093_SB0013eng

 
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 1        AN ACT concerning the Office of Secretary of State.

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

 4        Section 5.  The Secretary of  State  Act  is  amended  by
 5    adding Section 14 as follows:

 6        (15 ILCS 305/14 new)
 7        Sec. 14.  Inspector General.
 8        (a)  The  Secretary  of  State  must, with the advice and
 9    consent of the Senate, appoint an Inspector General  for  the
10    purpose  of  detection,  deterrence, and prevention of fraud,
11    corruption, and mismanagement in the Office of the  Secretary
12    of  State.   The Inspector General shall serve a 2-year term.
13    If  no  successor  is  appointed  and  qualified   upon   the
14    expiration  of  the  Inspector  General's term, the Office of
15    Inspector General is deemed vacant and the powers and  duties
16    under  this Section may be exercised only by an appointed and
17    qualified  interim  Inspector  General  until   a   successor
18    Inspector General is appointed and qualified.  If the General
19    Assembly  is  not  in session when a vacancy in the Office of
20    Inspector General occurs, the Secretary of State may  appoint
21    an  interim Inspector General whose term shall expire 2 weeks
22    after the next regularly scheduled session day of the Senate.
23        (b)  The  Inspector  General  shall  have  the  following
24    qualifications:
25             (1)  has not been convicted  of any felony under the
26        laws of this State, another State, or the United States;
27             (2)  has  earned  a  baccalaureate  degree  from  an
28        institution of higher education; and
29             (3)  has either (A) 5 or more years of service  with
30        a  federal,  State,  or  local law enforcement agency, at
31        least 2  years  of  which  have  been  in  a  progressive
 
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 1        investigatory capacity; (B) 5 or more years of service as
 2        a  federal,  State, or local prosecutor; or (C) 5 or more
 3        years of service as a senior manager or  executive  of  a
 4        federal, State, or local law enforcement agency.
 5        (c)  The  Inspector  General  may review, coordinate, and
 6    recommend methods and procedures to increase the integrity of
 7    the Office of the Secretary of State.    The  duties  of  the
 8    Inspector  General  shall  supplement  and  not  supplant the
 9    duties of the Chief Auditor  for  the  Secretary  of  State's
10    Office.   The  Inspector  General must report directly to the
11    Secretary of State.
12        (d)  The Secretary of State may designate  the  Inspector
13    General  and  inspectors  who  are  members  of the Inspector
14    General's office as peace officers;  however,  the  Inspector
15    General  and  his or her inspectors may not be members of the
16    Secretary of State's police force.   These  inspectors  shall
17    have   all   the  powers  possessed  by  police  officers  in
18    municipalities  and  by  sheriffs  of   counties,   and   the
19    inspectors  may  exercise  those powers anywhere in the State
20    but only in the investigation of allegations of misconduct or
21    criminal behavior by the Secretary of State or  employees  of
22    the Office of the Secretary of State.
23        No  inspector  may  have peace officer status or exercise
24    police powers unless he or  she  successfully  completes  the
25    basic  police  training mandated and approved by the Illinois
26    Law Enforcement Training Standards Board or the Board  waives
27    the  training  requirement by reason of the inspector's prior
28    law enforcement experience or training, or both.
29        The Board may not waive the training  requirement  unless
30    the inspector has had a minimum of 5 years of experience as a
31    sworn  officer  of a local, State, or federal law enforcement
32    agency, 2  of  which  must  have  been  in  an  investigatory
33    capacity.
34        (e)  In  addition  to the authority otherwise provided by
 
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 1    this Section, but only when investigating the Office  of  the
 2    Secretary  of  State,  its  employees,  or  their actions for
 3    fraud, corruption, or mismanagement, the Inspector General is
 4    authorized:
 5             (1)  To have access to all records, reports, audits,
 6        reviews, documents,  papers,  recommendations,  or  other
 7        materials   available   that   relate   to  programs  and
 8        operations with respect to which  the  Inspector  General
 9        has responsibilities under this Section.
10             (2)  To make any investigations and reports relating
11        to  the  administration of the programs and operations of
12        the Office of the Secretary of State  that  are,  in  the
13        judgement   of   the   Inspector  General,  necessary  or
14        desirable.
15             (3)  To request any information or  assistance  that
16        may   be  necessary  for  carrying  out  the  duties  and
17        responsibilities provided by this Section from any local,
18        State, or federal governmental agency or unit thereof.
19             (4)  To  require  by  subpoena  the  appearance   of
20        witnesses   and   the   production  of  all  information,
21        documents, reports, answers, records,  accounts,  papers,
22        and  other data and documentary evidence necessary in the
23        performance of the functions assigned  by  this  Section,
24        with  the  exception  of  subsection  (c)  and  with  the
25        exception  of  records of a labor organization authorized
26        and recognized under the Illinois Public Labor  Relations
27        Act  to  be  the  exclusive  bargaining representative of
28        employees of the Secretary of State, including,  but  not
29        limited  to,  records  of representation of employees and
30        the negotiation of collective  bargaining  agreements.  A
31        subpoena  may be  issued under this paragraph (4) only by
32        the Inspector General and not by members of the Inspector
33        General's staff.  Any person subpoenaed by the  Inspector
34        General  has  the same rights as a person subpoenaed by a
 
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 1        grand jury.  Any person who knowingly  and  intentionally
 2        (A)  fails  to  appear  in  response to a subpoena or (B)
 3        fails to produce any  books  or  papers  in  his  or  her
 4        possession or control pertinent to an investigation under
 5        this Section is guilty of a Class A misdemeanor.
 6             (5)  To   have  direct  and  prompt  access  to  the
 7        Secretary of State for  any  purpose  pertaining  to  the
 8        performance  of functions and responsibilities under this
 9        Section.
10        (f)  The Inspector General may  receive  and  investigate
11    complaints  or  information from an employee of the Secretary
12    of State concerning the possible  existence  of  an  activity
13    constituting  a  violation  of  law,  rules,  or regulations;
14    mismanagement;  abuse  of  authority;  or   substantial   and
15    specific  danger  to  the  public  health  and  safety.   Any
16    employee  who  knowingly  files  a false complaint or files a
17    complaint with  reckless  disregard  for  the  truth  or  the
18    falsity  of the facts underlying the complaint may be subject
19    to discipline as set forth in the rules of the Department  of
20    Personnel of the Secretary of State.
21        The  Inspector  General  may  not,  after  receipt  of  a
22    complaint  or  information  from  an  employee,  disclose the
23    identity of the employee without the consent of the employee.
24        Any employee  who  has  the  authority  to  recommend  or
25    approve any personnel action or to direct others to recommend
26    or approve any personnel action may not, with respect to that
27    authority,  take  or  threaten to take any action against any
28    employee as a reprisal for making a complaint  or  disclosing
29    information  to  the  Inspector General, unless the complaint
30    was made or the information disclosed with the knowledge that
31    it was false or with  willful  disregard  for  its  truth  or
32    falsity.
33        (g)  The   Inspector   General   must   adopt  rules,  in
34    accordance with the provisions of the Illinois Administrative
 
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 1    Procedure  Act,   establishing   minimum   requirements   for
 2    initiating,  conducting,  and completing investigations.  The
 3    rules must establish criteria for determining, based upon the
 4    nature  of  the  allegation,  the   appropriate   method   of
 5    investigation, which may include, but is not limited to, site
 6    visits,  telephone contacts, personal interviews, or requests
 7    for written responses.  The rules must also clarify  how  the
 8    Office  of  the  Inspector  General shall interact with other
 9    local, State, and federal law enforcement investigations.
10        Any  employee  of  the  Secretary  of  State  subject  to
11    investigation or inquiry by  the  Inspector  General  or  any
12    agent  or  representative of the Inspector General shall have
13    the right to be notified of the right to remain silent during
14    the investigation or inquiry and the right to be  represented
15    in  the  investigation  or  inquiry  by a representative of a
16    labor  organization  that   is   the   exclusive   collective
17    bargaining  representative  of  employees of the Secretary of
18    State. Any such investigation or inquiry must be conducted in
19    compliance with the provisions  of  a  collective  bargaining
20    agreement  that  applies to the employees of the Secretary of
21    State. Any recommendation for discipline or any action  taken
22    against   any  employee  by  the  Inspector  General  or  any
23    representative or agent of the Inspector General must  comply
24    with  the  provisions  of the collective bargaining agreement
25    that applies to the employee.
26        (h)  On or before January 1 of each year,  the  Inspector
27    General  shall  report  to  the  President of the Senate, the
28    Minority Leader of the Senate, the Speaker of  the  House  of
29    Representatives,  and  the  Minority  Leader  of the House of
30    Representatives  on  the  types  of  investigations  and  the
31    activities undertaken by the Office of the Inspector  General
32    during the previous calendar year.

33        Section 10.  The Secretary of State Merit Employment Code
 
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 1    is amended by changing Section 16 as follows:

 2        (15 ILCS 310/16) (from Ch. 124, par. 116)
 3        Sec.  16. Status of present employees.  Employees holding
 4    positions in the Office of  the  Secretary  of  State  herein
 5    shall continue under the following conditions:
 6        (1)  Employees  who  have been appointed as the result of
 7    having passed examinations in accordance with the  provisions
 8    of  the  "Personnel Code", and who have satisfactorily passed
 9    the  probationary  period  or  who  have  been  promoted   in
10    accordance  with  the  rules  thereunder,  shall be continued
11    without further examination, but shall be  otherwise  subject
12    to provisions of this Act and the rules made pursuant to it.
13        (2)  Employees  who  have been appointed as the result of
14    having passed examinations pursuant to the provisions of  the
15    "Personnel  Code"  but  have not completed their probationary
16    period on the effective date of this Act shall  be  continued
17    without further examination but shall be otherwise subject to
18    provisions  of  this  Act  and the rules made pursuant to it.
19    Time served on probation prior to the effective date of  this
20    Act  shall  count  as  time served on the probationary period
21    provided by this Act.
22        (2.5)  Persons who, immediately before the effective date
23    of this amendatory Act of the  93rd  General  Assembly,  were
24    employees  with  investigatory  functions  of  the  Inspector
25    General  within  the Office of the Secretary of State and who
26    are subject to the Secretary of State Merit  Employment  Code
27    shall be appointed to the position of inspector, as described
28    in  Section  14  of  the Secretary of State Act, if they: (i)
29    meet  the  requirements  described  in  Section  14  of   the
30    Secretary of State Act; (ii) pass a qualifying examination as
31    prescribed by the Director of Personnel within 6 months after
32    the effective date of this amendatory Act of the 93rd General
33    Assembly;  and (iii) satisfactorily complete their respective
 
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 1    probationary  periods.   The   qualifying   examination   for
 2    inspectors  shall  be  similar to those required for entrance
 3    examinations for comparable positions in the  Office  of  the
 4    Secretary  of  State.  Inspectors  shall be appointed without
 5    regard  to  eligible  lists.  Nothing  in   this   subsection
 6    precludes   the   Office  of  the  Secretary  of  State  from
 7    reclassifying or reallocating employees who  would  otherwise
 8    qualify as inspectors.
 9        (3)  All  other  such employees subject to the provisions
10    of this Act shall be continued in their respective  positions
11    if  they  pass  a  qualifying  examination  prescribed by the
12    Director within 9 months from the effective date of this Act,
13    and satisfactorily  complete  their  respective  probationary
14    periods.    Such  qualifying examinations shall be similar to
15    those  required  for  entrance  examinations  for  comparable
16    positions  in  the  Office  of  the   Secretary   of   State.
17    Appointments  of  such  employees  shall be without regard to
18    eligible    lists.     Nothing    herein    precludes     the
19    reclassification  or  reallocation as provided by this Act of
20    any position held by such incumbent.
21        (4)  Nothing in this Act shall be construed to prejudice,
22    reduce,  extinguish  or  affect  the  rights  or   privileges
23    determined through judicial process to have been conferred on
24    any  present  or  past  employee under the Illinois Personnel
25    Code.  In the event that any court of competent  jurisdiction
26    shall  determine  that  present  or  past  employees  of  the
27    Secretary  of State have any rights arising from the Illinois
28    Personnel Code, those rights shall be recognized  under  this
29    Act.
30        (5)  Any  person  who,  as  a  result of any court order,
31    court approved stipulation or settlement, has any  employment
32    or  re-employment  rights prior to the effective date of this
33    Act shall continue to have such rights  after  the  effective
34    date of this Act.
 
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 1    (Source: P.A. 80-13.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.