commission's website, along with a description of the | ||||||
4 | requirements for the position and where applicants may apply. | ||||||
5 | Within 45 days of the vacancy, If the Office is vacant, or | ||||||
6 | if a Legislative Inspector General resigns, the Commission | ||||||
7 | shall designate an Acting Legislative Inspector General who | ||||||
8 | shall serve until the vacancy is filled. The Commission shall | ||||||
9 | file the designation in writing with the Secretary of State. | ||||||
10 | Within 60 days prior to the end of the term of the | ||||||
11 | Legislative Inspector General or within 30 days of the | ||||||
12 | occurrence of a vacancy in the Office of the Legislative | ||||||
13 | Inspector General, the Legislative Ethics Commission shall | ||||||
14 | establish a four-member search committee within the Commission | ||||||
15 | for the purpose of conducting a search for qualified candidates | ||||||
16 | to serve as Legislative Inspector General. The Speaker of the | ||||||
17 | House of Representatives, Minority Leader of the House, Senate | ||||||
18 | President, and Minority Leader of the Senate shall each appoint | ||||||
19 | one member to the search committee. A member of the search | ||||||
20 | committee shall be either a retired judge or former prosecutor | ||||||
21 | and may not be a member or employee of the General Assembly or | ||||||
22 | a registered lobbyist. If the Legislative Ethics Commission | ||||||
23 | wishes to recommend that the Legislative Inspector General be | ||||||
24 | re-appointed, a search committee does not need to be appointed. | ||||||
25 | The search committee shall conduct a search for qualified | ||||||
26 | candidates, accept applications, and conduct interviews. The |
| |||||||
| |||||||
1 | search committee shall recommend up to 3 candidates for | ||||||
2 | Legislative Inspector General to the Legislative Ethics | ||||||
3 | Commission. The search committee shall be disbanded upon an | ||||||
4 | appointment of the Legislative Inspector General. Members of | ||||||
5 | the search committee are not entitled to compensation but shall | ||||||
6 | be entitled to reimbursement of reasonable expenses incurred in | ||||||
7 | connection with the performance of their duties. | ||||||
8 | Within 30 days after the effective date of this amendatory | ||||||
9 | Act of the 100th General Assembly, the Legislative Ethics | ||||||
10 | Commission shall create a search committee in the manner | ||||||
11 | provided for in this subsection to recommend up to 3 candidates | ||||||
12 | for Legislative Inspector General to the Legislative Ethics | ||||||
13 | Commission by October 31, 2018. | ||||||
14 | If a vacancy exists and the Commission has not appointed an | ||||||
15 | Acting Legislative Inspector General, either the staff of the | ||||||
16 | Office of the Legislative Inspector General, or if there is no | ||||||
17 | staff, the Executive Director, shall advise the Commission of | ||||||
18 | all open investigations and any new allegations or complaints | ||||||
19 | received in the Office of the Inspector General. These reports | ||||||
20 | shall not include the name of any person identified in the | ||||||
21 | allegation or complaint, including, but not limited to, the | ||||||
22 | subject of and the person filing the allegation or complaint. | ||||||
23 | Notification shall be made to the Commission on a weekly basis | ||||||
24 | unless the Commission approves of a different reporting | ||||||
25 | schedule.
| ||||||
26 | If the Office of the Inspector General is vacant for 6 |
| |||||||
| |||||||
1 | months or more beginning on or after January 1, 2019, and the | ||||||
2 | Legislative Ethics Commission has not appointed an Acting | ||||||
3 | Legislative Inspector General, all complaints made to the | ||||||
4 | Legislative Inspector General or the Legislative Ethics | ||||||
5 | Commission shall be directed to the Inspector General for the | ||||||
6 | Auditor General, and he or she shall have the authority to act | ||||||
7 | as provided in subsection (c) of this Section and Section 25-20 | ||||||
8 | of this Act, and shall be subject to all laws and rules | ||||||
9 | governing a Legislative Inspector General or Acting | ||||||
10 | Legislative Inspector General. The authority for the Inspector | ||||||
11 | General of the Auditor General under this paragraph shall | ||||||
12 | terminate upon appointment of a Legislative Inspector General | ||||||
13 | or an Acting Legislative Inspector General. | ||||||
14 | Terms shall run regardless of whether the position is | ||||||
15 | filled.
| ||||||
16 | (c) The Legislative Inspector General
shall have | ||||||
17 | jurisdiction over the current and former members of the General | ||||||
18 | Assembly regarding events occurring during a member's term of | ||||||
19 | office and
current and former all State employees regarding | ||||||
20 | events occurring during any period of employment where the | ||||||
21 | State employee's whose ultimate jurisdictional authority is
| ||||||
22 | (i) a legislative leader, (ii) the Senate Operations | ||||||
23 | Commission, or (iii) the
Joint Committee on Legislative Support | ||||||
24 | Services.
| ||||||
25 | The jurisdiction of each Legislative Inspector General is | ||||||
26 | to investigate
allegations of fraud, waste, abuse, |
| |||||||
| |||||||
1 | mismanagement, misconduct, nonfeasance,
misfeasance,
| ||||||
2 | malfeasance, or violations of this Act or violations of other | ||||||
3 | related
laws and rules.
| ||||||
4 | (d) The compensation of the Legislative Inspector General | ||||||
5 | shall
be the greater of an amount (i) determined by the | ||||||
6 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
7 | passed by a majority of members elected in
each chamber.
| ||||||
8 | Subject to Section 25-45 of this Act, the Legislative Inspector | ||||||
9 | General has
full
authority to organize the Office of the | ||||||
10 | Legislative Inspector General,
including the employment and | ||||||
11 | determination of the compensation of
staff, such as deputies, | ||||||
12 | assistants, and other employees, as
appropriations permit. | ||||||
13 | Employment of staff is subject to the approval of at least 3 of | ||||||
14 | the 4 legislative leaders.
| ||||||
15 | (e) No Legislative Inspector General or employee of the | ||||||
16 | Office of
the Legislative Inspector General may, during his or | ||||||
17 | her term of appointment or
employment:
| ||||||
18 | (1) become a candidate for any elective office;
| ||||||
19 | (2) hold any other elected or appointed public office
| ||||||
20 | except for appointments on governmental advisory boards
or | ||||||
21 | study commissions or as otherwise expressly authorized by | ||||||
22 | law;
| ||||||
23 | (3) be actively involved in the affairs of any | ||||||
24 | political party or
political organization; or
| ||||||
25 | (4) actively participate in any campaign for any
| ||||||
26 | elective office.
|
| |||||||
| |||||||
1 | A full-time Legislative Inspector General shall not engage | ||||||
2 | in the practice of law or any other business, employment, or | ||||||
3 | vocation. | ||||||
4 | In this subsection an appointed public office means a | ||||||
5 | position authorized by
law that is filled by an appointing | ||||||
6 | authority as provided by law and does not
include employment by | ||||||
7 | hiring in the ordinary course of business.
| ||||||
8 | (e-1) No Legislative Inspector General or employee of the | ||||||
9 | Office of the
Legislative Inspector General may, for one year | ||||||
10 | after the termination of his or
her appointment or employment:
| ||||||
11 | (1) become a candidate for any elective office;
| ||||||
12 | (2) hold any elected public office; or
| ||||||
13 | (3) hold any appointed State, county, or local judicial | ||||||
14 | office.
| ||||||
15 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
16 | be waived by the
Legislative Ethics Commission.
| ||||||
17 | (f) The Commission may remove the Legislative Inspector | ||||||
18 | General only for
cause. At the time of the removal, the | ||||||
19 | Commission must report to the General
Assembly the | ||||||
20 | justification for the removal.
| ||||||
21 | (Source: P.A. 98-631, eff. 5-29-14.) | ||||||
22 | (5 ILCS 430/25-15)
| ||||||
23 | Sec. 25-15. Duties of the Legislative Ethics Commission. | ||||||
24 | In addition to
duties otherwise assigned by law, the | ||||||
25 | Legislative Ethics Commission shall have
the following duties:
|
| |||||||
| |||||||
1 | (1) To promulgate rules governing the performance of | ||||||
2 | its duties and the
exercise of its powers and governing the | ||||||
3 | investigations of the Legislative
Inspector General. The | ||||||
4 | rules shall be available on the Commission's website and | ||||||
5 | any proposed changes to the rules must be made available to | ||||||
6 | the public on the Commission's website no less than 7 days | ||||||
7 | before the adoption of the changes. Any person shall be | ||||||
8 | given an opportunity to provide written or oral testimony | ||||||
9 | before the Commission in support of or opposition to | ||||||
10 | proposed rules.
| ||||||
11 | (2) To conduct administrative hearings and rule on | ||||||
12 | matters
brought before the Commission only upon the receipt | ||||||
13 | of pleadings
filed by the Legislative Inspector General and | ||||||
14 | not upon its own
prerogative, but may appoint special | ||||||
15 | Legislative Inspectors General as provided
in Section | ||||||
16 | 25-21. Any other allegations of misconduct received by the
| ||||||
17 | Commission from a person other than the Legislative | ||||||
18 | Inspector General
shall be referred to the Office of the | ||||||
19 | Legislative Inspector General.
| ||||||
20 | (3) To prepare and publish manuals and guides and, | ||||||
21 | working with
the Office of the Attorney General, oversee
| ||||||
22 | training of employees under its jurisdiction that explains | ||||||
23 | their duties.
| ||||||
24 | (4) To prepare public information materials to | ||||||
25 | facilitate
compliance, implementation, and enforcement of | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (5) To submit reports as required by this Act.
| ||||||
2 | (6) To the extent authorized by this Act, to make | ||||||
3 | rulings, issue
recommendations, and impose administrative | ||||||
4 | fines,
if appropriate,
in
connection with the | ||||||
5 | implementation and interpretation of this Act.
The powers | ||||||
6 | and duties of the
Commission are limited to matters clearly | ||||||
7 | within the purview of this
Act.
| ||||||
8 | (7) To issue subpoenas with respect to matters pending | ||||||
9 | before the Commission,
subject to the provisions of this | ||||||
10 | Article and in the
discretion of the Commission,
to compel | ||||||
11 | the attendance of witnesses for purposes of testimony and
| ||||||
12 | the production of documents and other items for inspection | ||||||
13 | and
copying.
| ||||||
14 | (8) To appoint special Legislative Inspectors General | ||||||
15 | as provided in Section
25-21.
| ||||||
16 | (9) To conspicuously display on the Commission's | ||||||
17 | website the procedures for reporting a violation of this | ||||||
18 | Act, including how to report violations via email or | ||||||
19 | online. | ||||||
20 | (10) To conspicuously display on the Commission's | ||||||
21 | website any vacancies within the Office of the Legislative | ||||||
22 | Inspector General. | ||||||
23 | (11) To appoint an Acting Legislative Inspector | ||||||
24 | General in the event of a vacancy in the Office of the | ||||||
25 | Legislative Inspector General. | ||||||
26 | (Source: P.A. 100-554, eff. 11-16-17.) |
| |||||||
| |||||||
1 | (5 ILCS 430/25-20)
| ||||||
2 | Sec. 25-20. Duties of the Legislative Inspector
General. | ||||||
3 | In addition to duties otherwise assigned by law,
the | ||||||
4 | Legislative Inspector General shall have the following duties:
| ||||||
5 | (1) To receive and investigate allegations of | ||||||
6 | violations of this
Act. Except as otherwise provided in | ||||||
7 | paragraph (1.5), an investigation may not be initiated
more | ||||||
8 | than one year after the most recent act of the alleged | ||||||
9 | violation or of a
series of alleged violations except where | ||||||
10 | there is reasonable cause to believe
that fraudulent | ||||||
11 | concealment has occurred. To constitute fraudulent | ||||||
12 | concealment
sufficient to toll this limitations period, | ||||||
13 | there must be an affirmative act or
representation | ||||||
14 | calculated to prevent discovery of the fact that a | ||||||
15 | violation
has occurred. The
Legislative Inspector General | ||||||
16 | shall have the discretion to determine the
appropriate | ||||||
17 | means of investigation as permitted by law. | ||||||
18 | (1.5) Notwithstanding any provision of law to the | ||||||
19 | contrary, the Legislative Inspector General, whether | ||||||
20 | appointed by the Legislative Ethics Commission or the | ||||||
21 | General Assembly, may initiate an investigation based on | ||||||
22 | information provided to the Office of the Legislative | ||||||
23 | Inspector General or the Legislative Ethics Commission | ||||||
24 | during the period from December 1, 2014 through November 3, | ||||||
25 | 2017. Any investigation initiated under this paragraph |
| |||||||
| |||||||
1 | (1.5) must be initiated within one year after the effective | ||||||
2 | date of this amendatory Act of the 100th General Assembly.
| ||||||
3 | Notwithstanding any provision of law to the contrary, the | ||||||
4 | Legislative Inspector General, through the Attorney General, | ||||||
5 | shall have the authority to file a complaint related to any | ||||||
6 | founded violations that occurred during the period December 1, | ||||||
7 | 2014 through November 3, 2017 to the Legislative Ethics | ||||||
8 | Commission, and the Commission shall have jurisdiction to | ||||||
9 | conduct administrative hearings related to any pleadings filed | ||||||
10 | by the Legislative Inspector General, provided the complaint is | ||||||
11 | filed with the Commission no later than 6 months after the | ||||||
12 | summary report is provided to the Attorney General in | ||||||
13 | accordance with subsection (c) of Section 25-50. | ||||||
14 | (2) To request information relating to an | ||||||
15 | investigation from any
person when the Legislative | ||||||
16 | Inspector General deems that information necessary
in
| ||||||
17 | conducting an investigation.
| ||||||
18 | (3) To issue subpoenas, with the advance approval of | ||||||
19 | the Commission,
to compel the attendance of witnesses for | ||||||
20 | the
purposes of testimony and production of documents and | ||||||
21 | other items for
inspection and copying and to make service | ||||||
22 | of those subpoenas and subpoenas
issued under item (7) of | ||||||
23 | Section 25-15.
| ||||||
24 | (4) To submit reports as required by this Act.
| ||||||
25 | (5) To file
pleadings in the name of
the Legislative | ||||||
26 | Inspector General with the Legislative Ethics
Commission, |
| |||||||
| |||||||
1 | through the Attorney General, as provided in this Article | ||||||
2 | if the
Attorney General finds that reasonable cause exists | ||||||
3 | to believe that a violation
has
occurred.
| ||||||
4 | (6) To assist and coordinate the ethics officers
for | ||||||
5 | State agencies under the jurisdiction of the
Legislative | ||||||
6 | Inspector General and to work with those ethics officers.
| ||||||
7 | (7) To participate in or conduct, when appropriate, | ||||||
8 | multi-jurisdictional
investigations.
| ||||||
9 | (8) To request, as the Legislative Inspector General | ||||||
10 | deems appropriate,
from ethics officers
of State agencies | ||||||
11 | under his or her jurisdiction, reports or information
on | ||||||
12 | (i) the content of a State agency's ethics
training program | ||||||
13 | and (ii) the percentage of new officers and
employees who | ||||||
14 | have completed ethics training.
| ||||||
15 | (9) To establish a policy that ensures the appropriate | ||||||
16 | handling and correct recording of all investigations of | ||||||
17 | allegations and to ensure that the policy is accessible via | ||||||
18 | the Internet in order that those seeking to report those | ||||||
19 | allegations are familiar with the process and that the | ||||||
20 | subjects of those allegations are treated fairly. | ||||||
21 | (10) To post information to the Legislative Inspector | ||||||
22 | General's website explaining to complainants and subjects | ||||||
23 | of an investigation the legal limitations on the | ||||||
24 | Legislative Inspector General's ability to provide | ||||||
25 | information to them and a general overview of the | ||||||
26 | investigation process. |
| |||||||
| |||||||
1 | (Source: P.A. 100-553, eff. 11-16-17.) | ||||||
2 | (5 ILCS 430/25-50)
| ||||||
3 | Sec. 25-50. Investigation reports.
| ||||||
4 | (a) If the Legislative Inspector General, upon the | ||||||
5 | conclusion of an
investigation, determines that reasonable | ||||||
6 | cause exists to believe that a
violation
has occurred, then
the | ||||||
7 | Legislative Inspector General shall issue a summary report of | ||||||
8 | the
investigation. The report shall be delivered to the
| ||||||
9 | appropriate ultimate jurisdictional
authority , and to the head | ||||||
10 | of each State
agency
affected by or involved in the | ||||||
11 | investigation, if appropriate , and the member, if any, that is | ||||||
12 | the subject of the report . The appropriate ultimate | ||||||
13 | jurisdictional authority or agency head and the member, if any, | ||||||
14 | that is the subject of the report shall respond to the summary | ||||||
15 | report within 20 days, in writing, to the Legislative Inspector | ||||||
16 | General. If the ultimate jurisdictional authority is the | ||||||
17 | subject of the report, he or she may only respond to the | ||||||
18 | summary report in his or her capacity as the subject of the | ||||||
19 | report and shall not respond in his or her capacity as the | ||||||
20 | ultimate jurisdictional authority. The response shall include | ||||||
21 | a description of any corrective or disciplinary action to be | ||||||
22 | imposed. If the appropriate ultimate jurisdictional authority | ||||||
23 | or the member that is the subject of the report does not | ||||||
24 | respond within 20 days, or within an extended time as agreed to | ||||||
25 | by the Legislative Inspector General, the Legislative |
| |||||||
| |||||||
1 | Inspector General may proceed under subsection (c) as if a | ||||||
2 | response had been received. A member receiving and responding | ||||||
3 | to a report under this Section shall be deemed to be acting in | ||||||
4 | his or her official capacity.
| ||||||
5 | (b) The summary report of the investigation shall include | ||||||
6 | the following:
| ||||||
7 | (1) A description of any allegations or other | ||||||
8 | information
received by the Legislative Inspector General | ||||||
9 | pertinent to the
investigation.
| ||||||
10 | (2) A description of any alleged misconduct discovered | ||||||
11 | in the
course of the investigation.
| ||||||
12 | (3) Recommendations for any corrective or disciplinary
| ||||||
13 | action to be taken in response to any alleged misconduct | ||||||
14 | described in the
report, including but not limited to | ||||||
15 | discharge.
| ||||||
16 | (4) Other information the Legislative Inspector | ||||||
17 | General
deems relevant to the investigation or resulting | ||||||
18 | recommendations.
| ||||||
19 | (c) Within 30 days after receiving a response from the | ||||||
20 | appropriate ultimate jurisdictional authority or agency head | ||||||
21 | under subsection (a), the Legislative Inspector General shall | ||||||
22 | notify the Commission and the Attorney General if the | ||||||
23 | Legislative Inspector General believes that a complaint should | ||||||
24 | be filed with the Commission. If
the Legislative Inspector | ||||||
25 | General desires to file a
complaint with the Commission, the | ||||||
26 | Legislative Inspector General shall submit the summary report |
| |||||||
| |||||||
1 | and supporting documents to
the
Attorney General. If the | ||||||
2 | Attorney General concludes that there is insufficient evidence | ||||||
3 | that a violation has occurred, the Attorney General shall | ||||||
4 | notify the Legislative Inspector General and the Legislative | ||||||
5 | Inspector General shall deliver to the Legislative Ethics | ||||||
6 | Commission a copy of the summary report and response from the | ||||||
7 | ultimate jurisdictional authority or agency head.
If the | ||||||
8 | Attorney General determines
that reasonable cause exists to | ||||||
9 | believe that a violation has occurred, then the
Legislative | ||||||
10 | Inspector
General, represented by the Attorney
General, may | ||||||
11 | file with the Legislative Ethics Commission a complaint.
The | ||||||
12 | complaint shall set
forth the alleged violation and the
grounds | ||||||
13 | that exist to support the complaint. Except as provided under | ||||||
14 | subsection (1.5) of Section 20, the The complaint must be filed | ||||||
15 | with the Commission within 18 months
after the most recent act | ||||||
16 | of the alleged violation or of a series of alleged
violations
| ||||||
17 | except where there is reasonable cause to believe
that | ||||||
18 | fraudulent concealment has occurred. To constitute fraudulent | ||||||
19 | concealment
sufficient to toll this limitations period, there | ||||||
20 | must be an affirmative act or
representation calculated to | ||||||
21 | prevent discovery of the fact that a violation has
occurred.
If | ||||||
22 | a complaint is not filed with the Commission
within 6 months | ||||||
23 | after notice by the Inspector General to the Commission and the
| ||||||
24 | Attorney General, then the Commission may set a meeting of the | ||||||
25 | Commission at
which the Attorney General shall appear and | ||||||
26 | provide a status
report to the Commission.
|
| |||||||
| |||||||
1 | (c-5) Within 30 days after receiving a response from the | ||||||
2 | appropriate ultimate jurisdictional authority or agency head | ||||||
3 | under subsection (a), if the Legislative Inspector General does | ||||||
4 | not believe that a complaint should be filed, the Legislative | ||||||
5 | Inspector General shall deliver to the Legislative Ethics | ||||||
6 | Commission a statement setting forth the basis for the decision | ||||||
7 | not to file a complaint and a copy of the summary report and | ||||||
8 | response from the ultimate jurisdictional authority or agency | ||||||
9 | head. The Inspector General may also submit a redacted version | ||||||
10 | of the summary report and response from the ultimate | ||||||
11 | jurisdictional authority if the Inspector General believes | ||||||
12 | either contains information that, in the opinion of the | ||||||
13 | Inspector General, should be redacted prior to releasing the | ||||||
14 | report, may interfere with an ongoing investigation, or | ||||||
15 | identifies an informant or complainant. | ||||||
16 | (c-10) If, after reviewing the documents, the Commission | ||||||
17 | believes that further investigation is warranted, the | ||||||
18 | Commission may request that the Legislative Inspector General | ||||||
19 | provide additional information or conduct further | ||||||
20 | investigation. The Commission may also refer the summary report | ||||||
21 | and response from the ultimate jurisdictional authority to the | ||||||
22 | Attorney General for further investigation or review. If the | ||||||
23 | Commission requests the Attorney General to investigate or | ||||||
24 | review, the Commission must notify the Attorney General and the | ||||||
25 | Legislative Inspector General. The Attorney General may not | ||||||
26 | begin an investigation or review until receipt of notice from |
| |||||||
| |||||||
1 | the Commission. If, after review, the Attorney General | ||||||
2 | determines that reasonable cause exists to believe that a | ||||||
3 | violation has occurred, then the Attorney General may file a | ||||||
4 | complaint with the Legislative Ethics Commission. If the | ||||||
5 | Attorney General concludes that there is insufficient evidence | ||||||
6 | that a violation has occurred, the Attorney General shall | ||||||
7 | notify the Legislative Ethics Commission and the appropriate | ||||||
8 | Legislative Inspector General. | ||||||
9 | (d) A copy of the complaint filed with the Legislative | ||||||
10 | Ethics Commission must be served on all respondents named in | ||||||
11 | the
complaint and on each respondent's ultimate jurisdictional | ||||||
12 | authority in
the same manner as process is served under the | ||||||
13 | Code of Civil
Procedure.
| ||||||
14 | (e) A respondent may file objections to the complaint | ||||||
15 | within 30 days after notice of the petition has been
served on | ||||||
16 | the respondent.
| ||||||
17 | (f) The Commission shall meet, at least 30 days after the | ||||||
18 | complaint is served on all respondents either in person or by | ||||||
19 | telephone,
in a closed session to review the sufficiency of the | ||||||
20 | complaint.
The Commission shall
issue notice by certified mail, | ||||||
21 | return receipt requested, to the Legislative Inspector | ||||||
22 | General, the Attorney General, and all respondents of
the | ||||||
23 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
24 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
25 | Act, then the Commission shall
include a hearing date scheduled | ||||||
26 | within 4 weeks after the date of the notice,
unless all of the |
| |||||||
| |||||||
1 | parties consent to a later date.
If the complaint is deemed not | ||||||
2 | to sufficiently allege a
violation, then
the Commission shall | ||||||
3 | send by certified mail, return receipt requested,
a notice to | ||||||
4 | the Legislative Inspector General, the Attorney General, and | ||||||
5 | all respondents the decision to dismiss the complaint.
| ||||||
6 | (g) On the scheduled date
the Commission shall conduct a | ||||||
7 | closed meeting,
either in person or, if the parties consent, by | ||||||
8 | telephone, on the complaint and
allow all
parties the | ||||||
9 | opportunity to present testimony and evidence.
All such | ||||||
10 | proceedings shall be transcribed.
| ||||||
11 | (h) Within an appropriate time limit set by rules of the | ||||||
12 | Legislative
Ethics Commission, the Commission shall (i) | ||||||
13 | dismiss the
complaint, (ii) issue a recommendation of | ||||||
14 | discipline to the
respondent and the respondent's ultimate | ||||||
15 | jurisdictional authority, (iii)
impose an administrative fine | ||||||
16 | upon the respondent, (iv) issue injunctive relief as described | ||||||
17 | in Section 50-10, or (v) impose a combination of (ii) through | ||||||
18 | (iv).
| ||||||
19 | (i) The proceedings on any complaint filed with the | ||||||
20 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
21 | the Commission.
| ||||||
22 | (j) The Commission may designate hearing officers
to | ||||||
23 | conduct proceedings as determined by rule of the Commission.
| ||||||
24 | (k) In all proceedings before the Commission, the standard | ||||||
25 | of
proof is by a preponderance of the evidence.
| ||||||
26 | (l) Within 30 days after the issuance of a final |
| |||||||
| |||||||
1 | administrative decision that concludes that a violation | ||||||
2 | occurred, the Legislative Ethics Commission shall make public | ||||||
3 | the entire record of proceedings before the Commission, the | ||||||
4 | decision, any recommendation, any discipline imposed, and the | ||||||
5 | response from the agency head or ultimate jurisdictional | ||||||
6 | authority to the Legislative Ethics Commission.
| ||||||
7 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
8 | (5 ILCS 430/25-70)
| ||||||
9 | Sec. 25-70. Cooperation in investigations. It is the duty | ||||||
10 | of
every officer and employee under the jurisdiction of the | ||||||
11 | Legislative
Inspector General, including any inspector general | ||||||
12 | serving in any
State agency under the jurisdiction of the | ||||||
13 | Legislative Inspector
General, to cooperate with the | ||||||
14 | Legislative Inspector General and the Attorney General in any
| ||||||
15 | investigation undertaken pursuant to this Act. Failure to | ||||||
16 | cooperate includes, but is not limited to, intentional | ||||||
17 | omissions and knowing false statements. Failure to cooperate
| ||||||
18 | with an investigation of the Legislative Inspector General or | ||||||
19 | the Attorney General is grounds
for disciplinary action, | ||||||
20 | including dismissal. Nothing in this Section limits or
alters a | ||||||
21 | person's existing rights or privileges under State or federal | ||||||
22 | law.
| ||||||
23 | (Source: P.A. 93-617, eff. 12-9-03.) | ||||||
24 | (5 ILCS 430/25-85)
|
| |||||||
| |||||||
1 | Sec. 25-85. Quarterly reports by the Legislative Inspector | ||||||
2 | General.
The Legislative Inspector General shall submit | ||||||
3 | quarterly
reports of claims within his or her jurisdiction | ||||||
4 | filed with the Office of the Legislative Inspector General to | ||||||
5 | the General Assembly and the
Legislative Ethics Commission, on | ||||||
6 | dates determined by the
Legislative Ethics Commission, | ||||||
7 | indicating:
| ||||||
8 | (1) the total number of allegations received since the | ||||||
9 | date of the last report and the total number of allegations | ||||||
10 | received since the date of the last report by category of | ||||||
11 | claim ; | ||||||
12 | (2) the total number of investigations initiated since | ||||||
13 | the date of
the last report and the total number of | ||||||
14 | investigations initiated since the date of the last report | ||||||
15 | by category of claim ;
| ||||||
16 | (3) the total number of investigations concluded since | ||||||
17 | the date of
the last report and the total number of | ||||||
18 | investigations concluded since the date of the last report | ||||||
19 | by category of claim ;
| ||||||
20 | (4) the total number of investigations pending as of | ||||||
21 | the reporting
date and the total number of investigations | ||||||
22 | pending as of the reporting date by category of claim ;
| ||||||
23 | (5) the total number of complaints forwarded to the | ||||||
24 | Attorney General since the
date of the last report; and
| ||||||
25 | (6) the total number of actions filed with the | ||||||
26 | Legislative Ethics Commission
since the date of the last |
| |||||||
| |||||||
1 | report , and the total number of
actions pending before the | ||||||
2 | Legislative Ethics Commission as of the reporting
date , the | ||||||
3 | total number of actions filed with the Legislative Ethics | ||||||
4 | Commission since the date of the last report by category of | ||||||
5 | claim, and the total number of actions pending before the | ||||||
6 | Legislative Ethics Commission as of the reporting date by | ||||||
7 | category of claim; | ||||||
8 | (7) the number of allegations referred to any law | ||||||
9 | enforcement agency since the date of the last report; | ||||||
10 | (8) the total number of allegations referred to another | ||||||
11 | investigatory body since the date of the last report; and | ||||||
12 | (9) the cumulative number of each of the foregoing for | ||||||
13 | the current calendar year . | ||||||
14 | For the purposes of this Section, "category of claim" shall | ||||||
15 | include discrimination claims, harassment claims, sexual | ||||||
16 | harassment claims, retaliation claims, gift ban claims, | ||||||
17 | prohibited political activity claims, revolving door | ||||||
18 | prohibition claims, and other, miscellaneous, or | ||||||
19 | uncharacterized claims. | ||||||
20 | The quarterly report shall be available on the website of | ||||||
21 | the Legislative Inspector General.
| ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03.) | ||||||
23 | (5 ILCS 430/25-90)
| ||||||
24 | Sec. 25-90. Confidentiality.
| ||||||
25 | (a) The identity of any individual providing information or |
| |||||||
| |||||||
1 | reporting any
possible or alleged
misconduct to the Legislative | ||||||
2 | Inspector General or the Legislative Ethics
Commission
shall be | ||||||
3 | kept confidential and may not be disclosed
without the consent | ||||||
4 | of that individual, unless the individual consents to
| ||||||
5 | disclosure of his or her name or disclosure of the individual's | ||||||
6 | identity is
otherwise required by law. The confidentiality | ||||||
7 | granted by this subsection does
not preclude the disclosure of | ||||||
8 | the identity of a person in any capacity other
than as the | ||||||
9 | source of an allegation.
| ||||||
10 | (b) Subject to the provisions of Section 25-50(c), | ||||||
11 | commissioners, employees,
and agents of the Legislative Ethics
| ||||||
12 | Commission, the Legislative Inspector General, and employees | ||||||
13 | and agents of the
Office of the Legislative Inspector General | ||||||
14 | shall keep confidential and shall
not disclose information | ||||||
15 | exempted from disclosure under the
Freedom of Information Act | ||||||
16 | or by this Act.
| ||||||
17 | (c) In his or her discretion, the Legislative Inspector | ||||||
18 | General may notify complainants and subjects of an | ||||||
19 | investigation with an update on the status of the respective | ||||||
20 | investigation, including when the investigation is opened and | ||||||
21 | closed. | ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03.) | ||||||
23 | (5 ILCS 430/25-95)
| ||||||
24 | Sec. 25-95. Exemptions.
| ||||||
25 | (a) Documents generated by an ethics
officer under this |
| |||||||
| |||||||
1 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
2 | Freedom
of Information Act.
| ||||||
3 | (a-5) Requests from ethics officers, members, and State | ||||||
4 | employees to the Office of the Legislative Inspector General, a | ||||||
5 | Special Legislative Inspector General, the Legislative Ethics | ||||||
6 | Commission, an ethics officer, or a person designated by a | ||||||
7 | legislative leader for guidance on matters involving the | ||||||
8 | interpretation or application of this Act or rules promulgated | ||||||
9 | under this Act are exempt from the provisions of the Freedom of | ||||||
10 | Information Act. Guidance provided to an ethics officer, | ||||||
11 | member, or State employee at the request of an ethics officer, | ||||||
12 | member, or State employee by the Office of the Legislative | ||||||
13 | Inspector General, a Special Legislative Inspector General, | ||||||
14 | the Legislative Ethics Commission, an ethics officer, or a | ||||||
15 | person designated by a legislative leader on matters involving | ||||||
16 | the interpretation or application of this Act or rules | ||||||
17 | promulgated under this Act is exempt from the provisions of the | ||||||
18 | Freedom of Information Act.
| ||||||
19 | (b) Summary investigation reports released by the | ||||||
20 | Legislative Ethics Commission as provided in Section 25-52 are | ||||||
21 | public records. Otherwise, any allegations
and related | ||||||
22 | documents
submitted to the Legislative Inspector General and | ||||||
23 | any pleadings and
related documents brought before the | ||||||
24 | Legislative Ethics
Commission are exempt from the provisions of | ||||||
25 | the Freedom of
Information Act so long as the Legislative | ||||||
26 | Ethics Commission
does not make a finding of a violation of |
| |||||||
| |||||||
1 | this Act.
If the Legislative
Ethics Commission finds that a | ||||||
2 | violation has occurred, the
entire record of proceedings before | ||||||
3 | the Commission, the decision and
recommendation, and the | ||||||
4 | mandatory report from the agency head or
ultimate | ||||||
5 | jurisdictional authority to the Legislative Ethics
Commission | ||||||
6 | are not exempt from the provisions of the Freedom of
| ||||||
7 | Information Act but information contained therein that is | ||||||
8 | exempt from the
Freedom of Information Act must be redacted | ||||||
9 | before disclosure as provided in
Section 8 of the Freedom of | ||||||
10 | Information Act.
| ||||||
11 | (c) Meetings of the Commission are exempt from the | ||||||
12 | provisions of the Open
Meetings Act.
| ||||||
13 | (d) Unless otherwise provided in this Act, all | ||||||
14 | investigatory files and
reports of the Office of the | ||||||
15 | Legislative Inspector General, other than quarterly
monthly
| ||||||
16 | reports under Section 25-85 , are confidential, are exempt from | ||||||
17 | disclosure
under the Freedom of Information Act, and shall not | ||||||
18 | be divulged to
any person or agency, except as necessary (i) to | ||||||
19 | the appropriate law
enforcement
authority if the matter is | ||||||
20 | referred pursuant to this Act, (ii) to the ultimate
| ||||||
21 | jurisdictional authority, or (iii) to the
Legislative Ethics | ||||||
22 | Commission , or (iv) to the Executive Director of the | ||||||
23 | Legislative Ethics Commission to the extent necessary to advise | ||||||
24 | the Commission of all open investigations and any new | ||||||
25 | allegations or complaints received in the Office of the | ||||||
26 | Inspector General when there is a vacancy in the Office of |
| |||||||
| |||||||
1 | Inspector General pursuant to subparagraph (b-5) of Section | ||||||
2 | 25-10 .
| ||||||
3 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
4 | (5 ILCS 430/25-100 new) | ||||||
5 | Sec. 25-100. Reports. | ||||||
6 | (a) Within 30 days of the effective date of this amendatory | ||||||
7 | Act of the 100th General Assembly, for the period beginning | ||||||
8 | November 4, 2017 until the date of the report, the Legislative | ||||||
9 | Ethics Commission shall issue a report to the General Assembly | ||||||
10 | containing the following information: (i) the total number of | ||||||
11 | summary reports that the Inspector General requested be | ||||||
12 | published; (ii) the total number of summary reports that the | ||||||
13 | Inspector General closed without a request to be published; | ||||||
14 | (iii) the total number of summary reports that the Commission | ||||||
15 | agreed to publish; (iv) the total number of summary reports | ||||||
16 | that the Commission did not agree to publish; (v) the total | ||||||
17 | number of investigations that the Inspector General requested | ||||||
18 | to open; and (vi) the total number of investigations that the | ||||||
19 | Commission did not allow the Inspector General to open. | ||||||
20 | (b) The Legislative Ethics Commission shall issue a | ||||||
21 | quarterly report to the General Assembly within 30 days after | ||||||
22 | the end of each quarter containing the following information | ||||||
23 | for the preceding quarter: (i) the total number of summary | ||||||
24 | reports that the Inspector General requested be published; (ii) | ||||||
25 | the total number of summary reports that the Inspector General |
| |||||||
| |||||||
1 | closed without a request to be published; (iii) the total | ||||||
2 | number of summary reports that the Commission agreed to | ||||||
3 | publish; (iv) the total number of summary reports that the | ||||||
4 | Commission did not agree to publish; (v) the total number of | ||||||
5 | investigations that the Inspector General requested to open; | ||||||
6 | and (vi) the total number of investigations that the Commission | ||||||
7 | did not allow the Inspector General to open. | ||||||
8 | (c) The reports to the General Assembly under this Section | ||||||
9 | shall be provided to the Clerk of the House of Representatives | ||||||
10 | and the Secretary of the Senate in electronic form only, in the | ||||||
11 | manner that the Clerk and the Secretary shall direct. | ||||||
12 | (5 ILCS 430/50-5)
| ||||||
13 | Sec. 50-5. Penalties. | ||||||
14 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
15 | person intentionally
violates any provision of Section 5-15, | ||||||
16 | 5-30, 5-40, or 5-45 or Article 15.
| ||||||
17 | (a-1) An ethics commission may levy an administrative fine | ||||||
18 | for a violation of Section 5-45 of this Act of up to 3 times the | ||||||
19 | total annual compensation that would have been obtained in | ||||||
20 | violation of Section 5-45. | ||||||
21 | (b) A person who intentionally violates any provision
of | ||||||
22 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
23 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
24 | (c) A person who intentionally violates any provision of | ||||||
25 | Article 10 is
guilty of a business
offense and subject to a |
| |||||||
| |||||||
1 | fine of at least $1,001 and up to $5,000.
| ||||||
2 | (d) Any person who intentionally makes a
false report | ||||||
3 | alleging a violation of any provision of this Act to an ethics
| ||||||
4 | commission,
an inspector general,
the State Police, a State's | ||||||
5 | Attorney, the Attorney General, or any other law
enforcement | ||||||
6 | official is guilty of a Class A misdemeanor.
| ||||||
7 | (e) An ethics commission may levy an administrative fine of | ||||||
8 | up to $5,000
against any person
who violates this Act, who | ||||||
9 | intentionally obstructs or interferes with an
investigation
| ||||||
10 | conducted under this Act by an inspector general, or who
| ||||||
11 | intentionally makes a false, frivolous, or bad faith | ||||||
12 | allegation.
| ||||||
13 | (f) In addition to any other penalty that may apply, | ||||||
14 | whether criminal or
civil, a State employee who intentionally | ||||||
15 | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | ||||||
16 | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | ||||||
17 | 25-90 is subject to discipline or discharge by
the
appropriate | ||||||
18 | ultimate
jurisdictional authority.
| ||||||
19 | (g) Any person who violates Section 5-65 is subject to a | ||||||
20 | fine of up to $5,000 per offense, and is subject to discipline | ||||||
21 | or discharge by the appropriate ultimate jurisdictional | ||||||
22 | authority. Each violation of Section 5-65 is a separate | ||||||
23 | offense. Any penalty imposed by an ethics commission shall be | ||||||
24 | separate and distinct from any fines or penalties imposed by a | ||||||
25 | court of law or a State or federal agency.
| ||||||
26 | (h) Any natural person or lobbying entity who intentionally |
| |||||||
| |||||||
1 | violates Section 4.7 , or paragraph (d) of Section 5 , or | ||||||
2 | subsection (a-5) of Section 11 of the Lobbyist Registration Act | ||||||
3 | is guilty of a business offense and shall be subject to a fine | ||||||
4 | of up to $5,000. The Executive Ethics Commission, after the | ||||||
5 | adjudication of a violation of Section 4.7 of the Lobbyist | ||||||
6 | Registration Act for which an investigation was initiated by | ||||||
7 | the Inspector General appointed by the Secretary of State under | ||||||
8 | Section 14 of the Secretary of State Act, is authorized to | ||||||
9 | strike or suspend the registration under the Lobbyist | ||||||
10 | Registration Act of any person or lobbying entity for which | ||||||
11 | that person is employed for a period of up to 3 years. In | ||||||
12 | addition to any other fine or penalty which may be imposed, the | ||||||
13 | Executive Ethics Commission may also levy an administrative | ||||||
14 | fine of up to $5,000 for a violation specified under this | ||||||
15 | subsection (h). Any penalty imposed by an ethics commission | ||||||
16 | shall be separate and distinct from any fines or penalties | ||||||
17 | imposed by a court of law or by the Secretary of State under | ||||||
18 | the Lobbyist Registration Act. | ||||||
19 | (Source: P.A. 100-554, eff. 11-16-17.) | ||||||
20 | Section 10. The Election Code is amended by adding Section | ||||||
21 | 7-8.03 as follows: | ||||||
22 | (10 ILCS 5/7-8.03 new) | ||||||
23 | Sec. 7-8.03. State central committees; discrimination and | ||||||
24 | harassment policies. No later than 90 days after the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 100th General Assembly, each | ||||||
2 | State central committee of an established statewide political | ||||||
3 | party shall establish and maintain a policy that includes, at a | ||||||
4 | minimum: (i) a prohibition on discrimination and harassment; | ||||||
5 | (ii) details on how an individual can report an allegation of | ||||||
6 | discrimination or harassment; (iii) a prohibition on | ||||||
7 | retaliation for reporting discrimination or harassment | ||||||
8 | allegations; and (iv) the consequences of a violation of the | ||||||
9 | prohibition on sexual harassment and the consequences for | ||||||
10 | knowingly making a false report. | ||||||
11 | A State central committee, or its appropriate designee, | ||||||
12 | shall notify the Board of the adoption of the required | ||||||
13 | policies. | ||||||
14 | The requirements of this Section shall not prohibit a | ||||||
15 | political committee from considering political affiliation, as | ||||||
16 | permitted by law and the United States Constitution, when | ||||||
17 | hiring or retaining a person as an employee, consultant, | ||||||
18 | independent contractor, or volunteer. | ||||||
19 | Section 15. The Secretary of State Act is amended by | ||||||
20 | changing Section 14 as follows: | ||||||
21 | (15 ILCS 305/14) | ||||||
22 | Sec. 14. Inspector General. | ||||||
23 | (a) The Secretary of State must, with the advice and | ||||||
24 | consent of the Senate,
appoint an Inspector General for the |
| |||||||
| |||||||
1 | purpose of detection, deterrence, and
prevention of fraud,
| ||||||
2 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
3 | misconduct
that may be criminal in nature in the Office of the | ||||||
4 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
5 | term.
If no successor is appointed and qualified upon the
| ||||||
6 | expiration of the Inspector General's term, the Office of | ||||||
7 | Inspector General is
deemed vacant and the powers and duties | ||||||
8 | under this Section may be exercised
only by an appointed and | ||||||
9 | qualified interim Inspector General until a successor
| ||||||
10 | Inspector General is appointed and qualified.
If the General | ||||||
11 | Assembly is not in session when a vacancy in the Office of
| ||||||
12 | Inspector General occurs, the Secretary of State may appoint an | ||||||
13 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
14 | the next
regularly scheduled session day of the Senate. | ||||||
15 | (b) The Inspector General shall have the following | ||||||
16 | qualifications: | ||||||
17 | (1) has not been convicted of any felony under the laws | ||||||
18 | of this State,
another State, or the United States; | ||||||
19 | (2) has earned a baccalaureate degree from an | ||||||
20 | institution of higher
education; and | ||||||
21 | (3) has either (A) 5 or more years of service with a | ||||||
22 | federal, State, or
local law enforcement agency, at least 2 | ||||||
23 | years of which have been in a
progressive investigatory | ||||||
24 | capacity; (B) 5 or more years of service as a
federal, | ||||||
25 | State, or local prosecutor; or (C) 5 or more years of | ||||||
26 | service as a
senior manager or executive of a federal, |
| |||||||
| |||||||
1 | State, or local
agency. | ||||||
2 | (c) The Inspector General may review, coordinate, and | ||||||
3 | recommend methods and
procedures to increase the integrity of | ||||||
4 | the Office of the Secretary of State.
The duties of the | ||||||
5 | Inspector General shall
supplement and not supplant the duties | ||||||
6 | of the Chief Auditor for the Secretary
of State's Office or any | ||||||
7 | other Inspector General that may be authorized by law.
The | ||||||
8 | Inspector General must report directly to the Secretary
of | ||||||
9 | State. | ||||||
10 | (d) In addition to the authority otherwise provided by this | ||||||
11 | Section, but
only when investigating the Office of the | ||||||
12 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
13 | corruption, mismanagement, gross or aggravated misconduct, or
| ||||||
14 | misconduct that may be criminal in nature, the Inspector | ||||||
15 | General is
authorized: | ||||||
16 | (1) To have access to all records, reports, audits, | ||||||
17 | reviews, documents,
papers, recommendations, or other | ||||||
18 | materials available that relate to programs
and operations | ||||||
19 | with respect to which the Inspector General has | ||||||
20 | responsibilities
under this Section. | ||||||
21 | (2) To make any investigations and reports relating to | ||||||
22 | the administration
of the programs and operations of the | ||||||
23 | Office of the Secretary of State that
are, in the judgment | ||||||
24 | of the Inspector General, necessary or desirable. | ||||||
25 | (3) To request any information or assistance that may | ||||||
26 | be necessary for
carrying out the duties and |
| |||||||
| |||||||
1 | responsibilities provided by this Section from any
local, | ||||||
2 | State, or federal governmental agency or unit thereof. | ||||||
3 | (4) To require by subpoena the
appearance of witnesses | ||||||
4 | and the production of all information, documents,
reports, | ||||||
5 | answers, records, accounts, papers, and other data and | ||||||
6 | documentary
evidence necessary in the performance of the | ||||||
7 | functions assigned by this
Section, with the exception of | ||||||
8 | subsection (c) and with the exception of records
of a labor
| ||||||
9 | organization authorized and recognized under the Illinois | ||||||
10 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
11 | representative of employees of the Secretary
of State, | ||||||
12 | including, but not limited to, records of representation of | ||||||
13 | employees
and
the negotiation of collective bargaining | ||||||
14 | agreements. A subpoena may be issued
under
this paragraph | ||||||
15 | (4) only by the
Inspector General and not by members of the | ||||||
16 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
17 | testimony, documents, or other items who neglects or | ||||||
18 | refuses to
testify or produce documents or other items | ||||||
19 | under the requirements of the
subpoena shall be subject to | ||||||
20 | punishment as
may be determined by a court of competent | ||||||
21 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
22 | other items are covered by the attorney-client
privilege or
| ||||||
23 | any other privilege or right recognized by law or (ii) the | ||||||
24 | testimony,
documents, or other items concern the | ||||||
25 | representation of employees and the
negotiation of | ||||||
26 | collective bargaining agreements by a labor
organization |
| |||||||
| |||||||
1 | authorized and recognized under the Illinois Public
Labor | ||||||
2 | Relations Act to be the exclusive bargaining | ||||||
3 | representative of
employees of the Secretary of State. | ||||||
4 | Nothing in this Section limits a
person's right to | ||||||
5 | protection against self-incrimination under the Fifth
| ||||||
6 | Amendment of the United States Constitution or Article I, | ||||||
7 | Section 10,
of the Constitution of the State of Illinois. | ||||||
8 | (5) To have direct and prompt access to the Secretary | ||||||
9 | of State for any
purpose pertaining to the performance of | ||||||
10 | functions and responsibilities under
this Section. | ||||||
11 | (d-5) In addition to the authority otherwise provided by | ||||||
12 | this Section, the Secretary of State Inspector General shall | ||||||
13 | have jurisdiction to investigate complaints and allegations of | ||||||
14 | wrongdoing by any person or entity related to the Lobbyist | ||||||
15 | Registration Act. When investigating those complaints and | ||||||
16 | allegations, the Inspector General is authorized: | ||||||
17 | (1) To have access to all records, reports, audits, | ||||||
18 | reviews, documents, papers, recommendations, or other | ||||||
19 | materials available that relate to programs and operations | ||||||
20 | with respect to which the Inspector General has | ||||||
21 | responsibilities under this Section. | ||||||
22 | (2) To request any information or assistance that may | ||||||
23 | be necessary for carrying out the duties and | ||||||
24 | responsibilities provided by this Section from any local, | ||||||
25 | State, or federal governmental agency or unit thereof. | ||||||
26 | (3) To require by subpoena the appearance of witnesses |
| |||||||
| |||||||
1 | and the production of all information, documents, reports, | ||||||
2 | answers, records, accounts, papers, and other data and | ||||||
3 | documentary evidence necessary in the performance of the | ||||||
4 | functions assigned by this Section. A subpoena may be | ||||||
5 | issued under this paragraph (3) only by the Inspector | ||||||
6 | General and not by members of the Inspector General's | ||||||
7 | staff. A person duly subpoenaed for testimony, documents, | ||||||
8 | or other items who neglects or refuses to testify or | ||||||
9 | produce documents or other items under the requirements of | ||||||
10 | the subpoena shall be subject to punishment as may be | ||||||
11 | determined by a court of competent jurisdiction, unless the | ||||||
12 | testimony, documents, or other items are covered by the | ||||||
13 | attorney-client privilege or any other privilege or right | ||||||
14 | recognized by law. Nothing in this Section limits a | ||||||
15 | person's right to protection against self-incrimination | ||||||
16 | under the Fifth Amendment of the United States Constitution | ||||||
17 | or Section 10 of Article I of the Constitution of the State | ||||||
18 | of Illinois. | ||||||
19 | (4) To have direct and prompt access to the Secretary | ||||||
20 | of State for any purpose pertaining to the performance of | ||||||
21 | functions and responsibilities under this Section.
| ||||||
22 | (5) As provided in subsection (d) of Section 5 of the | ||||||
23 | Lobbyist Registration Act, to review allegations that an | ||||||
24 | individual required to be registered under the Lobbyist | ||||||
25 | Registration Act has engaged in one or more acts of sexual | ||||||
26 | harassment. Upon completion of that review, the Inspector |
| |||||||
| |||||||
1 | General shall submit a summary of the review to the | ||||||
2 | Executive Ethics Commission. The Inspector General is | ||||||
3 | authorized to file pleadings with the Executive Ethics | ||||||
4 | Commission, through the Attorney General, if the Attorney | ||||||
5 | General finds that reasonable cause exists to believe that | ||||||
6 | a violation regarding acts of sexual harassment has | ||||||
7 | occurred. The Secretary shall adopt rules setting forth the | ||||||
8 | procedures for the review of such allegations. | ||||||
9 | (e) The Inspector General may receive and investigate | ||||||
10 | complaints or
information concerning the possible
existence of | ||||||
11 | an activity constituting a violation of law, rules, or
| ||||||
12 | regulations; mismanagement; abuse of authority; or substantial | ||||||
13 | and specific
danger to the public health and safety. Any person
| ||||||
14 | who knowingly files a
false
complaint or files a complaint with | ||||||
15 | reckless disregard for the truth or the
falsity
of the facts | ||||||
16 | underlying the complaint may be subject to discipline as set | ||||||
17 | forth
in the rules of the Department of Personnel of the | ||||||
18 | Secretary of State or the Inspector General may refer the | ||||||
19 | matter to a State's Attorney or the Attorney General. | ||||||
20 | The Inspector General may not, after receipt of a complaint | ||||||
21 | or information, disclose the
identity of the source
without the | ||||||
22 | consent of the source, unless the
Inspector General determines | ||||||
23 | that
disclosure of the identity is reasonable and necessary for | ||||||
24 | the furtherance of
the
investigation. | ||||||
25 | Any employee who has the authority to recommend or
approve | ||||||
26 | any personnel action or to direct others to recommend or |
| |||||||
| |||||||
1 | approve any
personnel action may not, with respect to that | ||||||
2 | authority, take or threaten to
take any action against any | ||||||
3 | employee as a reprisal for making a
complaint or disclosing | ||||||
4 | information to the Inspector General, unless the
complaint was | ||||||
5 | made or the information disclosed with the knowledge that it | ||||||
6 | was
false or with willful disregard for its truth or falsity. | ||||||
7 | (f) The Inspector General must adopt rules, in accordance | ||||||
8 | with the
provisions of the Illinois Administrative Procedure | ||||||
9 | Act, establishing minimum
requirements for initiating, | ||||||
10 | conducting, and completing investigations. The
rules must | ||||||
11 | establish criteria for determining, based upon the nature of | ||||||
12 | the
allegation, the appropriate method of investigation, which | ||||||
13 | may include, but is
not limited to, site visits, telephone | ||||||
14 | contacts, personal interviews, or
requests for written | ||||||
15 | responses. The rules must also clarify how the Office of
the | ||||||
16 | Inspector General shall interact with other local, State, and | ||||||
17 | federal law
enforcement investigations. | ||||||
18 | Any employee of the Secretary of State subject to | ||||||
19 | investigation or inquiry
by the Inspector General or any agent | ||||||
20 | or representative of the Inspector
General concerning | ||||||
21 | misconduct that is criminal in nature shall have the right
to | ||||||
22 | be notified of the right to remain silent
during the | ||||||
23 | investigation or inquiry and the right to be represented in the
| ||||||
24 | investigation or inquiry by an attorney or a representative of | ||||||
25 | a labor
organization that is
the exclusive collective | ||||||
26 | bargaining representative of employees of the
Secretary of |
| |||||||
| |||||||
1 | State.
Any investigation or inquiry by the Inspector General or | ||||||
2 | any agent or
representative of the Inspector General must be | ||||||
3 | conducted with an awareness of
the provisions of a collective | ||||||
4 | bargaining agreement that applies to the
employees
of the | ||||||
5 | Secretary of State and with an awareness of the rights of the | ||||||
6 | employees
as set forth in State and federal law and applicable | ||||||
7 | judicial decisions. Any
recommendations for discipline or any | ||||||
8 | action taken
against any employee by the
Inspector General or | ||||||
9 | any representative or agent of the Inspector General must
| ||||||
10 | comply with the provisions of the collective bargaining | ||||||
11 | agreement that applies
to the employee. | ||||||
12 | (g) On or before January 1 of each year, the Inspector | ||||||
13 | General shall report
to the President of the Senate, the | ||||||
14 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
15 | Representatives, and the Minority Leader of the House of
| ||||||
16 | Representatives on the types of investigations and the | ||||||
17 | activities undertaken by
the Office of the Inspector General | ||||||
18 | during the previous calendar year. | ||||||
19 | (Source: P.A. 100-554, eff. 11-16-17.) | ||||||
20 | Section 20. The Legislative Information System Act is | ||||||
21 | amended by adding Section 9 as follows: | ||||||
22 | (25 ILCS 145/9 new) | ||||||
23 | Sec. 9. Information regarding discrimination and | ||||||
24 | harassment. The System shall establish a page for electronic |
| |||||||
| |||||||
1 | public access on the General Assembly's website that provides | ||||||
2 | information regarding discrimination and harassment, | ||||||
3 | including, but not limited to: | ||||||
4 | (1) the name and contact information for the ethics officer | ||||||
5 | for each caucus; | ||||||
6 | (2) the name and contact information for the Legislative | ||||||
7 | Inspector General and information on how to file a complaint; | ||||||
8 | (3) a direct link to the website of the Department of Human | ||||||
9 | Rights for harassment and discrimination and the Department's | ||||||
10 | hotline phone number; and | ||||||
11 | (4) the name and contact information for the chief of staff | ||||||
12 | for each legislative caucus leader. | ||||||
13 | A direct link to the page required by this Section shall be | ||||||
14 | included on the front page of the General Assembly's website. | ||||||
15 | Section 25. The Lobbyist Registration Act is amended by | ||||||
16 | changing Section 11 as follows:
| ||||||
17 | (25 ILCS 170/11) (from Ch. 63, par. 181)
| ||||||
18 | Sec. 11. Enforcement.
| ||||||
19 | (a) The Secretary of State Inspector General appointed | ||||||
20 | under Section 14 of the Secretary of State Act shall initiate | ||||||
21 | investigations of violations of this Act upon receipt of | ||||||
22 | credible evidence of a violation. If, upon conclusion of an | ||||||
23 | investigation, the Inspector General reasonably believes a | ||||||
24 | violation of this Act has occurred, the Inspector General shall |
| |||||||
| |||||||
1 | provide the alleged violator with written notification of the | ||||||
2 | alleged violation. Within 30 calendar days after receipt of the | ||||||
3 | notification, the alleged violator shall submit a written | ||||||
4 | response to the Inspector General. The response shall indicate | ||||||
5 | whether the alleged violator (i) disputes the alleged | ||||||
6 | violation, including any facts that reasonably prove the | ||||||
7 | alleged violation did not violate the Act, or (ii) agrees to | ||||||
8 | take action to correct the alleged violation within 30 calendar | ||||||
9 | days, including a description of the action the alleged | ||||||
10 | violator has taken or will take to correct the alleged | ||||||
11 | violation. If the alleged violator disputes the alleged | ||||||
12 | violation or fails to respond to the notification of the | ||||||
13 | alleged violation, the Inspector General shall transmit the | ||||||
14 | evidence to the appropriate State's Attorney or Attorney | ||||||
15 | General. If the alleged violator agrees to take action to | ||||||
16 | correct the alleged violation, the Inspector General shall make | ||||||
17 | available to the public the notification from the Inspector | ||||||
18 | General and the response from the alleged violator and shall | ||||||
19 | not transmit the evidence to the appropriate State's Attorney | ||||||
20 | or Attorney General. Nothing in this Act requires the Inspector | ||||||
21 | General to notify an alleged violator of an ongoing | ||||||
22 | investigation or to notify the alleged violator of a referral | ||||||
23 | of any evidence to a law enforcement agency, a State's | ||||||
24 | Attorney, or the Attorney General pursuant to subsection (c). | ||||||
25 | (a-5) Failure to cooperate in an investigation initiated by | ||||||
26 | the Secretary of State Inspector General appointed under |
| |||||||
| |||||||
1 | Section 14 of the Secretary of State Act is a separate and | ||||||
2 | punishable offense for which the Secretary of State Inspector | ||||||
3 | General, through the Attorney General, shall file pleadings | ||||||
4 | with the Executive Ethics Commission, which has the discretion | ||||||
5 | to strike or suspend the registration of any person, or | ||||||
6 | lobbying entity for which that person is employed, registered | ||||||
7 | under this Act. Nothing in this Section limits or alters a | ||||||
8 | person's existing rights or protections under State or federal | ||||||
9 | law. | ||||||
10 | (b) Any violation of this Act may be prosecuted in the | ||||||
11 | county where the offense is committed or in Sangamon County. In | ||||||
12 | addition to the State's Attorney of the appropriate county, the | ||||||
13 | Attorney General of Illinois also is authorized to prosecute | ||||||
14 | any violation of this Act. | ||||||
15 | (c) Notwithstanding any other provision of this Act, the | ||||||
16 | Inspector General may at any time refer evidence of a violation | ||||||
17 | of State or federal law, in addition to a violation of this | ||||||
18 | Act, to the appropriate law enforcement agency, State's | ||||||
19 | Attorney, or Attorney General.
| ||||||
20 | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| ||||||
21 | Section 30. The Illinois Human Rights Act is amended by | ||||||
22 | changing Sections 2-102, 2-107, and 7A-102 as follows:
| ||||||
23 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| ||||||
24 | Sec. 2-102. Civil Rights Violations - Employment. It is a |
| |||||||
| |||||||
1 | civil
rights violation:
| ||||||
2 | (A) Employers. For any employer to refuse to hire, to | ||||||
3 | segregate, or
to act with respect to recruitment, hiring, | ||||||
4 | promotion, renewal of employment,
selection for training or | ||||||
5 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
6 | privileges or conditions of employment on the basis of unlawful
| ||||||
7 | discrimination or citizenship status.
| ||||||
8 | (A-5) Language. For an employer to impose a restriction | ||||||
9 | that has the
effect of prohibiting a language from being spoken | ||||||
10 | by an employee in
communications that are unrelated to the | ||||||
11 | employee's duties.
| ||||||
12 | For the purposes of this subdivision (A-5), "language" | ||||||
13 | means a person's
native tongue, such as Polish, Spanish, or
| ||||||
14 | Chinese.
"Language" does not include such things as slang, | ||||||
15 | jargon, profanity, or
vulgarity.
| ||||||
16 | (B) Employment Agency. For any employment agency to fail or | ||||||
17 | refuse
to classify properly, accept applications and register | ||||||
18 | for employment
referral or apprenticeship referral, refer for | ||||||
19 | employment, or refer for
apprenticeship on the basis of | ||||||
20 | unlawful discrimination or citizenship
status or to accept from | ||||||
21 | any person any job order, requisition or request
for referral | ||||||
22 | of applicants for employment or apprenticeship which makes or
| ||||||
23 | has the effect of making unlawful discrimination or | ||||||
24 | discrimination on the
basis of citizenship status a condition | ||||||
25 | of referral.
| ||||||
26 | (C) Labor Organization. For any labor organization to |
| |||||||
| |||||||
1 | limit,
segregate or classify its membership, or to limit | ||||||
2 | employment
opportunities, selection and training for | ||||||
3 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
4 | fail to take, any action which affects
adversely any person's | ||||||
5 | status as an employee or as an applicant for
employment or as | ||||||
6 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
7 | wages, tenure, hours of employment or apprenticeship | ||||||
8 | conditions on the
basis of unlawful discrimination or | ||||||
9 | citizenship status.
| ||||||
10 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
11 | any employer,
employment agency or labor organization to engage | ||||||
12 | in sexual harassment;
provided, that an employer shall be | ||||||
13 | responsible for sexual harassment
of the employer's employees | ||||||
14 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
15 | only if the employer becomes aware of the conduct and fails to
| ||||||
16 | take reasonable corrective measures.
| ||||||
17 | (E) Public Employers. For any public employer to refuse to | ||||||
18 | permit a
public employee under its jurisdiction who takes time | ||||||
19 | off from work in
order to practice his or her religious beliefs | ||||||
20 | to engage in work, during hours
other than such employee's | ||||||
21 | regular working hours, consistent with the
operational needs of | ||||||
22 | the employer and in order to compensate for work time
lost for | ||||||
23 | such religious reasons. Any employee who elects such deferred
| ||||||
24 | work shall be compensated at the wage rate which he or she | ||||||
25 | would have
earned during the originally scheduled work period. | ||||||
26 | The employer may
require that an employee who plans to take |
| |||||||
| |||||||
1 | time off from work in order to
practice his or her religious | ||||||
2 | beliefs provide the employer with a notice of
his or her | ||||||
3 | intention to be absent from work not exceeding 5 days prior to
| ||||||
4 | the date of absence.
| ||||||
5 | (E-5) Religious discrimination. For any employer to impose | ||||||
6 | upon a person as a condition of obtaining or retaining | ||||||
7 | employment, including opportunities for promotion, | ||||||
8 | advancement, or transfer, any terms or conditions that would | ||||||
9 | require such person to violate or forgo a sincerely held | ||||||
10 | practice of his or her religion including, but not limited to, | ||||||
11 | the wearing of any attire, clothing, or facial hair in | ||||||
12 | accordance with the requirements of his or her religion, | ||||||
13 | unless, after engaging in a bona fide effort, the employer | ||||||
14 | demonstrates that it is unable to reasonably accommodate the | ||||||
15 | employee's or prospective employee's sincerely held religious | ||||||
16 | belief, practice, or observance without undue hardship on the | ||||||
17 | conduct of the employer's business. | ||||||
18 | Nothing in this Section prohibits an employer from enacting | ||||||
19 | a dress code or grooming policy that may include restrictions | ||||||
20 | on attire, clothing, or facial hair to maintain workplace | ||||||
21 | safety or food sanitation. | ||||||
22 | (F) Training and Apprenticeship Programs. For any | ||||||
23 | employer,
employment agency or labor organization to | ||||||
24 | discriminate against a person on
the basis of age in the | ||||||
25 | selection, referral for or conduct of apprenticeship
or | ||||||
26 | training programs.
|
| |||||||
| |||||||
1 | (G) Immigration-Related Practices. | ||||||
2 | (1) for an employer to request for
purposes of | ||||||
3 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
4 | of
the United States Code, as now or hereafter amended, | ||||||
5 | more or different
documents than are required under such | ||||||
6 | Section or to refuse to honor
documents tendered that on | ||||||
7 | their face reasonably appear to be genuine; or
| ||||||
8 | (2) for an employer participating in the E-Verify | ||||||
9 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
10 | Programs for Employment Eligibility Confirmation (enacted | ||||||
11 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
12 | hire, to segregate, or to act with respect to recruitment, | ||||||
13 | hiring, promotion, renewal of employment, selection for | ||||||
14 | training or apprenticeship, discharge, discipline, tenure | ||||||
15 | or terms, privileges or conditions of employment without | ||||||
16 | following the procedures under the E-Verify Program. | ||||||
17 | (H) (Blank).
| ||||||
18 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
19 | segregate, or to act with respect to recruitment, hiring, | ||||||
20 | promotion, renewal of employment, selection for training or | ||||||
21 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
22 | privileges or conditions of employment on the basis of | ||||||
23 | pregnancy, childbirth, or medical or common conditions related | ||||||
24 | to pregnancy or childbirth. Women affected by pregnancy, | ||||||
25 | childbirth, or medical or common conditions related to | ||||||
26 | pregnancy or childbirth shall be treated the same for all |
| |||||||
| |||||||
1 | employment-related purposes, including receipt of benefits | ||||||
2 | under fringe benefit programs, as other persons not so affected | ||||||
3 | but similar in their ability or inability to work, regardless | ||||||
4 | of the source of the inability to work or employment | ||||||
5 | classification or status. | ||||||
6 | (J) Pregnancy; reasonable accommodations. | ||||||
7 | (1) If after a job applicant or employee, including a | ||||||
8 | part-time, full-time, or probationary employee, requests a | ||||||
9 | reasonable accommodation, for an employer to not make | ||||||
10 | reasonable accommodations for any medical or common | ||||||
11 | condition of a job applicant or employee related to | ||||||
12 | pregnancy or childbirth, unless the employer can | ||||||
13 | demonstrate that the accommodation would impose an undue | ||||||
14 | hardship on the ordinary operation of the business of the | ||||||
15 | employer. The employer may request documentation from the | ||||||
16 | employee's health care provider concerning the need for the | ||||||
17 | requested reasonable accommodation or accommodations to | ||||||
18 | the same extent documentation is requested for conditions | ||||||
19 | related to disability if the employer's request for | ||||||
20 | documentation is job-related and consistent with business | ||||||
21 | necessity. The employer may require only the medical | ||||||
22 | justification for the requested accommodation or | ||||||
23 | accommodations, a description of the reasonable | ||||||
24 | accommodation or accommodations medically advisable, the | ||||||
25 | date the reasonable accommodation or accommodations became | ||||||
26 | medically advisable, and the probable duration of the |
| |||||||
| |||||||
1 | reasonable accommodation or accommodations. It is the duty | ||||||
2 | of the individual seeking a reasonable accommodation or | ||||||
3 | accommodations to submit to the employer any documentation | ||||||
4 | that is requested in accordance with this paragraph. | ||||||
5 | Notwithstanding the provisions of this paragraph, the | ||||||
6 | employer may require documentation by the employee's | ||||||
7 | health care provider to determine compliance with other | ||||||
8 | laws. The employee and employer shall engage in a timely, | ||||||
9 | good faith, and meaningful exchange to determine effective | ||||||
10 | reasonable accommodations. | ||||||
11 | (2) For an employer to deny employment opportunities or | ||||||
12 | benefits to or take adverse action against an otherwise | ||||||
13 | qualified job applicant or employee, including a | ||||||
14 | part-time, full-time, or probationary employee, if the | ||||||
15 | denial or adverse action is based on the need of the | ||||||
16 | employer to make reasonable accommodations to the known | ||||||
17 | medical or common conditions related to the pregnancy or | ||||||
18 | childbirth of the applicant or employee. | ||||||
19 | (3) For an employer to require a job applicant or | ||||||
20 | employee, including a part-time, full-time, or | ||||||
21 | probationary employee, affected by pregnancy, childbirth, | ||||||
22 | or medical or common conditions related to pregnancy or | ||||||
23 | childbirth to accept an accommodation when the applicant or | ||||||
24 | employee did not request an accommodation and the applicant | ||||||
25 | or employee chooses not to accept the employer's | ||||||
26 | accommodation. |
| |||||||
| |||||||
1 | (4) For an employer to require an employee, including a | ||||||
2 | part-time, full-time, or probationary employee, to take | ||||||
3 | leave under any leave law or policy of the employer if | ||||||
4 | another reasonable accommodation can be provided to the | ||||||
5 | known medical or common conditions related to the pregnancy | ||||||
6 | or childbirth of an employee. No employer shall fail or | ||||||
7 | refuse to reinstate the employee affected by pregnancy, | ||||||
8 | childbirth, or medical or common conditions related to | ||||||
9 | pregnancy or childbirth to her original job or to an | ||||||
10 | equivalent position with equivalent pay and accumulated | ||||||
11 | seniority, retirement, fringe benefits, and other | ||||||
12 | applicable service credits upon her signifying her intent | ||||||
13 | to return or when her need for reasonable accommodation | ||||||
14 | ceases, unless the employer can demonstrate that the | ||||||
15 | accommodation would impose an undue hardship on the | ||||||
16 | ordinary operation of the business of the employer. | ||||||
17 | For the purposes of this subdivision (J), "reasonable | ||||||
18 | accommodations" means reasonable modifications or adjustments | ||||||
19 | to the job application process or work environment, or to the | ||||||
20 | manner or circumstances under which the position desired or | ||||||
21 | held is customarily performed, that enable an applicant or | ||||||
22 | employee affected by pregnancy, childbirth, or medical or | ||||||
23 | common conditions related to pregnancy or childbirth to be | ||||||
24 | considered for the position the applicant desires or to perform | ||||||
25 | the essential functions of that position, and may include, but | ||||||
26 | is not limited to: more frequent or longer bathroom breaks, |
| |||||||
| |||||||
1 | breaks for increased water intake, and breaks for periodic | ||||||
2 | rest; private non-bathroom space for expressing breast milk and | ||||||
3 | breastfeeding; seating; assistance with manual labor; light | ||||||
4 | duty; temporary transfer to a less strenuous or hazardous | ||||||
5 | position; the provision of an accessible worksite; acquisition | ||||||
6 | or modification of equipment; job restructuring; a part-time or | ||||||
7 | modified work schedule; appropriate adjustment or | ||||||
8 | modifications of examinations, training materials, or | ||||||
9 | policies; reassignment to a vacant position; time off to | ||||||
10 | recover from conditions related to childbirth; and leave | ||||||
11 | necessitated by pregnancy, childbirth, or medical or common | ||||||
12 | conditions resulting from pregnancy or childbirth. | ||||||
13 | For the purposes of this subdivision (J), "undue hardship" | ||||||
14 | means an action that is prohibitively expensive or disruptive | ||||||
15 | when considered in light of the following factors: (i) the | ||||||
16 | nature and cost of the accommodation needed; (ii) the overall | ||||||
17 | financial resources of the facility or facilities involved in | ||||||
18 | the provision of the reasonable accommodation, the number of | ||||||
19 | persons employed at the facility, the effect on expenses and | ||||||
20 | resources, or the impact otherwise of the accommodation upon | ||||||
21 | the operation of the facility; (iii) the overall financial | ||||||
22 | resources of the employer, the overall size of the business of | ||||||
23 | the employer with respect to the number of its employees, and | ||||||
24 | the number, type, and location of its facilities; and (iv) the | ||||||
25 | type of operation or operations of the employer, including the | ||||||
26 | composition, structure, and functions of the workforce of the |
| |||||||
| |||||||
1 | employer, the geographic separateness, administrative, or | ||||||
2 | fiscal relationship of the facility or facilities in question | ||||||
3 | to the employer. The employer has the burden of proving undue | ||||||
4 | hardship. The fact that the employer provides or would be | ||||||
5 | required to provide a similar accommodation to similarly | ||||||
6 | situated employees creates a rebuttable presumption that the | ||||||
7 | accommodation does not impose an undue hardship on the | ||||||
8 | employer. | ||||||
9 | No employer is required by this subdivision (J) to create | ||||||
10 | additional employment that the employer would not otherwise | ||||||
11 | have created, unless the employer does so or would do so for | ||||||
12 | other classes of employees who need accommodation. The employer | ||||||
13 | is not required to discharge any employee, transfer any | ||||||
14 | employee with more seniority, or promote any employee who is | ||||||
15 | not qualified to perform the job, unless the employer does so | ||||||
16 | or would do so to accommodate other classes of employees who | ||||||
17 | need it. | ||||||
18 | (K) Notice. | ||||||
19 | (1) For an employer to fail to post or keep posted in a | ||||||
20 | conspicuous location on the premises of the employer where | ||||||
21 | notices to employees are customarily posted, or fail to | ||||||
22 | include in any employee handbook information concerning an | ||||||
23 | employee's rights under this Article, a notice, to be | ||||||
24 | prepared or approved by the Department, summarizing the | ||||||
25 | requirements of this Article and information pertaining to | ||||||
26 | the filing of a charge, including the right to be free from |
| |||||||
| |||||||
1 | unlawful discrimination , the right to be free from sexual | ||||||
2 | harassment, and the right to certain reasonable | ||||||
3 | accommodations. The Department shall make the documents | ||||||
4 | required under this paragraph available for retrieval from | ||||||
5 | the Department's website. | ||||||
6 | (2) Upon notification of a violation of paragraph (1) | ||||||
7 | of this subdivision (K), the Department may launch a | ||||||
8 | preliminary investigation. If the Department finds a | ||||||
9 | violation, the Department may issue a notice to show cause | ||||||
10 | giving the employer 30 days to correct the violation. If | ||||||
11 | the violation is not corrected, the Department may initiate | ||||||
12 | a charge of a civil rights violation. | ||||||
13 | (Source: P.A. 100-100, eff. 8-11-17.)
| ||||||
14 | (775 ILCS 5/2-107) | ||||||
15 | Sec. 2-107. Helpline Hotline to Report Sexual Harassment | ||||||
16 | and Discrimination . | ||||||
17 | (a) The Department shall, no later than 3 months after the | ||||||
18 | effective date of this amendatory Act of the 100th General | ||||||
19 | Assembly, establish and maintain a sexual harassment and | ||||||
20 | discrimination helpline hotline . The Department shall help | ||||||
21 | persons who contact the Department through the helpline hotline | ||||||
22 | find necessary resources, including counseling services, and | ||||||
23 | assist in the filing of sexual harassment and discrimination | ||||||
24 | complaints with the Department or other applicable agencies. | ||||||
25 | The Department may recommend individual seek private counsel, |
| |||||||
| |||||||
1 | but shall not make recommendations for legal representation. | ||||||
2 | The helpline hotline shall provide the means through which | ||||||
3 | persons may anonymously report sexual harassment and | ||||||
4 | discrimination in both private and public places of employment. | ||||||
5 | In the case of a report of sexual harassment and discrimination | ||||||
6 | by a person subject to Article 20 or 25 of the State Officials | ||||||
7 | and Employees Ethics Act, the Department shall, with the | ||||||
8 | permission of the reporting individual, report the allegations | ||||||
9 | to the Executive Inspector General or Legislative Inspector | ||||||
10 | General for further investigation. | ||||||
11 | (b) The Department shall advertise the helpline hotline on | ||||||
12 | its website and in materials related to sexual harassment and | ||||||
13 | discrimination , including posters made available to the | ||||||
14 | public, and encourage reporting by both those who are subject | ||||||
15 | to sexual harassment and discrimination and those who have | ||||||
16 | witnessed it. | ||||||
17 | (c) All communications received by the Department via the | ||||||
18 | helpline hotline or Internet communication shall remain | ||||||
19 | confidential and shall be exempt from disclosure under the | ||||||
20 | Freedom of Information Act. | ||||||
21 | (d) As used in this Section, "helpline" "hotline" means a | ||||||
22 | toll-free telephone with voicemail capabilities and an | ||||||
23 | Internet website through which persons may report instances of | ||||||
24 | sexual harassment and discrimination . | ||||||
25 | (e) The Department shall annually evaluate the helpline and | ||||||
26 | report to the Clerk of the House of Representatives and the |
| |||||||
| |||||||
1 | Secretary of the Senate in electronic form only, in the manner | ||||||
2 | that the Clerk and the Secretary shall direct, the following | ||||||
3 | information:
(i) the total number of calls received, including | ||||||
4 | messages left during non-business hours;
(ii) the number of | ||||||
5 | calls reporting sexual discrimination claims;
(iii) the number | ||||||
6 | of calls reporting harassment claims;
(iv) the number of calls | ||||||
7 | reporting sexual harassment claims;
(v) the number of calls | ||||||
8 | that were referred to each Executive Inspector General; and
| ||||||
9 | (vi) the number of calls that were referred to the Legislative | ||||||
10 | Inspector General.
| ||||||
11 | (Source: P.A. 100-554, eff. 11-16-17.)
| ||||||
12 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| ||||||
13 | Sec. 7A-102. Procedures.
| ||||||
14 | (A) Charge.
| ||||||
15 | (1) Within 300 calendar 180 days after the
date that a | ||||||
16 | civil rights violation allegedly has been committed, a
| ||||||
17 | charge in writing under oath or affirmation may be filed | ||||||
18 | with the
Department by an aggrieved party or issued by the | ||||||
19 | Department itself
under the signature of the Director.
| ||||||
20 | (2) The charge shall be in such detail as to | ||||||
21 | substantially apprise
any party properly concerned as to | ||||||
22 | the time, place, and facts
surrounding the alleged civil | ||||||
23 | rights violation.
| ||||||
24 | (3) Charges deemed filed with the Department pursuant | ||||||
25 | to subsection (A-1) of this Section shall be deemed to be |
| |||||||
| |||||||
1 | in compliance with this subsection. | ||||||
2 | (A-1) Equal Employment Opportunity Commission Charges. | ||||||
3 | (1) If a charge is filed with the Equal Employment | ||||||
4 | Opportunity Commission (EEOC) within 300 calendar 180 days | ||||||
5 | after the date of the alleged civil rights violation, the | ||||||
6 | charge shall be deemed filed with the Department on the | ||||||
7 | date filed with the EEOC. If the EEOC is the governmental | ||||||
8 | agency designated to investigate the charge first, the | ||||||
9 | Department shall take no action until the EEOC makes a | ||||||
10 | determination on the charge and after the complainant | ||||||
11 | notifies the Department of the EEOC's determination. In | ||||||
12 | such cases, after receiving notice from the EEOC that a | ||||||
13 | charge was filed, the Department shall notify the parties | ||||||
14 | that (i) a charge has been received by the EEOC and has | ||||||
15 | been sent to the Department for dual filing purposes; (ii) | ||||||
16 | the EEOC is the governmental agency responsible for | ||||||
17 | investigating the charge and that the investigation shall | ||||||
18 | be conducted pursuant to the rules and procedures adopted | ||||||
19 | by the EEOC; (iii) it will take no action on the charge | ||||||
20 | until the EEOC issues its determination; (iv) the | ||||||
21 | complainant must submit a copy of the EEOC's determination | ||||||
22 | within 30 days after service of the determination by the | ||||||
23 | EEOC on complainant; and (v) that the time period to | ||||||
24 | investigate the charge contained in subsection (G) of this | ||||||
25 | Section is tolled from the date on which the charge is | ||||||
26 | filed with the EEOC until the EEOC issues its |
| |||||||
| |||||||
1 | determination. | ||||||
2 | (2) If the EEOC finds reasonable cause to believe that | ||||||
3 | there has been a violation of federal law and if the | ||||||
4 | Department is timely notified of the EEOC's findings by | ||||||
5 | complainant, the Department shall notify complainant that | ||||||
6 | the Department has adopted the EEOC's determination of | ||||||
7 | reasonable cause and that complainant has the right, within | ||||||
8 | 90 days after receipt of the Department's notice, to either | ||||||
9 | file his or her own complaint with the Illinois Human | ||||||
10 | Rights Commission or commence a civil action in the | ||||||
11 | appropriate circuit court or other appropriate court of | ||||||
12 | competent jurisdiction. The Department's notice to | ||||||
13 | complainant that the Department has adopted the EEOC's | ||||||
14 | determination of reasonable cause shall constitute the | ||||||
15 | Department's Report for purposes of subparagraph (D) of | ||||||
16 | this Section. | ||||||
17 | (3) For those charges alleging violations within the | ||||||
18 | jurisdiction of both the EEOC and the Department and for | ||||||
19 | which the EEOC either (i) does not issue a determination, | ||||||
20 | but does issue the complainant a notice of a right to sue, | ||||||
21 | including when the right to sue is issued at the request of | ||||||
22 | the complainant, or (ii) determines that it is unable to | ||||||
23 | establish that illegal discrimination has occurred and | ||||||
24 | issues the complainant a right to sue notice, and if the | ||||||
25 | Department is timely notified of the EEOC's determination | ||||||
26 | by complainant, the Department shall notify the parties |
| |||||||
| |||||||
1 | that the Department will adopt the EEOC's determination as | ||||||
2 | a dismissal for lack of substantial evidence unless the | ||||||
3 | complainant requests in writing within 35 days after | ||||||
4 | receipt of the Department's notice that the Department | ||||||
5 | review the EEOC's determination. | ||||||
6 | (a) If the complainant does not file a written | ||||||
7 | request with the Department to review the EEOC's | ||||||
8 | determination within 35 days after receipt of the | ||||||
9 | Department's notice, the Department shall notify | ||||||
10 | complainant that the decision of the EEOC has been | ||||||
11 | adopted by the Department as a dismissal for lack of | ||||||
12 | substantial evidence and that the complainant has the | ||||||
13 | right, within 90 days after receipt of the Department's | ||||||
14 | notice, to commence a civil action in the appropriate | ||||||
15 | circuit court or other appropriate court of competent | ||||||
16 | jurisdiction. The Department's notice to complainant | ||||||
17 | that the Department has adopted the EEOC's | ||||||
18 | determination shall constitute the Department's report | ||||||
19 | for purposes of subparagraph (D) of this Section. | ||||||
20 | (b) If the complainant does file a written request | ||||||
21 | with the Department to review the EEOC's | ||||||
22 | determination, the Department shall review the EEOC's | ||||||
23 | determination and any evidence obtained by the EEOC | ||||||
24 | during its investigation. If, after reviewing the | ||||||
25 | EEOC's determination and any evidence obtained by the | ||||||
26 | EEOC, the Department determines there is no need for |
| |||||||
| |||||||
1 | further investigation of the charge, the Department | ||||||
2 | shall issue a report and the Director shall determine | ||||||
3 | whether there is substantial evidence that the alleged | ||||||
4 | civil rights violation has been committed pursuant to | ||||||
5 | subsection (D) of Section 7A-102. If, after reviewing | ||||||
6 | the EEOC's determination and any evidence obtained by | ||||||
7 | the EEOC, the Department determines there is a need for | ||||||
8 | further investigation of the charge, the Department | ||||||
9 | may conduct any further investigation it deems | ||||||
10 | necessary. After reviewing the EEOC's determination, | ||||||
11 | the evidence obtained by the EEOC, and any additional | ||||||
12 | investigation conducted by the Department, the | ||||||
13 | Department shall issue a report and the Director shall | ||||||
14 | determine whether there is substantial evidence that | ||||||
15 | the alleged civil rights violation has been committed | ||||||
16 | pursuant to subsection (D) of Section 7A-102 of this | ||||||
17 | Act. | ||||||
18 | (4) Pursuant to this Section, if the EEOC dismisses the | ||||||
19 | charge or a portion of the charge of discrimination | ||||||
20 | because, under federal law, the EEOC lacks jurisdiction | ||||||
21 | over the charge, and if, under this Act, the Department has | ||||||
22 | jurisdiction over the charge of discrimination, the | ||||||
23 | Department shall investigate the charge or portion of the | ||||||
24 | charge dismissed by the EEOC for lack of jurisdiction | ||||||
25 | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||||||
26 | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (5) The time limit set out in subsection (G) of this | ||||||
3 | Section is tolled from the date on which the charge is | ||||||
4 | filed with the EEOC to the date on which the EEOC issues | ||||||
5 | its determination.
| ||||||
6 | (B) Notice and Response to Charge.
The Department shall, | ||||||
7 | within 10
days of the date on which the charge
was filed, serve | ||||||
8 | a copy of the charge on the respondent. This period shall
not | ||||||
9 | be construed to be jurisdictional. The charging party and the | ||||||
10 | respondent
may each file a position statement and other | ||||||
11 | materials with the Department
regarding the charge of alleged | ||||||
12 | discrimination within 60 days of receipt of the
notice of the | ||||||
13 | charge. The position statements and other materials filed shall
| ||||||
14 | remain confidential unless otherwise agreed to by the party | ||||||
15 | providing the
information and shall not be served on or made | ||||||
16 | available to the other
party during pendency
of a charge with | ||||||
17 | the Department. The Department may
require the respondent to | ||||||
18 | file a response to
the allegations contained in the charge. | ||||||
19 | Upon the Department's request, the respondent shall
file a | ||||||
20 | response to the charge within 60 days and shall serve a copy
of | ||||||
21 | its response on the
complainant or his or her representative. | ||||||
22 | Notwithstanding any request from the Department,
the | ||||||
23 | respondent may elect to file a response to the charge
within 60 | ||||||
24 | days of receipt of notice of the charge, provided the | ||||||
25 | respondent serves a copy of its response on the complainant or | ||||||
26 | his or her representative. All allegations contained in the |
| |||||||
| |||||||
1 | charge
not denied by the respondent within 60 days of the | ||||||
2 | Department's request for a response may be deemed admitted, | ||||||
3 | unless the
respondent states that it is without sufficient | ||||||
4 | information to
form a belief with respect to such allegation. | ||||||
5 | The Department may issue
a notice of default directed to any | ||||||
6 | respondent who fails to file a
response to a charge within 60 | ||||||
7 | days of receipt of the Department's request,
unless the | ||||||
8 | respondent can
demonstrate good cause as
to why such notice | ||||||
9 | should not issue. The term "good cause" shall be defined by | ||||||
10 | rule promulgated by the Department. Within 30 days of receipt
| ||||||
11 | of the respondent's response, the complainant may file a
reply | ||||||
12 | to
said response and
shall serve
a copy of said reply on the | ||||||
13 | respondent or his or her representative. A party
shall have the | ||||||
14 | right to supplement his or her response or reply at any time | ||||||
15 | that
the investigation of the charge is pending. The Department | ||||||
16 | shall,
within 10 days of the date on which the charge was | ||||||
17 | filed,
and again no later than 335 days thereafter,
send by | ||||||
18 | certified or registered mail written notice to the complainant
| ||||||
19 | and to the respondent
informing the complainant
of the | ||||||
20 | complainant's right to either file a complaint with the Human
| ||||||
21 | Rights Commission or commence a civil action in the appropriate | ||||||
22 | circuit court
under subparagraph (2) of paragraph (G), | ||||||
23 | including in such notice the dates
within which the complainant | ||||||
24 | may exercise this right.
In the notice the Department shall | ||||||
25 | notify the complainant that the
charge of civil rights | ||||||
26 | violation will be dismissed with prejudice and with no
right to |
| |||||||
| |||||||
1 | further proceed if a written complaint is not timely filed with
| ||||||
2 | the Commission or with the appropriate circuit court by the | ||||||
3 | complainant pursuant to subparagraph (2) of paragraph (G)
or by | ||||||
4 | the Department pursuant to subparagraph (1) of paragraph (G).
| ||||||
5 | (B-1) Mediation. The complainant and respondent may agree | ||||||
6 | to voluntarily
submit the charge
to mediation without waiving | ||||||
7 | any rights that are otherwise available to
either party | ||||||
8 | pursuant to this Act and without incurring any obligation to
| ||||||
9 | accept the result of the mediation process. Nothing occurring | ||||||
10 | in mediation
shall
be disclosed by the Department or admissible | ||||||
11 | in evidence in any subsequent
proceeding unless the complainant | ||||||
12 | and the respondent agree in writing that such
disclosure be | ||||||
13 | made.
| ||||||
14 | (C) Investigation.
| ||||||
15 | (1) The
Department shall conduct an investigation | ||||||
16 | sufficient to determine whether the allegations set
forth | ||||||
17 | in the charge are supported by substantial evidence.
| ||||||
18 | (2) The Director or his or her designated | ||||||
19 | representatives shall have
authority to request any member | ||||||
20 | of the Commission to issue subpoenas to
compel the | ||||||
21 | attendance of a witness or the production for
examination | ||||||
22 | of any books, records or documents whatsoever.
| ||||||
23 | (3) If any witness whose testimony is required for any | ||||||
24 | investigation
resides outside the State, or through | ||||||
25 | illness or any other good cause as
determined by the | ||||||
26 | Director is unable to be interviewed by the investigator
or |
| |||||||
| |||||||
1 | appear at a fact finding conference, his or her testimony | ||||||
2 | or deposition
may be taken, within or without the State, in | ||||||
3 | the same manner as is
provided for in the taking of | ||||||
4 | depositions in civil cases in circuit courts.
| ||||||
5 | (4) Upon reasonable notice to the complainant and the | ||||||
6 | respondent,
the Department shall conduct a fact finding | ||||||
7 | conference, unless prior to
365 days after the date on | ||||||
8 | which the charge was filed the Director has determined | ||||||
9 | whether there is substantial evidence
that the alleged | ||||||
10 | civil rights violation has been committed, the charge has
| ||||||
11 | been dismissed for lack of jurisdiction, or the parties | ||||||
12 | voluntarily and in writing agree to waive the fact finding | ||||||
13 | conference. Any party's failure to attend the conference | ||||||
14 | without good cause
shall result in dismissal or default. | ||||||
15 | The term "good cause"
shall
be defined by rule promulgated | ||||||
16 | by the Department. A notice of dismissal or
default shall | ||||||
17 | be issued by the Director. The notice of default issued by | ||||||
18 | the Director shall notify the respondent that a request for | ||||||
19 | review may be filed in writing with the Commission
within | ||||||
20 | 30 days of receipt of notice of default. The notice of | ||||||
21 | dismissal issued by the Director shall give
the complainant | ||||||
22 | notice of his or her right to seek review of the dismissal
| ||||||
23 | before the Human Rights Commission or commence a civil | ||||||
24 | action in the
appropriate circuit court. If the complainant | ||||||
25 | chooses to have the Human Rights Commission review the | ||||||
26 | dismissal order, he or she shall file a request for review |
| |||||||
| |||||||
1 | with the Commission within 90 days after receipt of the | ||||||
2 | Director's notice. If the complainant chooses to file a | ||||||
3 | request for review with the Commission, he or she may not | ||||||
4 | later commence a civil action in a circuit court. If the | ||||||
5 | complainant chooses to commence a civil action in a circuit | ||||||
6 | court, he or she must do so within 90 days after receipt of | ||||||
7 | the Director's notice.
| ||||||
8 | (D) Report.
| ||||||
9 | (1) Each charge shall be the
subject of a
report to the | ||||||
10 | Director. The report shall be a confidential document
| ||||||
11 | subject to review by the Director, authorized Department | ||||||
12 | employees, the
parties, and, where indicated by this Act, | ||||||
13 | members of the Commission or
their designated hearing | ||||||
14 | officers.
| ||||||
15 | (2) Upon review of the report, the Director shall | ||||||
16 | determine whether
there is substantial evidence that the | ||||||
17 | alleged civil rights violation
has been committed.
The | ||||||
18 | determination of substantial evidence is limited to | ||||||
19 | determining the need
for further consideration of the | ||||||
20 | charge pursuant to this Act
and includes, but is not | ||||||
21 | limited to, findings of fact and conclusions, as well
as | ||||||
22 | the reasons for the determinations on all material issues. | ||||||
23 | Substantial evidence is evidence which a reasonable mind | ||||||
24 | accepts
as sufficient to support a particular conclusion | ||||||
25 | and which consists of more
than a mere scintilla but may be | ||||||
26 | somewhat less than a preponderance.
|
| |||||||
| |||||||
1 | (3) If the Director determines
that there is no | ||||||
2 | substantial
evidence, the charge shall be dismissed by | ||||||
3 | order of the
Director and the Director shall give the
| ||||||
4 | complainant notice of his or her right to seek review of | ||||||
5 | the dismissal order before the
Commission or commence a | ||||||
6 | civil action in the appropriate circuit court. If the | ||||||
7 | complainant chooses to have the Human Rights Commission | ||||||
8 | review the dismissal order, he or she shall file a request | ||||||
9 | for review with the Commission within 90 days after receipt | ||||||
10 | of the Director's notice. If the complainant chooses to | ||||||
11 | file a request for review with the Commission, he or she | ||||||
12 | may not later commence a civil action in a circuit court. | ||||||
13 | If the complainant chooses to commence a civil action in a | ||||||
14 | circuit court, he or she must do so within 90 days after | ||||||
15 | receipt of the Director's notice.
| ||||||
16 | (4) If the Director determines that there is | ||||||
17 | substantial evidence, he or she shall notify the | ||||||
18 | complainant and respondent of that determination. The | ||||||
19 | Director shall also notify the parties that the complainant | ||||||
20 | has the right to either commence a civil action in the | ||||||
21 | appropriate circuit court or request that the Department of | ||||||
22 | Human Rights file a complaint with the Human Rights | ||||||
23 | Commission on his or her behalf. Any such complaint shall | ||||||
24 | be filed within 90 days after receipt of the Director's | ||||||
25 | notice. If the complainant chooses to have the Department | ||||||
26 | file a complaint with the Human Rights Commission on his or |
| |||||||
| |||||||
1 | her behalf, the complainant must, within 30 days after | ||||||
2 | receipt of the Director's notice, request in writing that | ||||||
3 | the Department file the complaint. If the complainant | ||||||
4 | timely requests that the Department file the complaint, the | ||||||
5 | Department shall file the complaint on his or her behalf. | ||||||
6 | If the complainant fails to timely request that the | ||||||
7 | Department file the complaint, the complainant may file his | ||||||
8 | or her complaint with the Commission or commence a civil | ||||||
9 | action in the appropriate circuit court.
If the complainant | ||||||
10 | files a complaint with
the Human Rights Commission, the | ||||||
11 | complainant shall give notice to the
Department of the | ||||||
12 | filing of the complaint with the Human Rights Commission. | ||||||
13 | (E) Conciliation.
| ||||||
14 |
(1) When there is a finding of substantial evidence, | ||||||
15 | the Department may designate a Department employee who is | ||||||
16 | an attorney
licensed to practice in Illinois to endeavor to | ||||||
17 | eliminate the effect of
the alleged civil rights violation | ||||||
18 | and to prevent its repetition by
means of conference and | ||||||
19 | conciliation.
| ||||||
20 | (2) When the Department determines that a formal
| ||||||
21 | conciliation conference is necessary, the complainant and | ||||||
22 | respondent
shall be notified of the time and place of the | ||||||
23 | conference by registered
or certified mail at least 10 days | ||||||
24 | prior thereto and either or both
parties shall appear at | ||||||
25 | the conference in person or by attorney.
| ||||||
26 | (3) The place fixed for the conference shall be within |
| |||||||
| |||||||
1 | 35 miles of
the place where the civil rights violation is | ||||||
2 | alleged to have been
committed.
| ||||||
3 | (4) Nothing occurring at the conference shall be | ||||||
4 | disclosed by the
Department unless
the complainant and | ||||||
5 | respondent agree in writing that
such disclosure be made.
| ||||||
6 | (5) The Department's efforts to conciliate the matter | ||||||
7 | shall not stay or extend the time for filing the complaint | ||||||
8 | with the Commission or the circuit court.
| ||||||
9 | (F) Complaint.
| ||||||
10 | (1) When the complainant requests that the Department | ||||||
11 | file a complaint with the Commission on his or her behalf, | ||||||
12 | the Department shall prepare a
written complaint, under | ||||||
13 | oath or affirmation, stating the nature of the
civil rights | ||||||
14 | violation substantially as alleged in the charge | ||||||
15 | previously
filed and the relief sought on behalf of the | ||||||
16 | aggrieved party. The Department shall file the complaint | ||||||
17 | with the Commission.
| ||||||
18 | (2) If the complainant chooses to commence a civil | ||||||
19 | action in a circuit court, he or she must do so in the | ||||||
20 | circuit court in the county wherein the civil rights | ||||||
21 | violation was allegedly committed. The form of the | ||||||
22 | complaint in any such civil action shall be in accordance | ||||||
23 | with the Illinois Code of Civil Procedure.
| ||||||
24 | (G) Time Limit.
| ||||||
25 | (1) When a charge of a civil rights violation has been
| ||||||
26 | properly filed, the Department, within 365
days thereof or |
| |||||||
| |||||||
1 | within any
extension of that period agreed to in writing by | ||||||
2 | all parties, shall issue its report as required by | ||||||
3 | subparagraph (D). Any such report
shall be duly served upon | ||||||
4 | both the complainant and the respondent.
| ||||||
5 | (2) If the Department has not issued its report within | ||||||
6 | 365 days after the charge is filed, or any such longer | ||||||
7 | period agreed to in writing by all the parties, the | ||||||
8 | complainant shall have 90 days to either file his or her | ||||||
9 | own complaint with the Human Rights Commission or commence | ||||||
10 | a civil action in the appropriate circuit court. If the | ||||||
11 | complainant files a complaint with the Commission, the form | ||||||
12 | of the complaint shall be in accordance with the provisions | ||||||
13 | of
paragraph (F)(1). If the complainant commences a civil | ||||||
14 | action in a circuit court, the form of the complaint shall | ||||||
15 | be in accordance with the Illinois Code of Civil Procedure. | ||||||
16 | The aggrieved party shall notify the Department that a
| ||||||
17 | complaint
has been filed and shall serve a copy of the | ||||||
18 | complaint on the Department
on the same date that the | ||||||
19 | complaint is filed with the Commission or in circuit court. | ||||||
20 | If the complainant files a complaint with the Commission, | ||||||
21 | he or she may not later commence a civil action in circuit | ||||||
22 | court.
| ||||||
23 | (3) If an aggrieved party files a complaint
with the
| ||||||
24 | Human Rights Commission or commences a civil action in | ||||||
25 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
26 | or if
the time period for filing a complaint has expired, |
| |||||||
| |||||||
1 | the
Department shall immediately cease its investigation | ||||||
2 | and
dismiss the charge of civil rights violation.
Any final | ||||||
3 | order entered by the Commission under this Section is
| ||||||
4 | appealable in accordance with paragraph (B)(1) of Section | ||||||
5 | 8-111.
Failure to immediately cease an investigation and | ||||||
6 | dismiss the charge of civil
rights violation as provided in | ||||||
7 | this paragraph
(3) constitutes grounds for entry of an | ||||||
8 | order by the circuit court permanently
enjoining the
| ||||||
9 | investigation. The Department may also be liable for any
| ||||||
10 | costs and other damages incurred by the respondent as a | ||||||
11 | result of the action of
the Department.
| ||||||
12 | (4) The Department shall stay any administrative | ||||||
13 | proceedings
under this Section after the filing of a civil | ||||||
14 | action by or on behalf of the
aggrieved party under any | ||||||
15 | federal or State law seeking relief with respect to
the
| ||||||
16 | alleged civil rights violation.
| ||||||
17 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
18 | filed on or
after January 1, 1996.
| ||||||
19 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
20 | filed on or
after January 1, 1996.
| ||||||
21 | (J) The changes made to this Section by Public Act 95-243 | ||||||
22 | apply to charges filed on or
after the effective date of those | ||||||
23 | changes.
| ||||||
24 | (K) The changes made to this Section by this amendatory Act | ||||||
25 | of the 96th General Assembly apply to charges filed on or
after | ||||||
26 | the effective date of those changes. |
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| |||||||
1 | (Source: P.A. 100-492, eff. 9-8-17.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|