Full Text of SB0643 100th General Assembly
SB0643sam001 100TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 643
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 643 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Sections 20-50, 20-90, and 20-95 as | 6 | | follows: | 7 | | (5 ILCS 430/20-50)
| 8 | | Sec. 20-50. Investigation reports.
| 9 | | (a) If an Executive Inspector General, upon the conclusion | 10 | | of an
investigation, determines that reasonable cause exists to | 11 | | believe that a
violation
has occurred, then
the Executive | 12 | | Inspector General shall issue a summary report of the
| 13 | | investigation. The report shall be delivered to the
appropriate | 14 | | ultimate jurisdictional
authority and to the head of each State
| 15 | | agency
affected by or involved in the investigation, if | 16 | | appropriate. The appropriate ultimate jurisdictional authority |
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| 1 | | or agency head shall respond to the summary report within 20 | 2 | | days, in writing, to the Executive Inspector General. The | 3 | | response shall include a description of any corrective or | 4 | | disciplinary action to be imposed.
| 5 | | (a-5) After the Executive Inspector General issues a | 6 | | summary report of the investigation, the ultimate | 7 | | jurisdictional authority or agency head may, as necessary, | 8 | | disclose the summary report and any other supporting documents | 9 | | received from the Executive Inspector General to agency staff | 10 | | who are necessary and responsible for determining and imposing | 11 | | discipline and, as strictly necessary, to an employee accused | 12 | | of wrongdoing for the purpose of determining and imposing | 13 | | appropriate discipline. | 14 | | (b) The summary report of the investigation shall include | 15 | | the following:
| 16 | | (1) A description of any allegations or other | 17 | | information
received by the Executive Inspector General | 18 | | pertinent to the
investigation.
| 19 | | (2) A description of any alleged misconduct discovered | 20 | | in the
course of the investigation.
| 21 | | (3) Recommendations for any corrective or disciplinary
| 22 | | action to be taken in response to any alleged misconduct | 23 | | described in the
report, including but not limited to | 24 | | discharge.
| 25 | | (4) Other information the Executive Inspector General
| 26 | | deems relevant to the investigation or resulting |
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| 1 | | recommendations.
| 2 | | (c) Within 30 days after receiving a response from the | 3 | | appropriate ultimate jurisdictional authority or agency head | 4 | | under subsection (a),
the Executive Inspector General shall | 5 | | notify the Commission and the Attorney General if the Executive | 6 | | Inspector General believes that a complaint should be filed | 7 | | with the Commission. If the Executive Inspector General desires | 8 | | to file a
complaint with the Commission, the Executive | 9 | | Inspector General shall submit the summary report and | 10 | | supporting documents to the
Attorney General. If the Attorney | 11 | | General concludes that there is insufficient evidence that a | 12 | | violation has occurred, the Attorney General shall notify the | 13 | | Executive Inspector General and the Executive Inspector | 14 | | General shall deliver to the Executive Ethics Commission a copy | 15 | | of the summary report and response from the ultimate | 16 | | jurisdictional authority or agency head.
If the Attorney | 17 | | General determines
that reasonable cause exists to believe that | 18 | | a violation has occurred, then the
Executive Inspector
General, | 19 | | represented by the Attorney
General, may file with the | 20 | | Executive Ethics Commission a complaint.
The complaint shall | 21 | | set
forth the alleged violation and the
grounds that exist to | 22 | | support the complaint. The complaint must be filed with the | 23 | | Commission within 18 months
after the most recent act of the
| 24 | | alleged violation or of a series of alleged violations
except | 25 | | where there is reasonable cause to believe
that fraudulent | 26 | | concealment has occurred. To constitute fraudulent concealment
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| 1 | | sufficient to toll this limitations period, there must be an | 2 | | affirmative act or
representation calculated to prevent | 3 | | discovery of the fact that a violation has
occurred.
If a | 4 | | complaint is not filed with the Commission
within 6 months | 5 | | after notice by the Inspector General to the Commission and the
| 6 | | Attorney General, then the Commission may set a meeting of the | 7 | | Commission at
which the Attorney General shall appear and | 8 | | provide a status
report to the Commission.
| 9 | | (c-5) Within 30 days after receiving a response from the | 10 | | appropriate ultimate jurisdictional authority or agency head | 11 | | under subsection (a), if the Executive Inspector General does | 12 | | not believe that a complaint should be filed, the Executive | 13 | | Inspector General shall deliver to the Executive Ethics | 14 | | Commission a statement setting forth the basis for the decision | 15 | | not to file a complaint and a copy of the summary report and | 16 | | response from the ultimate jurisdictional authority or agency | 17 | | head. An Inspector General may also submit a redacted version | 18 | | of the summary report and response from the ultimate | 19 | | jurisdictional authority if the Inspector General believes | 20 | | either contains information that, in the opinion of the | 21 | | Inspector General, should be redacted prior to releasing the | 22 | | report, may interfere with an ongoing investigation, or | 23 | | identifies an informant or complainant. | 24 | | (c-10) If, after reviewing the documents, the Commission | 25 | | believes that further investigation is warranted, the | 26 | | Commission may request that the Executive Inspector General |
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| 1 | | provide additional information or conduct further | 2 | | investigation. The Commission may also appoint a Special | 3 | | Executive Inspector General to investigate or refer the summary | 4 | | report and response from the ultimate jurisdictional authority | 5 | | to the Attorney General for further investigation or review. If | 6 | | the Commission requests the Attorney General to investigate or | 7 | | review, the Commission must notify the Attorney General and the | 8 | | Inspector General. The Attorney General may not begin an | 9 | | investigation or review until receipt of notice from the | 10 | | Commission.
If, after review, the Attorney General determines | 11 | | that reasonable cause exists to believe that a violation has | 12 | | occurred, then the Attorney General may file a complaint with | 13 | | the Executive Ethics Commission. If the Attorney General | 14 | | concludes that there is insufficient evidence that a violation | 15 | | has occurred, the Attorney General shall notify the Executive | 16 | | Ethics Commission and the appropriate Executive Inspector | 17 | | General. | 18 | | (d) A copy of the complaint filed with the Executive Ethics | 19 | | Commission must be served on all respondents named in the
| 20 | | complaint and on each respondent's ultimate jurisdictional | 21 | | authority in
the same manner as process is served under the | 22 | | Code of Civil
Procedure.
| 23 | | (e) A respondent may file objections to the complaint | 24 | | within 30 days after notice of the petition has been
served on | 25 | | the respondent.
| 26 | | (f) The Commission shall meet, either in person or by |
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| 1 | | telephone, at least 30 days after the complaint is served on | 2 | | all respondents
in a closed session to review the sufficiency | 3 | | of the complaint.
The Commission shall
issue notice by | 4 | | certified mail, return receipt requested, to the Executive | 5 | | Inspector General, Attorney General, and all respondents of
the | 6 | | Commission's ruling on the sufficiency of the complaint. If the | 7 | | complaint
is deemed to
sufficiently allege a violation of this | 8 | | Act, then the Commission shall
include a hearing date scheduled | 9 | | within 4 weeks after the date of the notice,
unless all of the | 10 | | parties consent to a later date.
If the complaint is deemed not | 11 | | to sufficiently allege a
violation, then
the Commission shall | 12 | | send by certified mail, return receipt requested,
a notice to | 13 | | the Executive Inspector General, Attorney General, and all | 14 | | respondents of the decision to dismiss the complaint.
| 15 | | (g) On the scheduled date
the Commission shall conduct a | 16 | | closed meeting,
either in person or, if the parties consent, by | 17 | | telephone, on the complaint and
allow all
parties the | 18 | | opportunity to present testimony and evidence.
All such | 19 | | proceedings shall be transcribed.
| 20 | | (h) Within an appropriate time limit set by rules of the | 21 | | Executive
Ethics Commission, the Commission shall (i) dismiss | 22 | | the
complaint, (ii) issue a recommendation of discipline to the
| 23 | | respondent and the respondent's ultimate jurisdictional | 24 | | authority, (iii)
impose an administrative fine upon the | 25 | | respondent, (iv) issue injunctive relief as described in | 26 | | Section 50-10, or (v) impose a combination of (ii) through |
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| 1 | | (iv).
| 2 | | (i) The proceedings on any complaint filed with the | 3 | | Commission
shall be conducted pursuant to rules promulgated by | 4 | | the Commission.
| 5 | | (j) The Commission may designate hearing officers
to | 6 | | conduct proceedings as determined by rule of the Commission.
| 7 | | (k) In all proceedings before the Commission, the standard | 8 | | of
proof is by a preponderance of the evidence.
| 9 | | (l) Within 30 days after the issuance of a final | 10 | | administrative decision that concludes that a violation | 11 | | occurred, the Executive Ethics Commission shall make public the | 12 | | entire record of proceedings before the Commission, the | 13 | | decision, any recommendation, any discipline imposed, and the | 14 | | response from the agency head or ultimate jurisdictional | 15 | | authority to the Executive Ethics Commission.
| 16 | | (Source: P.A. 96-555, eff. 8-18-09.) | 17 | | (5 ILCS 430/20-90)
| 18 | | Sec. 20-90. Confidentiality.
| 19 | | (a) The identity of any individual providing information or | 20 | | reporting any
possible or alleged
misconduct to an Executive | 21 | | Inspector General or the Executive Ethics
Commission
shall be | 22 | | kept confidential and may not be disclosed
without the consent | 23 | | of that individual, unless the individual consents to
| 24 | | disclosure of his or her name or disclosure of the individual's | 25 | | identity is
otherwise required by law. The confidentiality |
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| 1 | | granted by this subsection does
not preclude the disclosure of | 2 | | the identity of a person in any capacity other
than as the | 3 | | source of an allegation.
| 4 | | (b) Subject to the provisions of Section 20-52, | 5 | | commissioners, employees,
and agents of the Executive Ethics | 6 | | Commission,
the Executive Inspectors General, and employees | 7 | | and agents of each Office of
an
Executive Inspector General, | 8 | | the Attorney General, and the employees and agents of the | 9 | | office of the Attorney General , and the head and employees of a | 10 | | State agency affected by or involved in an investigation shall | 11 | | keep confidential and shall not disclose
information exempted | 12 | | from disclosure under the Freedom of
Information Act or by this | 13 | | Act, provided the identity of any individual providing | 14 | | information or reporting any possible or alleged misconduct to | 15 | | the Executive Inspector General for the Governor may be | 16 | | disclosed to an Inspector General appointed or employed by a | 17 | | Regional Transit Board in accordance with Section 75-10.
| 18 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .) | 19 | | (5 ILCS 430/20-95)
| 20 | | Sec. 20-95. Exemptions.
| 21 | | (a) Documents generated by an ethics
officer under this | 22 | | Act, except Section 5-50, are exempt from the provisions of
the | 23 | | Freedom
of Information Act.
| 24 | | (b) Any allegations
and related documents
submitted to an | 25 | | Executive Inspector General and any pleadings and
related |
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| 1 | | documents brought before the Executive Ethics
Commission are | 2 | | exempt from the provisions of the Freedom of
Information Act so | 3 | | long as the Executive Ethics Commission
does not make a finding | 4 | | of a violation of this Act.
If the Executive
Ethics Commission | 5 | | finds that a violation has occurred, the
entire record of | 6 | | proceedings before the Commission, the decision and
| 7 | | recommendation, and the response from the agency head or
| 8 | | ultimate jurisdictional authority to the Executive Ethics
| 9 | | Commission are not exempt from the provisions of the Freedom of
| 10 | | Information Act but information contained therein that is | 11 | | otherwise exempt from
the
Freedom of Information Act must be | 12 | | redacted before disclosure as provided in
the Freedom of | 13 | | Information Act. A summary report released by the Executive | 14 | | Ethics Commission under Section 20-52 is a public record, but | 15 | | information redacted by the Executive Ethics Commission shall | 16 | | not be part of the public record.
| 17 | | (c) Meetings of the Commission are exempt from the | 18 | | provisions of the Open
Meetings Act.
| 19 | | (d) Unless otherwise provided in this Act, all | 20 | | investigatory files , and
reports and requests for information | 21 | | of or by the Office of an Executive Inspector General, other | 22 | | than monthly
reports required under Section 20-85, are | 23 | | confidential, are exempt from disclosure
under the Freedom of | 24 | | Information Act, and shall not be divulged to
any person or | 25 | | agency, except as necessary (i) to a law
enforcement
authority, | 26 | | (ii) to the ultimate
jurisdictional authority, (iii) to the
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| 1 | | Executive Ethics Commission, (iv) to another Inspector General | 2 | | appointed
pursuant to this Act, or (v) to an Inspector General | 3 | | appointed or employed by a Regional Transit Board in accordance | 4 | | with Section 75-10 , or (vi) to the head of a State agency | 5 | | affected by or involved in the investigation .
| 6 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .)".
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