Full Text of SB0730 101st General Assembly
SB0730enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 4A-106.5 as follows: | 6 | | (5 ILCS 420/4A-106.5) | 7 | | Sec. 4A-106.5. Persons filing statements with county | 8 | | clerk; notice; certification of list of names; alphabetical | 9 | | list; receipt; examination and copying of statements. The | 10 | | statements of economic interests required of persons listed in | 11 | | Section 4A-101.5 shall be filed with the county clerk of the | 12 | | county in which the principal office of the unit of local | 13 | | government with which the person is associated is located. If | 14 | | it is not apparent which county the principal office of a unit | 15 | | of local government is located, the chief administrative | 16 | | officer, or his or her designee, has the authority, for | 17 | | purposes of this Act, to determine the county in which the | 18 | | principal office is located. Annually, on or before February 1, | 19 | | the The chief administrative officer, or his or her designee, | 20 | | of each unit of local government with persons described in | 21 | | Section 4A-101.5 shall certify to the appropriate county clerk | 22 | | a list of names and addresses of persons that are required to | 23 | | file. In preparing the lists, each chief administrative |
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| 1 | | officer, or his or her designee, shall set out the names in | 2 | | alphabetical order. | 3 | | On or before April 1 annually, the county clerk of each | 4 | | county shall notify all persons whose names have been certified | 5 | | to him under Section 4A-101.5, other than candidates for office | 6 | | who have filed their statements with their nominating | 7 | | petitions, of the requirements for filing statements of | 8 | | economic interests. A person required to file with a county | 9 | | clerk by virtue of more than one item among items set forth in | 10 | | Section 4A-101.5 shall be notified of and is required to file | 11 | | only one statement of economic interests relating to all items | 12 | | under which the person is required to file with that county | 13 | | clerk. | 14 | | Except as provided in Section 4A-106.1, the notices | 15 | | provided for in this Section shall be in writing and deposited | 16 | | in the U.S. Mail, properly addressed, first class postage | 17 | | prepaid, on or before the day required by this Section for the | 18 | | sending of the notice. Alternatively, a county clerk may send | 19 | | the notices electronically to all persons whose names have been | 20 | | thus certified to him. A certificate executed by a county clerk | 21 | | attesting that he or she has sent the notice by the means | 22 | | permitted by this Section constitutes prima facie evidence | 23 | | thereof. | 24 | | From the lists certified to him or her under this Section | 25 | | of persons described in Section 4A-101.5, the clerk of each | 26 | | county shall compile an alphabetical listing of persons |
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| 1 | | required to file statements of economic interests in his or her | 2 | | office under any of those items. As the statements are filed in | 3 | | his or her office, the county clerk shall cause the fact of | 4 | | that filing to be indicated on the alphabetical listing of | 5 | | persons who are required to file statements. Within 30 days | 6 | | after the due dates, the county clerk shall mail to the State | 7 | | Board of Elections a true copy of that listing showing those | 8 | | who have filed statements. | 9 | | The county clerk of each county shall note upon the | 10 | | alphabetical listing the names of all persons required to file | 11 | | a statement of economic interests who failed to file a | 12 | | statement on or before May 1. It shall be the duty of the | 13 | | several county clerks to give notice as provided in Section | 14 | | 4A-105 to any person who has failed to file his or her | 15 | | statement with the clerk on or before May 1. | 16 | | Any person who files or has filed a statement of economic | 17 | | interest under this Section is entitled to receive from the | 18 | | county clerk a receipt indicating that the person has filed | 19 | | such a statement, the date of filing, and the identity of the | 20 | | governmental unit or units in relation to which the filing is | 21 | | required. | 22 | | All statements of economic interests filed under this | 23 | | Section shall be available for examination and copying by the | 24 | | public at all reasonable times.
| 25 | | (Source: P.A. 101-221, eff. 8-9-19.) |
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| 1 | | Section 10. The State Officials and Employees Ethics Act is | 2 | | amended by changing Sections 5-10.5, 20-5, 20-50, 20-63, 20-90, | 3 | | 25-5, 25-50, 25-63, and 25-90 as follows: | 4 | | (5 ILCS 430/5-10.5) | 5 | | Sec. 5-10.5. Harassment and discrimination prevention | 6 | | training. | 7 | | (a) Until 2020, each officer, member, and employee must | 8 | | complete, at least annually, a sexual harassment training | 9 | | program. A person who fills a vacancy in an elective or | 10 | | appointed position that requires training under this Section | 11 | | must complete his or her initial sexual harassment training | 12 | | program within 30 days after commencement of his or her office | 13 | | or employment. The training shall include, at a minimum, the | 14 | | following: (i) the definition, and a description, of sexual | 15 | | harassment utilizing examples; (ii) details on how an | 16 | | individual can report an allegation of sexual harassment, | 17 | | including options for making a confidential report to a | 18 | | supervisor, ethics officer, Inspector General, or the | 19 | | Department of Human Rights; (iii) the definition, and | 20 | | description of, retaliation for reporting sexual harassment | 21 | | allegations utilizing examples, including availability of | 22 | | whistleblower protections under this Act, the Whistleblower | 23 | | Act, and the Illinois Human Rights Act; and (iv) the | 24 | | consequences of a violation of the prohibition on sexual | 25 | | harassment and the consequences for knowingly making a false |
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| 1 | | report. Proof of completion must be submitted to the applicable | 2 | | ethics officer. Sexual harassment training programs shall be | 3 | | overseen by the appropriate Ethics Commission and Inspector | 4 | | General appointed under this Act. | 5 | | (a-5) Beginning in 2020, each officer, member, and employee | 6 | | must complete, at least annually, a harassment and | 7 | | discrimination prevention training program. A person who fills | 8 | | a vacancy in an elective or appointed position that requires | 9 | | training under this subsection must complete his or her initial | 10 | | harassment and discrimination prevention training program | 11 | | within 30 days after commencement of his or her office or | 12 | | employment. The training shall include, at a minimum, the | 13 | | following: (i) the definition and a description of sexual | 14 | | harassment, unlawful discrimination, and harassment, including | 15 | | examples of each; (ii) details on how an individual can report | 16 | | an allegation of sexual harassment, unlawful discrimination, | 17 | | or harassment, including options for making a confidential | 18 | | report to a supervisor, ethics officer, Inspector General, or | 19 | | the Department of Human Rights; (iii) the definition and | 20 | | description of retaliation for reporting sexual harassment, | 21 | | unlawful discrimination, or harassment allegations utilizing | 22 | | examples, including availability of whistleblower protections | 23 | | under this Act, the Whistleblower Act, and the Illinois Human | 24 | | Rights Act; and (iv) the consequences of a violation of the | 25 | | prohibition on sexual harassment, unlawful discrimination, and | 26 | | harassment and the consequences for knowingly making a false |
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| 1 | | report. Proof of completion must be submitted to the applicable | 2 | | ethics officer. Harassment and discrimination training | 3 | | programs shall be overseen by the appropriate Ethics Commission | 4 | | and Inspector General appointed under this Act. | 5 | | For the purposes of this subsection, "unlawful | 6 | | discrimination" and "harassment" refer refers to | 7 | | discrimination and harassment prohibited under Section 2-102 | 8 | | of the Illinois Human Rights Act. | 9 | | (b) Each ultimate jurisdictional authority shall submit to | 10 | | the applicable Ethics Commission, at least annually, or more | 11 | | frequently as required by that Commission, a report that | 12 | | summarizes the harassment and discrimination prevention sexual | 13 | | harassment training program that was completed during the | 14 | | previous year, and lays out the plan for the training program | 15 | | in the coming year. The report shall include the names of | 16 | | individuals that failed to complete the required training | 17 | | program. Each Ethics Commission shall make the reports | 18 | | available on its website.
| 19 | | (Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19; | 20 | | revised 9-12-19.) | 21 | | (5 ILCS 430/20-5)
| 22 | | Sec. 20-5. Executive Ethics Commission.
| 23 | | (a) The Executive Ethics Commission is created.
| 24 | | (b) The Executive Ethics Commission shall consist of 9
| 25 | | commissioners.
The Governor shall appoint 5 commissioners, and |
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| 1 | | the Attorney General, Secretary
of State, Comptroller, and | 2 | | Treasurer shall each appoint one commissioner.
Appointments | 3 | | shall be made by and with the advice and consent of the
Senate | 4 | | by three-fifths of the elected members concurring by record | 5 | | vote.
Any nomination not acted upon by the Senate within 60 | 6 | | session days of the
receipt thereof shall be deemed to have | 7 | | received the advice and consent of
the Senate. If, during a | 8 | | recess of the Senate, there is a vacancy in an office
of | 9 | | commissioner, the appointing authority shall make a temporary
| 10 | | appointment until the next meeting of the Senate when the | 11 | | appointing
authority shall make a nomination to fill that | 12 | | office. No person rejected for
an office of commissioner shall, | 13 | | except by the Senate's request, be
nominated again for that | 14 | | office at the same session of the Senate or be
appointed to | 15 | | that office during a recess of that Senate.
No more than 5
| 16 | | commissioners may be of the same
political party.
| 17 | | The terms of the initial commissioners shall commence upon | 18 | | qualification.
Four initial appointees of the Governor, as | 19 | | designated by the Governor, shall
serve terms running through | 20 | | June 30, 2007. One initial appointee of the
Governor, as | 21 | | designated by the Governor, and the initial appointees of the
| 22 | | Attorney General, Secretary of State, Comptroller, and | 23 | | Treasurer shall serve
terms running through June 30, 2008.
The | 24 | | initial appointments shall be made within 60 days
after the | 25 | | effective date of this Act.
| 26 | | After the initial terms, commissioners shall serve for |
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| 1 | | 4-year terms
commencing on July 1 of the year of appointment | 2 | | and running
through June 30 of the fourth following year. | 3 | | Commissioners may be
reappointed to one or more subsequent | 4 | | terms.
| 5 | | Vacancies occurring other than at the end of a term shall | 6 | | be filled
by the appointing authority only for the balance of | 7 | | the
term of the commissioner whose office is vacant.
| 8 | | Terms shall run regardless of whether the position is | 9 | | filled.
| 10 | | (c) The appointing authorities shall appoint commissioners | 11 | | who
have experience holding governmental office or employment | 12 | | and shall
appoint commissioners from the general public.
A | 13 | | person is not eligible to
serve as a commissioner if that | 14 | | person (i) has been convicted of a
felony or a crime of | 15 | | dishonesty or moral turpitude, (ii) is, or was
within the | 16 | | preceding 12 months, engaged in activities that
require | 17 | | registration under the Lobbyist Registration Act, (iii) is | 18 | | related
to the appointing authority, or (iv) is a State officer | 19 | | or employee.
| 20 | | (d) The Executive Ethics Commission shall have
| 21 | | jurisdiction over all officers and employees of State agencies | 22 | | other
than the General Assembly, the Senate, the House of | 23 | | Representatives,
the President and Minority Leader of the | 24 | | Senate, the Speaker and
Minority Leader of the House of | 25 | | Representatives, the Senate
Operations Commission, the | 26 | | legislative support services agencies, and
the Office of the |
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| 1 | | Auditor General.
The Executive Ethics Commission shall have | 2 | | jurisdiction over all board members and employees of Regional | 3 | | Transit Boards. The jurisdiction of the
Commission is limited | 4 | | to matters arising under this Act, except as provided in | 5 | | subsection (d-5).
| 6 | | A member or legislative branch State employee serving on an | 7 | | executive branch board or commission remains subject to the | 8 | | jurisdiction of the Legislative Ethics Commission and is not | 9 | | subject to the jurisdiction of the Executive Ethics Commission. | 10 | | (d-5) The Executive Ethics Commission shall have | 11 | | jurisdiction over all chief procurement officers and | 12 | | procurement compliance monitors and their respective staffs. | 13 | | The Executive Ethics Commission shall have jurisdiction over | 14 | | any matters arising under the Illinois Procurement Code if the | 15 | | Commission is given explicit authority in that Code. | 16 | | (d-6) (1) The Executive Ethics Commission shall have | 17 | | jurisdiction over the Illinois Power Agency and its staff. The | 18 | | Director of the Agency shall be appointed by a majority of the | 19 | | commissioners of the Executive Ethics Commission, subject to | 20 | | Senate confirmation, for a term of 2 years. The Director is | 21 | | removable for cause by a majority of the Commission upon a | 22 | | finding of neglect, malfeasance, absence, or incompetence. | 23 | | (2) In case of a vacancy in the office of Director of the | 24 | | Illinois Power Agency during a recess of the Senate, the | 25 | | Executive Ethics Commission may make a temporary appointment | 26 | | until the next meeting of the Senate, at which time the |
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| 1 | | Executive Ethics Commission shall nominate some person to fill | 2 | | the office, and any person so nominated who is confirmed by the | 3 | | Senate shall hold office during the remainder of the term and | 4 | | until his or her successor is appointed and qualified. Nothing | 5 | | in this subsection shall prohibit the Executive Ethics | 6 | | Commission from removing a temporary appointee or from | 7 | | appointing a temporary appointee as the Director of the | 8 | | Illinois Power Agency. | 9 | | (3) Prior to June 1, 2012, the Executive Ethics Commission | 10 | | may, until the Director of the Illinois Power Agency is | 11 | | appointed and qualified or a temporary appointment is made | 12 | | pursuant to paragraph (2) of this subsection, designate some | 13 | | person as an acting Director to execute the powers and | 14 | | discharge the duties vested by law in that Director. An acting | 15 | | Director shall serve no later than 60 calendar days, or upon | 16 | | the making of an appointment pursuant to paragraph (1) or (2) | 17 | | of this subsection, whichever is earlier. Nothing in this | 18 | | subsection shall prohibit the Executive Ethics Commission from | 19 | | removing an acting Director or from appointing an acting | 20 | | Director as the Director of the Illinois Power Agency. | 21 | | (4) No person rejected by the Senate for the office of | 22 | | Director of the Illinois Power Agency shall, except at the | 23 | | Senate's request, be nominated again for that office at the | 24 | | same session or be appointed to that office during a recess of | 25 | | that Senate. | 26 | | (d-7) The Executive Ethics Commission shall have |
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| 1 | | jurisdiction over complainants and respondents in violation of | 2 | | subsection (d) of Section 20-90 subsection (e) of Section | 3 | | 20-63 . | 4 | | (e) The Executive Ethics Commission must meet, either
in | 5 | | person or by other technological means, at least monthly and as
| 6 | | often as necessary. At the first meeting of the Executive
| 7 | | Ethics Commission, the commissioners shall choose from their
| 8 | | number a chairperson and other officers that they deem | 9 | | appropriate.
The terms of officers shall be for 2 years | 10 | | commencing July 1 and
running through June 30 of the second | 11 | | following year. Meetings shall be held at
the call
of the | 12 | | chairperson or any 3 commissioners. Official action by the
| 13 | | Commission shall require the affirmative vote of 5 | 14 | | commissioners, and
a quorum shall consist of 5 commissioners. | 15 | | Commissioners shall receive
compensation in an amount equal to | 16 | | the compensation of members of the State
Board of Elections and | 17 | | may be
reimbursed for their reasonable expenses actually | 18 | | incurred in the
performance of their duties.
| 19 | | (f) No commissioner or employee of the Executive
Ethics | 20 | | Commission may during his or her term of appointment or | 21 | | employment:
| 22 | | (1) become a candidate for any elective office;
| 23 | | (2) hold any other elected or appointed public office | 24 | | except for
appointments on governmental advisory boards or | 25 | | study commissions or as
otherwise expressly authorized by | 26 | | law;
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| 1 | | (3) be actively involved in the affairs of any | 2 | | political party or
political
organization; or
| 3 | | (4) advocate for the appointment of another person to | 4 | | an appointed or elected office or position or actively | 5 | | participate in any campaign for any elective office.
| 6 | | (g) An appointing authority may remove a commissioner only | 7 | | for cause.
| 8 | | (h) The Executive Ethics Commission shall appoint an | 9 | | Executive Director. The
compensation of the Executive Director | 10 | | shall be as determined by the Commission. The Executive
| 11 | | Director of the Executive Ethics Commission may employ and | 12 | | determine the
compensation of staff, as appropriations permit.
| 13 | | (i) The Executive Ethics Commission shall appoint, by a | 14 | | majority of the members appointed to the Commission, chief | 15 | | procurement officers and may appoint procurement compliance | 16 | | monitors in accordance with the provisions of the Illinois | 17 | | Procurement Code. The compensation of a chief procurement | 18 | | officer and procurement compliance monitor shall be determined | 19 | | by the Commission. | 20 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19.) | 21 | | (5 ILCS 430/20-50)
| 22 | | Sec. 20-50. Investigation reports.
| 23 | | (a) If an Executive Inspector General, upon the conclusion | 24 | | of an
investigation, determines that reasonable cause exists to | 25 | | believe that a
violation
has occurred, then
the Executive |
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| 1 | | Inspector General shall issue a summary report of the
| 2 | | investigation. The report shall be delivered to the
appropriate | 3 | | ultimate jurisdictional
authority and to the head of each State
| 4 | | agency
affected by or involved in the investigation, if | 5 | | appropriate. The appropriate ultimate jurisdictional authority | 6 | | or agency head shall respond to the summary report within 20 | 7 | | days, in writing, to the Executive Inspector General. The | 8 | | response shall include a description of any corrective or | 9 | | disciplinary action to be imposed. If the appropriate ultimate | 10 | | jurisdictional authority does not respond within 20 days, or | 11 | | within an extended time period as agreed to by the Executive | 12 | | Inspector General, an Executive Inspector General may proceed | 13 | | under subsection (c) as if a response had been received.
| 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 12 months after the Executive Inspector | 24 | | General's receipt of the allegation of the violation or within | 25 | | 18 months after the most recent act of the alleged violation or | 26 | | of a series of alleged violations, whichever is later,
except |
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| 1 | | where there is reasonable cause to believe
that fraudulent | 2 | | concealment has occurred. To constitute fraudulent concealment
| 3 | | sufficient to toll this limitations period, there must be an | 4 | | affirmative act or
representation calculated to prevent | 5 | | discovery of the fact that a violation has
occurred.
If a | 6 | | complaint is not filed with the Commission
within 6 months | 7 | | after notice by the Inspector General to the Commission and the
| 8 | | Attorney General, then the Commission may set a meeting of the | 9 | | Commission at
which the Attorney General shall appear and | 10 | | provide a status
report to the Commission.
| 11 | | (c-5) Within 30 days after receiving a response from the | 12 | | appropriate ultimate jurisdictional authority or agency head | 13 | | under subsection (a), if the Executive Inspector General does | 14 | | not believe that a complaint should be filed, the Executive | 15 | | Inspector General shall deliver to the Executive Ethics | 16 | | Commission a statement setting forth the basis for the decision | 17 | | not to file a complaint and a copy of the summary report and | 18 | | response from the ultimate jurisdictional authority or agency | 19 | | head. An Inspector General may also submit a redacted version | 20 | | of the summary report and response from the ultimate | 21 | | jurisdictional authority if the Inspector General believes | 22 | | either contains information that, in the opinion of the | 23 | | Inspector General, should be redacted prior to releasing the | 24 | | report, may interfere with an ongoing investigation, or | 25 | | identifies an informant or complainant. | 26 | | (c-10) If, after reviewing the documents, the Commission |
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| 1 | | believes that further investigation is warranted, the | 2 | | Commission may request that the Executive Inspector General | 3 | | provide additional information or conduct further | 4 | | investigation. The Commission may also appoint a Special | 5 | | Executive Inspector General to investigate or refer the summary | 6 | | report and response from the ultimate jurisdictional authority | 7 | | to the Attorney General for further investigation or review. If | 8 | | the Commission requests the Attorney General to investigate or | 9 | | review, the Commission must notify the Attorney General and the | 10 | | Inspector General. The Attorney General may not begin an | 11 | | investigation or review until receipt of notice from the | 12 | | Commission.
If, after review, the Attorney General determines | 13 | | that reasonable cause exists to believe that a violation has | 14 | | occurred, then the Attorney General may file a complaint with | 15 | | the Executive Ethics Commission. If the Attorney General | 16 | | concludes that there is insufficient evidence that a violation | 17 | | has occurred, the Attorney General shall notify the Executive | 18 | | Ethics Commission and the appropriate Executive Inspector | 19 | | General. | 20 | | (d) A copy of the complaint filed with the Executive Ethics | 21 | | Commission must be served on all respondents named in the
| 22 | | complaint and on each respondent's ultimate jurisdictional | 23 | | authority in
the same manner as process is served under the | 24 | | Code of Civil
Procedure.
| 25 | | (e) A respondent may file objections to the complaint | 26 | | within 30 days after notice of the petition has been
served on |
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| 1 | | the respondent.
| 2 | | (f) The Commission shall meet, either in person or by | 3 | | telephone, at least 30 days after the complaint is served on | 4 | | all respondents
in a closed session to review the sufficiency | 5 | | of the complaint.
The Commission shall
issue notice by | 6 | | certified mail, return receipt requested, to the Executive | 7 | | Inspector General, Attorney General, and all respondents of
the | 8 | | Commission's ruling on the sufficiency of the complaint. If the | 9 | | complaint
is deemed to
sufficiently allege a violation of this | 10 | | Act, then the Commission shall
include a hearing date scheduled | 11 | | within 4 weeks after the date of the notice,
unless all of the | 12 | | parties consent to a later date.
If the complaint is deemed not | 13 | | to sufficiently allege a
violation, then
the Commission shall | 14 | | send by certified mail, return receipt requested,
a notice to | 15 | | the Executive Inspector General, Attorney General, and all | 16 | | respondents of the decision to dismiss the complaint.
| 17 | | (g) On the scheduled date
the Commission shall conduct a | 18 | | closed meeting,
either in person or, if the parties consent, by | 19 | | telephone, on the complaint and
allow all
parties the | 20 | | opportunity to present testimony and evidence.
All such | 21 | | proceedings shall be transcribed.
| 22 | | (h) Within an appropriate time limit set by rules of the | 23 | | Executive
Ethics Commission, the Commission shall (i) dismiss | 24 | | the
complaint, (ii) issue a recommendation of discipline to the
| 25 | | respondent and the respondent's ultimate jurisdictional | 26 | | authority, (iii)
impose an administrative fine upon the |
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| 1 | | respondent, (iv) issue injunctive relief as described in | 2 | | Section 50-10, or (v) impose a combination of (ii) through | 3 | | (iv).
| 4 | | (i) The proceedings on any complaint filed with the | 5 | | Commission
shall be conducted pursuant to rules promulgated by | 6 | | the Commission.
| 7 | | (j) The Commission may designate hearing officers
to | 8 | | conduct proceedings as determined by rule of the Commission.
| 9 | | (k) In all proceedings before the Commission, the standard | 10 | | of
proof is by a preponderance of the evidence.
| 11 | | (l) Within 30 days after the issuance of a final | 12 | | administrative decision that concludes that a violation | 13 | | occurred, the Executive Ethics Commission shall make public the | 14 | | entire record of proceedings before the Commission, the | 15 | | decision, any recommendation, any discipline imposed, and the | 16 | | response from the agency head or ultimate jurisdictional | 17 | | authority to the Executive Ethics Commission.
| 18 | | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.) | 19 | | (5 ILCS 430/20-63) | 20 | | Sec. 20-63. Rights of persons subjected to discrimination, | 21 | | harassment, or sexual harassment. | 22 | | (a) As used in this Section, "complainant" means a known | 23 | | person identified in a complaint filed with an Executive | 24 | | Inspector General as a person subjected to alleged | 25 | | discrimination, harassment, or sexual harassment in violation |
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| 1 | | of Section 5-65 of this Act, subsection (a) of Section 4.7 of | 2 | | the Lobbyist Registration Act, or Article 2 of the Illinois | 3 | | Human Rights Act, regardless of whether the complaint is filed | 4 | | by the person. | 5 | | (b) A complainant shall have the following rights: | 6 | | (1) within 5 business days of the Executive Inspector | 7 | | General receiving a complaint in which the complainant is | 8 | | identified, to be notified by the Executive Inspector | 9 | | General of the receipt of the complaint, the complainant's | 10 | | rights, and an explanation of the process, rules, and | 11 | | procedures related to the investigation of an allegation, | 12 | | and the duties of the Executive Inspector General and the | 13 | | Executive Ethics Commission; | 14 | | (2) within 5 business days after the Executive | 15 | | Inspector General's decision to open or close an | 16 | | investigation into the complaint or refer the complaint to | 17 | | another appropriate agency, to be notified of the Executive | 18 | | Inspector General's decision; however, if the Executive | 19 | | Inspector General reasonably determines that publicly | 20 | | acknowledging the existence of an investigation would | 21 | | interfere with the conduct or completion of that | 22 | | investigation, the notification may be withheld until | 23 | | public acknowledgment of the investigation would no longer | 24 | | interfere with that investigation; | 25 | | (3) after an investigation has been opened, to have any | 26 | | interviews of the complainant audio recorded by the |
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| 1 | | Executive Inspector General and to review, in person and in | 2 | | the presence of the Executive Inspector General or his or | 3 | | her designee, any transcript or interview report created | 4 | | from that audio recorded interview. The complainant may | 5 | | provide any supplemental statements or evidence throughout | 6 | | the investigation to review statements and evidence given | 7 | | to the Executive Inspector General by the complainant and | 8 | | the Executive Inspector General's summarization of those | 9 | | statements and evidence, if such summary exists. The | 10 | | complainant may make suggestions of changes for the | 11 | | Executive Inspector General's consideration, but the | 12 | | Executive Inspector General shall have the final authority | 13 | | to determine what statements, evidence, and summaries are | 14 | | included in any report of the investigation ; | 15 | | (4) to have a union representative, attorney, | 16 | | co-worker, or other support person who is not involved in | 17 | | the investigation, at the complainant's expense, present | 18 | | at any interview or meeting, whether in person or by | 19 | | telephone or audio-visual communication, between the | 20 | | complainant and the Executive Inspector General or | 21 | | Executive Ethics Commission; | 22 | | (5) to submit an impact statement that shall be | 23 | | included with the Executive Inspector General's summary | 24 | | report to the Executive Ethics Commission for its | 25 | | consideration; | 26 | | (6) to testify at a hearing held under subsection (g) |
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| 1 | | of Section 20-50, to the extent the hearing is based on an | 2 | | allegation of a violation of Section 5-65 of this Act or | 3 | | subsection (a) of Section 4.7 of the Lobbyist Registration | 4 | | Act involving the complainant, and have a single union | 5 | | representative, attorney, co-worker, or other support | 6 | | person who is not involved in the investigation, at the | 7 | | complainant's expense, accompany him or her while | 8 | | testifying; | 9 | | (7) to review, within 5 business days prior to its | 10 | | release, any portion of a summary report of the | 11 | | investigation subject to public release under this Article | 12 | | related to the allegations concerning the complainant, | 13 | | after redactions made by the Executive Ethics Commission, | 14 | | and offer suggestions for redaction or provide a response | 15 | | that shall be made public with the summary report; and | 16 | | (8) to file a complaint with the Executive Ethics | 17 | | Commission for any violation of the complainant's rights | 18 | | under this Section by the Executive Inspector General. | 19 | | (c) The complainant shall have the sole discretion in | 20 | | determining whether to exercise the rights set forth in this | 21 | | Section. All rights under this Section shall be waived if the | 22 | | complainant fails to cooperate with the Executive Inspector | 23 | | General's investigation of the complaint. | 24 | | (d) The notice requirements imposed on Inspectors General | 25 | | by this Section shall be waived if the Inspector General is | 26 | | unable to identify or locate the complainant. |
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| 1 | | (e) (Blank). A complainant receiving a copy of any summary | 2 | | report, in whole or in part, under this Section shall keep the | 3 | | report confidential and shall not disclose the report prior to | 4 | | the publication of the report by the Executive Ethics | 5 | | Commission. A complainant that violates this subsection (e) | 6 | | shall be subject to an administrative fine by the Executive | 7 | | Ethics Commission of up to $5,000.
| 8 | | (Source: P.A. 101-221, eff. 8-9-19.) | 9 | | (5 ILCS 430/20-90)
| 10 | | Sec. 20-90. Confidentiality.
| 11 | | (a) The identity of any individual providing information or | 12 | | reporting any
possible or alleged
misconduct to an Executive | 13 | | Inspector General or the Executive Ethics
Commission
shall be | 14 | | kept confidential and may not be disclosed
without the consent | 15 | | of that individual, unless the individual consents to
| 16 | | disclosure of his or her name or disclosure of the individual's | 17 | | identity is
otherwise required by law. The confidentiality | 18 | | granted by this subsection does
not preclude the disclosure of | 19 | | the identity of a person in any capacity other
than as the | 20 | | source of an allegation.
| 21 | | (b) Subject to the provisions of Section 20-52, | 22 | | commissioners, employees,
and agents of the Executive Ethics | 23 | | Commission,
the Executive Inspectors General, and employees | 24 | | and agents of each Office of
an
Executive Inspector General, | 25 | | the Attorney General, and the employees and agents of the |
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| 1 | | office of the Attorney General shall keep confidential and | 2 | | shall not disclose
information exempted from disclosure under | 3 | | the Freedom of
Information Act or by this Act, provided the | 4 | | identity of any individual providing information or reporting | 5 | | any possible or alleged misconduct to the Executive Inspector | 6 | | General for the Governor may be disclosed to an Inspector | 7 | | General appointed or employed by a Regional Transit Board in | 8 | | accordance with Section 75-10.
| 9 | | (c) In his or her discretion, an Executive Inspector | 10 | | General may notify complainants and subjects of an | 11 | | investigation with an update on the status of the respective | 12 | | investigation, including when the investigation is opened and | 13 | | closed. | 14 | | (d) A complainant, as defined in subsection (a) of Section | 15 | | 20-63, or a respondent who receives a copy of any summary | 16 | | report, in whole or in part, shall keep the report confidential | 17 | | and shall not disclose the report, or any portion thereof, | 18 | | prior to the publication of the summary report by the Executive | 19 | | Ethics Commission pursuant to this Act. A complainant or | 20 | | respondent who violates this subsection (d) shall be in | 21 | | violation of this Act and subject to an administrative fine by | 22 | | the Executive Ethics Commission of up to $5,000. | 23 | | (Source: P.A. 100-588, eff. 6-8-18.) | 24 | | (5 ILCS 430/25-5)
| 25 | | Sec. 25-5. Legislative Ethics Commission.
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| 1 | | (a) The Legislative Ethics Commission is created.
| 2 | | (b) The Legislative Ethics Commission shall consist of 8
| 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.
| 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
| 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.
| 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.
| 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.
| 21 | | Terms shall run regardless of whether the position is | 22 | | filled.
| 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
| 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, (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.
| 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
| 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 State
employees regarding events | 26 | | occurring during any period of employment where the State |
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| 1 | | employee's ultimate jurisdictional authority is
(i) a | 2 | | legislative leader, (ii) the Senate Operations Commission, or | 3 | | (iii) the
Joint Committee on Legislative Support Services. The | 4 | | Legislative Ethics Commission shall have jurisdiction over | 5 | | complainants and respondents in violation of subsection (d) of | 6 | | Section 25-90 subsection (e) of Section 25-63 . The jurisdiction | 7 | | of the
Commission is limited to matters arising under this Act.
| 8 | | An officer or executive branch State employee serving on a | 9 | | legislative branch board or commission remains subject to the | 10 | | jurisdiction of the Executive Ethics Commission and is not | 11 | | subject to the jurisdiction of the Legislative Ethics | 12 | | Commission. | 13 | | (e) The Legislative Ethics Commission must meet, either
in | 14 | | person or by other technological means, monthly or as
often as | 15 | | necessary. At the first meeting of the Legislative
Ethics | 16 | | Commission, the commissioners shall choose from their
number a | 17 | | chairperson and other officers that they deem appropriate.
The | 18 | | terms of officers shall be for 2 years commencing July 1 and
| 19 | | running through June 30 of the second following year. Meetings | 20 | | shall be held at
the call
of the chairperson or any 3 | 21 | | commissioners. Official action by the
Commission shall require | 22 | | the affirmative vote of 5 commissioners, and
a quorum shall | 23 | | consist of 5 commissioners. Commissioners shall receive
no | 24 | | compensation but
may be
reimbursed for their reasonable | 25 | | expenses actually incurred in the
performance of their duties.
| 26 | | (f) No commissioner, other than a commissioner who is a |
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| 1 | | member of the
General
Assembly, or employee of the Legislative
| 2 | | Ethics Commission may during his or her term of appointment or | 3 | | employment:
| 4 | | (1) become a candidate for any elective office;
| 5 | | (2) hold any other elected or appointed public office
| 6 | | except for appointments on governmental advisory boards
or | 7 | | study commissions or as otherwise expressly authorized by | 8 | | law;
| 9 | | (3) be actively involved in the affairs of any | 10 | | political party or political
organization; or
| 11 | | (4) advocate for the appointment of another person to | 12 | | an appointed or elected office or position or actively | 13 | | participate in any campaign for any
elective office.
| 14 | | (f-5) No commissioner who is a member of the General | 15 | | Assembly may be a candidate for statewide office, federal | 16 | | office, or judicial office. If a commissioner who is a member | 17 | | of the General Assembly files petitions to be a candidate for a | 18 | | statewide office, federal office, or judicial office, he or she | 19 | | shall be deemed to have resigned from his or her position as a | 20 | | commissioner on the date his or her name is certified for the | 21 | | ballot by the State Board of Elections or local election | 22 | | authority and his or her position as a commissioner shall be | 23 | | deemed vacant. Such person may not be reappointed to the | 24 | | Commission during any time he or she is a candidate for | 25 | | statewide office, federal office, or judicial office. | 26 | | (g) An appointing authority may remove a
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| 1 | | for cause.
| 2 | | (h) The Legislative Ethics Commission shall appoint an
| 3 | | Executive Director subject to the approval of at least 3 of the | 4 | | 4 legislative leaders. The compensation of the Executive | 5 | | Director shall
be as determined by the Commission. The | 6 | | Executive Director of the Legislative
Ethics Commission may | 7 | | employ, subject to the approval of at least 3 of the 4 | 8 | | legislative leaders, and determine the
compensation of staff, | 9 | | as appropriations permit.
| 10 | | (i) In consultation with the Legislative Inspector | 11 | | General, the Legislative Ethics Commission may develop | 12 | | comprehensive training for members and employees under its | 13 | | jurisdiction that includes, but is not limited to, sexual | 14 | | harassment, employment discrimination, and workplace civility. | 15 | | The training may be recommended to the ultimate jurisdictional | 16 | | authorities and may be approved by the Commission to satisfy | 17 | | the sexual harassment training required under Section 5-10.5 or | 18 | | be provided in addition to the annual sexual harassment | 19 | | training required under Section 5-10.5. The Commission may seek | 20 | | input from governmental agencies or private entities for | 21 | | guidance in developing such training. | 22 | | (Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | 23 | | 101-221, eff. 8-9-19.) | 24 | | (5 ILCS 430/25-50)
| 25 | | Sec. 25-50. Investigation reports.
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| 1 | | (a) If the Legislative Inspector General, upon the | 2 | | conclusion of an
investigation, determines that reasonable | 3 | | cause exists to believe that a
violation
has occurred, then
the | 4 | | Legislative Inspector General shall issue a summary report of | 5 | | the
investigation. The report shall be delivered to the
| 6 | | appropriate ultimate jurisdictional
authority, to the head of | 7 | | each State
agency
affected by or involved in the investigation, | 8 | | if appropriate, and the member, if any, that is the subject of | 9 | | the report. The appropriate ultimate jurisdictional authority | 10 | | or agency head and the member, if any, that is the subject of | 11 | | the report shall respond to the summary report within 20 days, | 12 | | in writing, to the Legislative Inspector General. If the | 13 | | ultimate jurisdictional authority is the subject of the report, | 14 | | he or she may only respond to the summary report in his or her | 15 | | capacity as the subject of the report and shall not respond in | 16 | | his or her capacity as the ultimate jurisdictional authority. | 17 | | The response shall include a description of any corrective or | 18 | | disciplinary action to be imposed. If the appropriate ultimate | 19 | | jurisdictional authority or the member that is the subject of | 20 | | the report does not respond within 20 days, or within an | 21 | | extended time as agreed to by the Legislative Inspector | 22 | | General, the Legislative Inspector General may proceed under | 23 | | subsection (c) as if a response had been received. A member | 24 | | receiving and responding to a report under this Section shall | 25 | | be deemed to be acting in his or her official capacity.
| 26 | | (b) The summary report of the investigation shall include |
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| 1 | | the following:
| 2 | | (1) A description of any allegations or other | 3 | | information
received by the Legislative Inspector General | 4 | | pertinent to the
investigation.
| 5 | | (2) A description of any alleged misconduct discovered | 6 | | in the
course of the investigation.
| 7 | | (3) Recommendations for any corrective or disciplinary
| 8 | | action to be taken in response to any alleged misconduct | 9 | | described in the
report, including , but not limited to , | 10 | | discharge.
| 11 | | (4) Other information the Legislative Inspector | 12 | | General
deems relevant to the investigation or resulting | 13 | | recommendations.
| 14 | | (c) Within 30 days after receiving a response from the | 15 | | appropriate ultimate jurisdictional authority or agency head | 16 | | under subsection (a), the Legislative Inspector General shall | 17 | | notify the Commission and the Attorney General if the | 18 | | Legislative Inspector General believes that a complaint should | 19 | | be filed with the Commission. If
the Legislative Inspector | 20 | | General desires to file a
complaint with the Commission, the | 21 | | Legislative Inspector General shall submit the summary report | 22 | | and supporting documents to
the
Attorney General. If the | 23 | | Attorney General concludes that there is insufficient evidence | 24 | | that a violation has occurred, the Attorney General shall | 25 | | notify the Legislative Inspector General and the Legislative | 26 | | Inspector General shall deliver to the Legislative Ethics |
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| 1 | | Commission a copy of the summary report and response from the | 2 | | ultimate jurisdictional authority or agency head.
If the | 3 | | Attorney General determines
that reasonable cause exists to | 4 | | believe that a violation has occurred, then the
Legislative | 5 | | Inspector
General, represented by the Attorney
General, may | 6 | | file with the Legislative Ethics Commission a complaint.
The | 7 | | complaint shall set
forth the alleged violation and the
grounds | 8 | | that exist to support the complaint. Except as provided under | 9 | | subsection (1.5) of Section 20, the complaint must be filed | 10 | | with the Commission within 12 months after the Legislative | 11 | | Inspector General's receipt of the allegation of the violation | 12 | | or within 18 months after the most recent act of the alleged | 13 | | violation or of a series of alleged violations, whichever is | 14 | | later,
except where there is reasonable cause to believe
that | 15 | | fraudulent concealment has occurred. To constitute fraudulent | 16 | | concealment
sufficient to toll this limitations period, there | 17 | | must be an affirmative act or
representation calculated to | 18 | | prevent discovery of the fact that a violation has
occurred.
If | 19 | | a complaint is not filed with the Commission
within 6 months | 20 | | after notice by the Inspector General to the Commission and the
| 21 | | Attorney General, then the Commission may set a meeting of the | 22 | | Commission at
which the Attorney General shall appear and | 23 | | provide a status
report to the Commission.
| 24 | | (c-5) Within 30 days after receiving a response from the | 25 | | appropriate ultimate jurisdictional authority or agency head | 26 | | under subsection (a), if the Legislative Inspector General does |
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| 1 | | not believe that a complaint should be filed, the Legislative | 2 | | Inspector General shall deliver to the Legislative Ethics | 3 | | Commission a statement setting forth the basis for the decision | 4 | | not to file a complaint and a copy of the summary report and | 5 | | response from the ultimate jurisdictional authority or agency | 6 | | head. The Inspector General may also submit a redacted version | 7 | | of the summary report and response from the ultimate | 8 | | jurisdictional authority if the Inspector General believes | 9 | | either contains information that, in the opinion of the | 10 | | Inspector General, should be redacted prior to releasing the | 11 | | report, may interfere with an ongoing investigation, or | 12 | | identifies an informant or complainant. | 13 | | (c-10) If, after reviewing the documents, the Commission | 14 | | believes that further investigation is warranted, the | 15 | | Commission may request that the Legislative Inspector General | 16 | | provide additional information or conduct further | 17 | | investigation. The Commission may also refer the summary report | 18 | | and response from the ultimate jurisdictional authority to the | 19 | | Attorney General for further investigation or review. If the | 20 | | Commission requests the Attorney General to investigate or | 21 | | review, the Commission must notify the Attorney General and the | 22 | | Legislative Inspector General. The Attorney General may not | 23 | | begin an investigation or review until receipt of notice from | 24 | | the Commission. If, after review, the Attorney General | 25 | | determines that reasonable cause exists to believe that a | 26 | | violation has occurred, then the Attorney General may file a |
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| 1 | | complaint with the Legislative Ethics Commission. 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 Ethics Commission and the appropriate | 5 | | Legislative Inspector General. | 6 | | (d) A copy of the complaint filed with the Legislative | 7 | | Ethics Commission must be served on all respondents named in | 8 | | the
complaint and on each respondent's ultimate jurisdictional | 9 | | authority in
the same manner as process is served under the | 10 | | Code of Civil
Procedure.
| 11 | | (e) A respondent may file objections to the complaint | 12 | | within 30 days after notice of the petition has been
served on | 13 | | the respondent.
| 14 | | (f) The Commission shall meet, at least 30 days after the | 15 | | complaint is served on all respondents either in person or by | 16 | | telephone,
in a closed session to review the sufficiency of the | 17 | | complaint.
The Commission shall
issue notice by certified mail, | 18 | | return receipt requested, to the Legislative Inspector | 19 | | General, the Attorney General, and all respondents of
the | 20 | | Commission's ruling on the sufficiency of the complaint. If the | 21 | | complaint
is deemed to
sufficiently allege a violation of this | 22 | | Act, then the Commission shall
include a hearing date scheduled | 23 | | within 4 weeks after the date of the notice,
unless all of the | 24 | | parties consent to a later date.
If the complaint is deemed not | 25 | | to sufficiently allege a
violation, then
the Commission shall | 26 | | send by certified mail, return receipt requested,
a notice to |
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| 1 | | the Legislative Inspector General, the Attorney General, and | 2 | | all respondents the decision to dismiss the complaint.
| 3 | | (g) On the scheduled date
the Commission shall conduct a | 4 | | closed meeting,
either in person or, if the parties consent, by | 5 | | telephone, on the complaint and
allow all
parties the | 6 | | opportunity to present testimony and evidence.
All such | 7 | | proceedings shall be transcribed.
| 8 | | (h) Within an appropriate time limit set by rules of the | 9 | | Legislative
Ethics Commission, the Commission shall (i) | 10 | | dismiss the
complaint, (ii) issue a recommendation of | 11 | | discipline to the
respondent and the respondent's ultimate | 12 | | jurisdictional authority, (iii)
impose an administrative fine | 13 | | upon the respondent, (iv) issue injunctive relief as described | 14 | | in Section 50-10, or (v) impose a combination of items (ii) | 15 | | through (iv).
| 16 | | (i) The proceedings on any complaint filed with the | 17 | | Commission
shall be conducted pursuant to rules promulgated by | 18 | | the Commission.
| 19 | | (j) The Commission may designate hearing officers
to | 20 | | conduct proceedings as determined by rule of the Commission.
| 21 | | (k) In all proceedings before the Commission, the standard | 22 | | of
proof is by a preponderance of the evidence.
| 23 | | (l) Within 30 days after the issuance of a final | 24 | | administrative decision that concludes that a violation | 25 | | occurred, the Legislative Ethics Commission shall make public | 26 | | the entire record of proceedings before the Commission, the |
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| 1 | | decision, any recommendation, any discipline imposed, and the | 2 | | response from the agency head or ultimate jurisdictional | 3 | | authority to the Legislative Ethics Commission.
| 4 | | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | 5 | | revised 9-12-19.) | 6 | | (5 ILCS 430/25-63) | 7 | | Sec. 25-63. Rights of persons subjected to discrimination, | 8 | | harassment, or sexual harassment. | 9 | | (a) As used in this Section, "complainant" means a known | 10 | | person identified in a complaint filed with the Legislative | 11 | | Inspector General as a person subjected to alleged | 12 | | discrimination, harassment, or sexual harassment in violation | 13 | | of Section 5-65 of this Act or Article 2 of the Illinois Human | 14 | | Rights Act, regardless of whether the complaint is filed by the | 15 | | person. | 16 | | (b) A complainant shall have the following rights: | 17 | | (1) within 5 business days of the Legislative Inspector | 18 | | General receiving a complaint in which the complainant is | 19 | | identified, to be notified by the Legislative Inspector | 20 | | General of the receipt of the complaint, the complainant's | 21 | | rights, and an explanation of the process, rules, and | 22 | | procedures related to the investigation of investigating | 23 | | an allegation, and the duties of the Legislative Inspector | 24 | | General and the Legislative Ethics Commission; | 25 | | (2) within 5 business days after the Legislative |
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| 1 | | Inspector General's decision to open or close an | 2 | | investigation into the complaint or refer the complaint to | 3 | | another appropriate agency, to be notified of the | 4 | | Legislative Inspector General's decision; however, if the | 5 | | Legislative Inspector General reasonably determines that | 6 | | publicly acknowledging the existence of an investigation | 7 | | would interfere with the conduct or completion of that | 8 | | investigation, the notification may be withheld until | 9 | | public acknowledgment of the investigation would no longer | 10 | | interfere with that investigation; | 11 | | (3) after an investigation has been opened, to have any | 12 | | interviews of the complainant audio recorded by the | 13 | | Legislative Inspector General and to review, in person and | 14 | | in the presence of the Legislative Inspector General or his | 15 | | or her designee, any transcript or interview report created | 16 | | from that audio recorded interview. The complainant may | 17 | | provide any supplemental statements or evidence throughout | 18 | | the investigation to review statements and evidence given | 19 | | to the Legislative Inspector General by the complainant and | 20 | | the Legislative Inspector General's summarization of those | 21 | | statements and evidence, if such summary exists. The | 22 | | complainant may make suggestions of changes for the | 23 | | Legislative Inspector General's consideration, but the | 24 | | Legislative Inspector General shall have the final | 25 | | authority to determine what statements, evidence, and | 26 | | summaries are included in any report of the investigation ; |
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| 1 | | (4) to have a union representative, attorney, | 2 | | co-worker, or other support person who is not involved in | 3 | | the investigation, at the complainant's expense, present | 4 | | at any interview or meeting, whether in person or by | 5 | | telephone or audio-visual communication, between the | 6 | | complainant and the Legislative Inspector General or | 7 | | Legislative Ethics Commission; | 8 | | (5) to submit a complainant impact statement that shall | 9 | | be included with the Legislative Inspector General's | 10 | | summary report to the Legislative Ethics Commission for its | 11 | | consideration; | 12 | | (6) to testify at a hearing held under subsection (g) | 13 | | of Section 25-50, to the extent the hearing is based on an | 14 | | allegation of a violation of Section 5-65 of this Act | 15 | | involving the complainant, and have a single union | 16 | | representative, attorney, co-worker, or other support | 17 | | person who is not involved in the investigation, at the | 18 | | complainant's expense, accompany him or her while | 19 | | testifying; | 20 | | (7) to review, within 5 business days prior to its | 21 | | release, any portion of a summary report of the | 22 | | investigation subject to public release under this Article | 23 | | related to the allegations concerning the complainant, | 24 | | after redactions made by the Legislative Ethics | 25 | | Commission, and offer suggestions for redaction or provide | 26 | | a response that shall be made public with the summary |
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| 1 | | report; and | 2 | | (8) to file a complaint with the Legislative Ethics | 3 | | Commission for any violation of the complainant's rights | 4 | | under this Section by the Legislative Inspector General. | 5 | | (c) The complainant shall have the sole discretion in | 6 | | determining whether or not to exercise the rights set forth in | 7 | | this Section. All rights under this Section shall be waived if | 8 | | the complainant fails to cooperate with the Legislative | 9 | | Inspector General's investigation of the complaint. | 10 | | (d) The notice requirements imposed on the Legislative | 11 | | Inspector General by this Section shall be waived if the | 12 | | Legislative Inspector General is unable to identify or locate | 13 | | the complainant. | 14 | | (e) (Blank). A complainant receiving a copy of any summary | 15 | | report, in whole or in part, under this Section shall keep the | 16 | | report confidential and shall not disclose the report prior to | 17 | | the publication of the report by the Legislative Ethics | 18 | | Commission. A complainant that violates this subsection (e) | 19 | | shall be subject to an administrative fine by the Legislative | 20 | | Ethics Commission of up to $5,000.
| 21 | | (Source: P.A. 101-221, eff. 8-9-19; revised 9-12-19.) | 22 | | (5 ILCS 430/25-90)
| 23 | | Sec. 25-90. Confidentiality.
| 24 | | (a) The identity of any individual providing information or | 25 | | reporting any
possible or alleged
misconduct to the Legislative |
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| 1 | | Inspector General or the Legislative Ethics
Commission
shall be | 2 | | kept confidential and may not be disclosed
without the consent | 3 | | of that individual, unless the individual consents to
| 4 | | disclosure of his or her name or disclosure of the individual's | 5 | | identity is
otherwise required by law. The confidentiality | 6 | | granted by this subsection does
not preclude the disclosure of | 7 | | the identity of a person in any capacity other
than as the | 8 | | source of an allegation.
| 9 | | (b) Subject to the provisions of Section 25-50(c), | 10 | | commissioners, employees,
and agents of the Legislative Ethics
| 11 | | Commission, the Legislative Inspector General, and employees | 12 | | and agents of the
Office of the Legislative Inspector General | 13 | | shall keep confidential and shall
not disclose information | 14 | | exempted from disclosure under the
Freedom of Information Act | 15 | | or by this Act.
| 16 | | (c) In his or her discretion, the Legislative Inspector | 17 | | General may notify complainants and subjects of an | 18 | | investigation with an update on the status of the respective | 19 | | investigation, including when the investigation is opened and | 20 | | closed. | 21 | | (d) A complainant, as defined in subsection (a) of Section | 22 | | 25-63, or a respondent who receives a copy of any summary | 23 | | report, in whole or in part, shall keep the report confidential | 24 | | and shall not disclose the report, or any portion thereof, | 25 | | prior to the publication of the summary report by the | 26 | | Legislative Ethics Commission pursuant to this Act. A |
| | | SB0730 Enrolled | - 40 - | LRB101 04491 RJF 49499 b |
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| 1 | | complainant or respondent who violates this subsection (d) | 2 | | shall be in violation of this Act and subject to an | 3 | | administrative fine by the Legislative Ethics Commission of up | 4 | | to $5,000. | 5 | | (Source: P.A. 100-588, eff. 6-8-18.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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