Full Text of SB1628 94th General Assembly
SB1628 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1628
Introduced 2/23/2005, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/20-10 |
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5 ILCS 430/20-15 |
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5 ILCS 430/20-20 |
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5 ILCS 430/20-21 |
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5 ILCS 430/20-23 |
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5 ILCS 430/20-40 |
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5 ILCS 430/20-45 |
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5 ILCS 430/20-50 |
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5 ILCS 430/20-55 |
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5 ILCS 430/20-65 |
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5 ILCS 430/20-70 |
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5 ILCS 430/20-80 |
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5 ILCS 430/20-85 |
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5 ILCS 430/20-86 |
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5 ILCS 430/20-90 |
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5 ILCS 430/20-95 |
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Amends the State Officials and Employees Ethics Act. Creates the Higher Education Inspector General, appointed by the Illinois Board of Higher Education, for the public institutions of higher education (now, under the Executive Inspector General appointed by the Governor).
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A BILL FOR
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| AN ACT concerning ethics.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 20-10, 20-15, 20-20, 20-21, 20-23, | 6 |
| 20-40, 20-45, 20-50, 20-55, 20-65, 20-70, 20-80, 20-85, 20-86, | 7 |
| 20-90, and 20-95 as follows:
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| (5 ILCS 430/20-10)
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| Sec. 20-10. Offices of Executive Inspectors General and the | 10 |
| Higher Education Inspector General .
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| (a) Five independent Offices of the Executive Inspector | 12 |
| General are
created,
one each for the Governor, the Attorney | 13 |
| General, the Secretary of State, the
Comptroller, and the | 14 |
| Treasurer , and one independent Office of the Higher Education | 15 |
| Inspector General for the public institutions of higher | 16 |
| learning as defined in Section 2 of the Higher Education | 17 |
| Cooperation Act . Each Office shall be under the direction and
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| supervision
of an Executive Inspector General or the Higher | 19 |
| Education Inspector General and shall be a fully independent | 20 |
| office with
separate
appropriations.
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| (b) The Governor, Attorney General, Secretary of State, | 22 |
| Comptroller, and
Treasurer shall each appoint an Executive | 23 |
| Inspector General, without regard to
political affiliation and | 24 |
| solely on the basis of integrity and
demonstrated ability.
The | 25 |
| Illinois Board of Higher Education shall appoint a Higher | 26 |
| Education Inspector General for the public institutions of | 27 |
| higher learning as defined in Section 2 of the Higher Education | 28 |
| Cooperation Act without regard to political affiliation and | 29 |
| solely on the basis of integrity and demonstrated ability. | 30 |
| Appointments shall be made by and with the advice and consent | 31 |
| of the
Senate by three-fifths of the elected members concurring | 32 |
| by record vote.
Any nomination not acted upon by the Senate |
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| within 60 session days of the
receipt thereof shall be deemed | 2 |
| to have received the advice and consent of
the Senate. If, | 3 |
| during a recess of the Senate, there is a vacancy in an office
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| of Executive Inspector General or the office of the Higher | 5 |
| Education Inspector General , the appointing authority shall | 6 |
| make a
temporary appointment until the next meeting of the | 7 |
| Senate when the
appointing authority shall make a nomination to | 8 |
| fill that office. No person
rejected for an office of Executive | 9 |
| Inspector General or the office of the Higher Education | 10 |
| Inspector General shall, except by the
Senate's request, be | 11 |
| nominated again for that office at the same session of
the | 12 |
| Senate or be appointed to that office during a recess of that | 13 |
| Senate.
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| Nothing in this Article precludes the appointment by the | 15 |
| Governor, Attorney
General,
Secretary of State, Comptroller, | 16 |
| or Treasurer , or Illinois Board of Higher Education of any | 17 |
| other inspector general
required or
permitted by law. The | 18 |
| Governor, Attorney General, Secretary of State,
Comptroller, | 19 |
| and
Treasurer , and Illinois Board of Higher Education
each may | 20 |
| appoint an existing inspector general as the Executive | 21 |
| Inspector
General
required by this
Article, provided that such | 22 |
| an inspector general is not prohibited by law,
rule,
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| jurisdiction, qualification, or interest from serving as the | 24 |
| Executive
Inspector General
required by
this Article.
An | 25 |
| appointing authority may not appoint a relative as an Executive | 26 |
| Inspector
General or as the Higher Education Inspector General .
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| Each Executive Inspector General and the Higher Education | 28 |
| Inspector General shall have the following qualifications:
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| (1) has not been convicted of any felony under the laws | 30 |
| of this State,
another State, or the United States;
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| (2) has earned a baccalaureate degree from an | 32 |
| institution of higher
education; and
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| (3) has 5 or more years of cumulative service (A) with | 34 |
| a federal,
State, or
local law enforcement agency, at least | 35 |
| 2 years of which have been in a
progressive investigatory | 36 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
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| as a
senior manager or executive of a federal, State, or | 2 |
| local
agency; (D) as a member, an officer,
or a State
or | 3 |
| federal judge; or (E) representing any combination of (A) | 4 |
| through (D).
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| In addition to the qualifications listed in items (1), (2), | 6 |
| and (3), the Higher Education Inspector General shall have 5 or | 7 |
| more years of cumulative service within an institution of | 8 |
| higher learning.
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| The term of each initial Executive Inspector General and | 10 |
| Higher Education Inspector General shall
commence upon | 11 |
| qualification and shall run through June 30, 2008. The
initial | 12 |
| appointments shall be made within 60 days after the effective
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| date of this Act.
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| After the initial term, each Executive Inspector General | 15 |
| and Higher Education Inspector General shall serve
for 5-year | 16 |
| terms commencing on July 1 of the year of appointment
and | 17 |
| running through June 30 of the fifth following year. An
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| Executive Inspector General may be reappointed to one or more
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| subsequent terms.
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| A vacancy occurring other than at the end of a term shall | 21 |
| be filled
by the appointing authority only for the balance of | 22 |
| the term of the Executive
Inspector General or the Higher | 23 |
| Education Inspector General whose office is vacant.
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| Terms shall run regardless of whether the position is | 25 |
| filled.
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| (c) The Executive Inspector General appointed by the | 27 |
| Attorney General shall
have jurisdiction over the Attorney | 28 |
| General and all officers and employees of,
and vendors and | 29 |
| others doing business with,
State agencies within the | 30 |
| jurisdiction of the Attorney General. The Executive
Inspector | 31 |
| General appointed by the Secretary of State shall have | 32 |
| jurisdiction
over the Secretary of State and all officers and | 33 |
| employees of, and vendors and
others doing business with, State | 34 |
| agencies within the
jurisdiction of the Secretary of State. The | 35 |
| Executive Inspector General
appointed by the Comptroller shall | 36 |
| have jurisdiction over the Comptroller and
all officers and |
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| employees of, and vendors and others doing business with,
State | 2 |
| agencies within the jurisdiction of the Comptroller. The
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| Executive Inspector General appointed by the Treasurer shall | 4 |
| have jurisdiction
over the Treasurer and all officers and | 5 |
| employees of, and vendors and others
doing business with, State | 6 |
| agencies within the jurisdiction
of the Treasurer. The Higher | 7 |
| Education Inspector General shall have jurisdiction over the | 8 |
| public institutions of higher learning as defined in Section 2 | 9 |
| of the Higher Education Cooperation Act and all officers, | 10 |
| trustees, and employees of, and vendors and others doing | 11 |
| business with, any entities or State agencies within the | 12 |
| jurisdiction of the public institutions of higher learning as | 13 |
| defined in Section 2 of the Higher Education Cooperation Act. | 14 |
| The Executive Inspector General appointed by the Governor
shall | 15 |
| have jurisdiction over the Governor, the Lieutenant Governor, | 16 |
| and all
officers and employees of, and vendors and others doing | 17 |
| business with,
executive branch State agencies under the | 18 |
| jurisdiction of the
Executive Ethics Commission and not within | 19 |
| the jurisdiction of the
Attorney
General, the Secretary of | 20 |
| State, the Comptroller, or the Treasurer , or the public | 21 |
| institutions of higher learning as defined in Section 2 of the | 22 |
| Higher Education Cooperation Act .
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| The jurisdiction of each Executive Inspector General and | 24 |
| the Higher Education Inspector General is to investigate
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| allegations of fraud, waste, abuse, mismanagement, misconduct, | 26 |
| nonfeasance,
misfeasance,
malfeasance, or violations of this | 27 |
| Act or violations of other related
laws and rules.
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| (d) The minimum compensation for each Executive Inspector | 29 |
| General and the Higher Education Inspector General shall be
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| determined by the Executive Ethics Commission. The actual | 31 |
| compensation for each
Executive Inspector General and the | 32 |
| Higher Education Inspector General shall be determined by the | 33 |
| appointing executive
branch
constitutional officer and must be | 34 |
| at or above the minimum compensation level
set by
the Executive | 35 |
| Ethics Commission. Subject to Section 20-45 of this Act, each
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| Executive Inspector General and the Higher Education Inspector |
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| General has full
authority
to organize his or her Office of the | 2 |
| Executive Inspector General or Office of the Higher Education | 3 |
| Inspector General , including the
employment and determination | 4 |
| of the compensation of staff, such as deputies,
assistants, and | 5 |
| other employees, as appropriations permit. A separate
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| appropriation
shall be made for each Office of Executive | 7 |
| Inspector General and the Office of the Higher Education | 8 |
| Inspector General .
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| (e) No Executive Inspector General or the Higher Education | 10 |
| Inspector General or employee of the Office of
the Executive | 11 |
| Inspector General or Office of Higher the Education Inspector | 12 |
| General may, during his or her term of appointment or
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| employment:
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| (1) become a candidate for any elective office;
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| (2) hold any other elected or appointed public office
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| except for appointments on governmental advisory boards
or | 17 |
| study commissions or as otherwise expressly authorized by | 18 |
| law;
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| (3) be actively involved in the affairs of any | 20 |
| political party or
political organization; or
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| (4) actively participate in any campaign for any
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| elective office.
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| In this subsection an appointed public office means a | 24 |
| position authorized by
law that is filled by an appointing | 25 |
| authority as provided by law and does not
include employment by | 26 |
| hiring in the ordinary course of business.
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| (e-1) No Executive Inspector General or the Higher | 28 |
| Education Inspector General or employee of the Office of the
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| Executive Inspector General or the Office of the Higher | 30 |
| Education Inspector General may, for one year after the | 31 |
| termination of his or
her appointment or employment:
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| (1) become a candidate for any elective office;
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| (2) hold any elected public office; or
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| (3) hold any appointed State, county, or local judicial | 35 |
| office.
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| (e-2) The requirements of item (3) of subsection (e-1) may |
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| be waived by the
Executive Ethics Commission.
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| (f) An Executive Inspector General or the Higher Education | 3 |
| Inspector General may be removed only for cause and may
be | 4 |
| removed only by the appointing constitutional officer. At the | 5 |
| time of the
removal,
the appointing constitutional officer must | 6 |
| report to the Executive Ethics
Commission the
justification for | 7 |
| the
removal.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 9 |
| (5 ILCS 430/20-15)
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| Sec. 20-15. Duties of the Executive Ethics
Commission. In | 11 |
| addition to duties otherwise assigned by
law, the Executive | 12 |
| Ethics Commission shall have the
following duties:
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| (1) To promulgate rules
governing the performance of | 14 |
| its duties and the
exercise of its powers and governing the | 15 |
| investigations of the
Executive Inspectors General and the | 16 |
| Higher Education Inspector General .
It is declared to be in | 17 |
| the public interest, safety, and welfare that the
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| Commission adopt emergency rules under the Illinois | 19 |
| Administrative Procedure
Act to initially perform its | 20 |
| duties under this subsection.
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| (2) To conduct administrative hearings and rule on | 22 |
| matters
brought before the Commission only upon the receipt | 23 |
| of pleadings
filed by an Executive Inspector General or the | 24 |
| Higher Education Inspector General and not upon its own
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| prerogative, but may appoint special Executive Inspectors | 26 |
| General as provided
in Section 20-21. Any other allegations | 27 |
| of misconduct received by the
Commission from a person | 28 |
| other than an Executive Inspector General
or the Higher | 29 |
| Education Inspector General shall be referred to the Office | 30 |
| of the appropriate Executive Inspector General or the | 31 |
| Higher Education Inspector General .
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| (3) To prepare and publish manuals and guides and, | 33 |
| working with
the Office of the Attorney General, oversee
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| training of employees under its jurisdiction that explains | 35 |
| their duties.
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| (4) To prepare public information materials to | 2 |
| facilitate
compliance, implementation, and enforcement of | 3 |
| this Act.
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| (5) To submit reports as required by this Act.
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| (6) To the extent authorized by this Act, to make | 6 |
| rulings, issue
recommendations, and impose administrative | 7 |
| fines,
if appropriate,
in
connection with the | 8 |
| implementation and interpretation of this Act.
The powers | 9 |
| and duties of the
Commission are limited to matters clearly | 10 |
| within the purview of this
Act.
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| (7) To issue subpoenas with respect to matters pending | 12 |
| before the Commission,
subject to the provisions of this | 13 |
| Article and in the
discretion of the Commission,
to compel | 14 |
| the attendance of witnesses for purposes of testimony and
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| the production of documents and other items for inspection | 16 |
| and
copying.
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| (8) To appoint special Executive Inspectors General as | 18 |
| provided in Section
20-21.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 20 |
| (5 ILCS 430/20-20)
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| Sec. 20-20. Duties of the Executive Inspectors
General and | 22 |
| the Higher Education Inspector General . In addition to duties | 23 |
| otherwise assigned by law,
each Executive Inspector General and | 24 |
| the Higher Education Inspector General shall have the following | 25 |
| duties:
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| (1) To receive and investigate allegations of | 27 |
| violations of this
Act. The
Executive Inspector General or | 28 |
| the Higher Education Inspector General may receive | 29 |
| information through the
Office of any Executive Inspector | 30 |
| General or the Higher Education Inspector General or
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| through an ethics commission.
An investigation may be | 32 |
| conducted only in response
to information reported to the | 33 |
| Executive Inspector General
or the Higher Education | 34 |
| Inspector General as provided in this Section and not upon | 35 |
| his or her own prerogative.
Allegations may not be made |
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| anonymously. An investigation may not be initiated
more | 2 |
| than one year after the most recent act of the alleged | 3 |
| violation or of a
series of alleged violations except where | 4 |
| there is reasonable cause to believe
that fraudulent | 5 |
| concealment has occurred. To constitute fraudulent | 6 |
| concealment
sufficient to toll this limitations period, | 7 |
| there must be an affirmative act or
representation | 8 |
| calculated to prevent discovery of the fact that a | 9 |
| violation has
occurred. The
Executive Inspector General | 10 |
| and the Higher Education Inspector General shall have the | 11 |
| discretion to determine the
appropriate means of | 12 |
| investigation as permitted by law.
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| (2) To request information relating to an | 14 |
| investigation from any
person when the Executive Inspector | 15 |
| General or the Higher Education Inspector General deems | 16 |
| that information necessary in
conducting an investigation.
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| (3) To issue subpoenas
to compel the attendance of | 18 |
| witnesses for the
purposes of testimony and production of | 19 |
| documents and other items for
inspection and copying and to | 20 |
| make service of those subpoenas and subpoenas
issued under | 21 |
| item (7) of Section 20-15.
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| (4) To submit reports as required by this Act.
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| (5) To file
pleadings in the name of
the Executive | 24 |
| Inspector General or the Higher Education Inspector | 25 |
| General with the Executive Ethics
Commission, through the | 26 |
| Attorney General, as provided in this Article if the
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| Attorney General finds that reasonable cause exists to | 28 |
| believe that a violation
has
occurred.
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| (6) To assist and coordinate the ethics officers
for | 30 |
| State agencies under the jurisdiction of the
Executive | 31 |
| Inspector General or the Higher Education Inspector | 32 |
| General and to work with those ethics officers.
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| (7) To participate in or conduct, when appropriate, | 34 |
| multi-jurisdictional
investigations.
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| (8) To request, as the Executive Inspector General or | 36 |
| the Higher Education Inspector General deems appropriate, |
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| from
ethics officers
of State agencies under his or her | 2 |
| jurisdiction, reports or information
on (i) the content of | 3 |
| a State agency's ethics
training program and (ii) the | 4 |
| percentage of new officers and
employees who have completed | 5 |
| ethics training.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 7 |
| (5 ILCS 430/20-21)
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| Sec. 20-21. Special Executive Inspectors General.
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| (a) The Executive Ethics Commission, on its own initiative | 10 |
| and by majority
vote,
may appoint special Executive Inspectors | 11 |
| General (i) to investigate alleged
violations of this Act if
an | 12 |
| investigation by the Inspector General was not concluded within | 13 |
| 6 months
after its
initiation, where the Commission finds that | 14 |
| the Inspector General's reasons
under Section 20-65 for failing | 15 |
| to complete the investigation are insufficient
and (ii) to | 16 |
| accept referrals from the Commission of allegations made | 17 |
| pursuant
to this Act concerning an Executive Inspector General , | 18 |
| the Higher Education Inspector General, or employee of an | 19 |
| Office
of an Executive Inspector General or the Office of the | 20 |
| Higher Education Inspector General and to investigate those | 21 |
| allegations.
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| (b) A special Executive Inspector General must have the | 23 |
| same qualifications
as an Executive Inspector General | 24 |
| appointed under Section 20-10.
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| (c) The Commission's appointment of a special Executive | 26 |
| Inspector General
must be in writing and must specify the | 27 |
| duration and purpose of the
appointment.
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| (d) A special Executive Inspector General shall have the | 29 |
| same powers and
duties
with respect to the purpose of his or | 30 |
| her appointment as an Executive
Inspector General appointed | 31 |
| under Section 20-10.
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| (e) A special Executive
Inspector
General shall report the | 33 |
| findings of his or her investigation to the
Commission.
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| (f) The Commission may report the findings of a special | 35 |
| Executive Inspector
General and its recommendations, if any, to |
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| the appointing authority of the
appropriate Executive | 2 |
| Inspector General.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 4 |
| (5 ILCS 430/20-23)
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| Sec. 20-23. Ethics Officers.
Each officer and the head of | 6 |
| each State agency
under the jurisdiction of the
Executive | 7 |
| Ethics Commission shall designate an Ethics
Officer for the | 8 |
| office or State agency.
Ethics Officers shall:
| 9 |
| (1) act as liaisons between the State agency and the | 10 |
| appropriate Executive
Inspector General or the Higher | 11 |
| Education Inspector General and between the State agency | 12 |
| and the Executive Ethics
Commission;
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| (2) review statements of economic interest and | 14 |
| disclosure forms of
officers, senior employees, and | 15 |
| contract monitors before they are filed with
the Secretary | 16 |
| of State; and
| 17 |
| (3) provide guidance to officers and employees in the | 18 |
| interpretation and
implementation of this Act, which the | 19 |
| officer or employee may in good faith
rely upon. Such | 20 |
| guidance shall be based, wherever possible,
upon legal | 21 |
| precedent in court decisions, opinions of the Attorney | 22 |
| General, and
the findings and opinions of the Executive | 23 |
| Ethics Commission.
| 24 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 25 |
| (5 ILCS 430/20-40)
| 26 |
| Sec. 20-40. Collective bargaining agreements.
Any | 27 |
| investigation or inquiry by an Executive Inspector General or | 28 |
| the Higher Education Inspector General or any agent
or
| 29 |
| representative of an Executive Inspector General or the Higher | 30 |
| Education Inspector General must be conducted
with awareness of | 31 |
| the
provisions of a collective bargaining agreement that | 32 |
| applies to the
employees of the relevant State agency and with | 33 |
| an awareness of the rights of
the
employees as set forth by | 34 |
| State and federal law and applicable judicial
decisions. Any |
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| recommendation for discipline or any action taken against any
| 2 |
| State employee pursuant to this Act
must comply with the | 3 |
| provisions of the collective bargaining
agreement that applies | 4 |
| to the State employee.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 6 |
| (5 ILCS 430/20-45)
| 7 |
| Sec. 20-45. Standing; representation.
| 8 |
| (a) Only an Executive Inspector General or the Higher | 9 |
| Education Inspector General may bring actions before the
| 10 |
| Executive Ethics Commission.
| 11 |
| (b) The Attorney General shall represent an Executive | 12 |
| Inspector General or the Higher Education Inspector General in
| 13 |
| all proceedings before the
Commission.
Whenever the Attorney | 14 |
| General is sick or
absent, or unable to attend, or is | 15 |
| interested in any matter or
proceeding under this Act, upon the | 16 |
| filing of a petition under seal by any
person with standing,
| 17 |
| the Supreme Court (or any other court of competent jurisdiction | 18 |
| as designated
and determined by rule of the Supreme Court) may | 19 |
| appoint
some competent attorney to prosecute or defend that | 20 |
| matter or proceeding, and
the attorney so appointed shall have | 21 |
| the same
power and authority in relation to
that matter or | 22 |
| proceeding as the
Attorney General would have had if present | 23 |
| and
attending to the same.
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| (c) Attorneys representing an Inspector General in
| 25 |
| proceedings before the Executive Ethics Commission, except an | 26 |
| attorney
appointed under subsection (b),
shall be appointed or | 27 |
| retained by the Attorney General, shall
be under the | 28 |
| supervision, direction, and control of the Attorney General, | 29 |
| and
shall serve at the pleasure of the Attorney General. The | 30 |
| compensation of any
attorneys appointed or retained in | 31 |
| accordance
with this subsection or subsection (b) shall be paid | 32 |
| by the appropriate Office
of the Executive
Inspector General or | 33 |
| Office of the Higher Education Inspector General .
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| (Source: P.A. 93-617, eff. 12-9-03.) |
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| (5 ILCS 430/20-50)
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| Sec. 20-50. Investigation reports; complaint procedure.
| 3 |
| (a) If an Executive Inspector General or the Higher | 4 |
| Education Inspector General , upon the conclusion of an
| 5 |
| investigation, determines that reasonable cause exists to | 6 |
| believe that a
violation
has occurred, then
the Executive | 7 |
| Inspector General or the Higher Education Inspector General | 8 |
| shall issue a summary report of the
investigation. The report | 9 |
| shall be delivered to the
appropriate ultimate jurisdictional
| 10 |
| authority and to the head of each State
agency
affected by or | 11 |
| involved in the investigation, if appropriate.
| 12 |
| (b) The summary report of the investigation shall include | 13 |
| the following:
| 14 |
| (1) A description of any allegations or other | 15 |
| information
received by the Executive Inspector General or | 16 |
| the Higher Education Inspector General pertinent to the
| 17 |
| investigation.
| 18 |
| (2) A description of any alleged misconduct discovered | 19 |
| in the
course of the investigation.
| 20 |
| (3) Recommendations for any corrective or disciplinary
| 21 |
| action to be taken in response to any alleged misconduct | 22 |
| described in the
report, including but not limited to | 23 |
| discharge.
| 24 |
| (4) Other information the Executive Inspector General
| 25 |
| or the Higher Education Inspector General deems relevant to | 26 |
| the investigation or resulting recommendations.
| 27 |
| (c) Not less than 30 days after delivery of the summary | 28 |
| report of
an
investigation under subsection (a),
if the | 29 |
| Executive Inspector General or the Higher Education Inspector | 30 |
| General desires to file a petition for leave to file
a
| 31 |
| complaint, the Executive Inspector General or the Higher | 32 |
| Education Inspector General shall notify the Commission and the
| 33 |
| Attorney General.
If the Attorney General determines
that | 34 |
| reasonable cause exists to believe that a violation has | 35 |
| occurred, then the
Executive Inspector
General or the Higher | 36 |
| Education Inspector General , represented by the Attorney
|
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| General, may file with the Executive Ethics Commission a | 2 |
| petition for
leave to file a complaint.
The petition shall set
| 3 |
| forth the alleged violation and the
grounds that exist to | 4 |
| support the petition. The petition for leave to
file a | 5 |
| complaint must be filed with the Commission within 18 months
| 6 |
| after the most recent act of the
alleged violation or of a | 7 |
| series of alleged violations
except where there is reasonable | 8 |
| cause to believe
that fraudulent concealment has occurred. To | 9 |
| constitute fraudulent concealment
sufficient to toll this | 10 |
| limitations period, there must be an affirmative act or
| 11 |
| representation calculated to prevent discovery of the fact that | 12 |
| a violation has
occurred.
If a petition for leave to file a | 13 |
| complaint is not filed with the Commission
within 6 months | 14 |
| after notice by the Inspector General to the Commission and the
| 15 |
| Attorney General, then the Commission may set a meeting of the | 16 |
| Commission at
which the Attorney General shall appear and | 17 |
| provide a status
report to the Commission.
| 18 |
| (d) A copy of the petition must be served on all | 19 |
| respondents named in the
complaint and on each respondent's | 20 |
| ultimate jurisdictional authority in
the same manner as process | 21 |
| is served under the Code of Civil
Procedure.
| 22 |
| (e) A respondent may file objections to the petition for | 23 |
| leave to
file a complaint within 30 days after notice of the | 24 |
| petition has been
served on the respondent.
| 25 |
| (f) The Commission shall meet, either in person or by | 26 |
| telephone,
in a closed session to review the sufficiency of the | 27 |
| complaint.
If the Commission finds that complaint is | 28 |
| sufficient, the Commission shall
grant the petition for leave | 29 |
| to file the
complaint.
The Commission shall
issue notice to the | 30 |
| Executive Inspector General or the Higher Education Inspector | 31 |
| General and all respondents of
the Commission's ruling on the | 32 |
| sufficiency of the complaint. If the complaint
is deemed to
| 33 |
| sufficiently allege a violation of this Act, then the | 34 |
| Commission shall notify
the parties and shall
include a hearing | 35 |
| date scheduled within 4 weeks after the date of the notice,
| 36 |
| unless all of the parties consent to a later date.
If the |
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| 1 |
| complaint is deemed not to sufficiently allege a
violation, | 2 |
| then
the Commission shall send by certified mail, return | 3 |
| receipt requested,
a notice to the parties of the decision to | 4 |
| dismiss the complaint.
| 5 |
| (g) On the scheduled date
the Commission shall conduct a | 6 |
| closed meeting,
either in person or, if the parties consent, by | 7 |
| telephone, on the complaint and
allow all
parties the | 8 |
| opportunity to present testimony and evidence.
All such | 9 |
| proceedings shall be transcribed.
| 10 |
| (h) Within an appropriate time limit set by rules of the | 11 |
| Executive
Ethics Commission, the Commission shall (i) dismiss | 12 |
| the
complaint or (ii) issue a recommendation of discipline to | 13 |
| the
respondent and the respondent's ultimate jurisdictional | 14 |
| authority or
impose an administrative fine upon the respondent, | 15 |
| or both.
| 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) When the Inspector General concludes that there is | 24 |
| insufficient
evidence that a violation has occurred, the | 25 |
| Inspector General shall close the
investigation. At the request | 26 |
| of the subject of the investigation, the
Inspector
General | 27 |
| shall provide a written statement to the subject of the | 28 |
| investigation
and to the Commission of
the Inspector General's | 29 |
| decision to close the investigation. Closure by the
Inspector | 30 |
| General does not bar the Inspector General from resuming the
| 31 |
| investigation if circumstances warrant.
| 32 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 33 |
| (5 ILCS 430/20-55)
| 34 |
| Sec. 20-55. Decisions; recommendations.
| 35 |
| (a) All decisions of the Executive Ethics Commission
must |
|
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| include a description of the alleged misconduct, the decision | 2 |
| of
the Commission, including any fines levied and any | 3 |
| recommendation
of discipline, and the reasoning for that | 4 |
| decision. All decisions of the
Commission shall be delivered to | 5 |
| the head of the appropriate State
agency, the appropriate | 6 |
| ultimate jurisdictional authority, and the
appropriate | 7 |
| Executive Inspector General or the Higher Education Inspector | 8 |
| General . The Executive Ethics
Commission shall promulgate | 9 |
| rules for the decision and
recommendation process.
| 10 |
| (b) If the Executive Ethics Commission issues a
| 11 |
| recommendation of discipline to an agency head or ultimate
| 12 |
| jurisdictional authority, that agency head or ultimate | 13 |
| jurisdictional
authority must respond to that recommendation | 14 |
| in 30 days with a
written response to the Executive Ethics | 15 |
| Commission. This
response must include any disciplinary action | 16 |
| the agency head or
ultimate jurisdictional authority has taken | 17 |
| with respect to the officer or
employee in question. If the | 18 |
| agency head or ultimate jurisdictional
authority did not take | 19 |
| any disciplinary action, or took a different
disciplinary | 20 |
| action than that recommended by the Executive
Ethics | 21 |
| Commission, the agency head or ultimate jurisdictional
| 22 |
| authority must describe the different action and explain the | 23 |
| reasons for the
different action in the
written response. This | 24 |
| response must be served upon the Executive
Ethics Commission | 25 |
| and
the appropriate Executive Inspector General or the Higher | 26 |
| Education Inspector General within the 30-day period and is not
| 27 |
| exempt from the provisions of the Freedom of Information Act.
| 28 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 29 |
| (5 ILCS 430/20-65)
| 30 |
| Sec. 20-65. Investigations not concluded within 6 months. | 31 |
| If
any investigation is not concluded within 6 months after its | 32 |
| initiation,
the appropriate Executive Inspector General or the | 33 |
| Higher Education Inspector General shall notify the Executive
| 34 |
| Ethics Commission and appropriate ultimate jurisdictional | 35 |
| authority
of the general nature of the allegation or |
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| information giving rise to the
investigation and the reasons | 2 |
| for failure to complete the investigation
within 6 months.
| 3 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 4 |
| (5 ILCS 430/20-70)
| 5 |
| Sec. 20-70. Cooperation in investigations. It is the duty | 6 |
| of
every officer and employee under the jurisdiction of an | 7 |
| Executive
Inspector General or the Higher Education Inspector | 8 |
| General , including any inspector general serving in any
State | 9 |
| agency under the jurisdiction of that Executive Inspector
| 10 |
| General or the Higher Education Inspector General , to cooperate | 11 |
| with the Executive Inspector General or the Higher Education | 12 |
| Inspector General in any
investigation undertaken pursuant to | 13 |
| this Act. Failure to cooperate
with an investigation of the | 14 |
| Executive Inspector General or the Higher Education Inspector | 15 |
| General is grounds
for disciplinary action, including | 16 |
| dismissal. Nothing in this Section limits or
alters a person's | 17 |
| existing rights or protections under State or federal law.
| 18 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 19 |
| (5 ILCS 430/20-80)
| 20 |
| Sec. 20-80. Referrals of investigations. If an Executive
| 21 |
| Inspector General or the Higher Education Inspector General | 22 |
| determines that any alleged misconduct involves
any person not | 23 |
| subject to the jurisdiction of the Executive
Ethics Commission, | 24 |
| that Executive Inspector General or the Higher Education | 25 |
| Inspector General shall refer the
reported allegations to the | 26 |
| appropriate Inspector General, appropriate ethics
commission, | 27 |
| or other
appropriate body. If an Executive Inspector General or | 28 |
| the Higher Education Inspector General determines that
any | 29 |
| alleged misconduct may give rise to criminal penalties, the
| 30 |
| Executive Inspector General or the Higher Education Inspector | 31 |
| General may refer the allegations regarding that
misconduct to | 32 |
| the appropriate law enforcement authority.
| 33 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
|
|
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| 1 |
| (5 ILCS 430/20-85)
| 2 |
| Sec. 20-85. Quarterly reports by Executive Inspector | 3 |
| General and the Higher Education Inspector General .
Each | 4 |
| Executive Inspector General and the Higher Education Inspector | 5 |
| General shall submit quarterly
reports to the appropriate | 6 |
| executive branch constitutional officer and the
Executive | 7 |
| Ethics Commission, on dates determined by the
Executive Ethics | 8 |
| Commission, indicating:
| 9 |
| (1) the number of allegations received since the date | 10 |
| of the last report;
| 11 |
| (2) the number of investigations initiated since the | 12 |
| date of
the last report;
| 13 |
| (3) the number of investigations concluded since the | 14 |
| date of
the last report;
| 15 |
| (4) the number of investigations pending as of the | 16 |
| reporting
date;
| 17 |
| (5) the number of complaints forwarded to the Attorney | 18 |
| General since the
date of the last report; and
| 19 |
| (6) the number of actions filed with the Executive | 20 |
| Ethics Commission since
the date of the last report and the | 21 |
| number of
actions pending before the Executive Ethics | 22 |
| Commission as of the reporting
date.
| 23 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 24 |
| (5 ILCS 430/20-86)
| 25 |
| Sec. 20-86. Quarterly reports by the Attorney General. The | 26 |
| Attorney
General shall submit
quarterly reports to the | 27 |
| Executive Ethics Commission, on dates determined by
the | 28 |
| Executive Ethics Commission, indicating:
| 29 |
| (1) the number of complaints received from each of the | 30 |
| Executive
Inspectors General and the Higher Education | 31 |
| Inspector General since the date of the last report;
| 32 |
| (2) the number of complaints for which the Attorney | 33 |
| General has determined
reasonable
cause exists to believe | 34 |
| that a violation has occurred since the date of the
last | 35 |
| report; and
|
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| 1 |
| (3) the number of complaints still under review by the | 2 |
| Attorney General.
| 3 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 4 |
| (5 ILCS 430/20-90)
| 5 |
| Sec. 20-90. Confidentiality.
| 6 |
| (a) The identity of any individual providing information or | 7 |
| reporting any
possible or alleged
misconduct to an Executive | 8 |
| Inspector General or the Higher Education Inspector General or | 9 |
| the Executive Ethics
Commission
shall be kept confidential and | 10 |
| may not be disclosed
without the consent of that individual, | 11 |
| unless the individual consents to
disclosure of his or her name | 12 |
| or disclosure of the individual's identity is
otherwise | 13 |
| required by law. The confidentiality granted by this subsection | 14 |
| does
not preclude the disclosure of the identity of a person in | 15 |
| any capacity other
than as the source of an allegation.
| 16 |
| (b) Subject to the provisions of Section 20-50(c), | 17 |
| commissioners, employees,
and agents of the Executive Ethics | 18 |
| Commission,
the Executive Inspectors General, the Higher | 19 |
| Education Inspector General, and employees and agents of each | 20 |
| Office of
an
Executive Inspector General and the Office of the | 21 |
| Higher Education Inspector General shall keep confidential and | 22 |
| shall not disclose
information exempted from disclosure under | 23 |
| the Freedom of
Information Act or by this Act.
| 24 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 25 |
| (5 ILCS 430/20-95)
| 26 |
| Sec. 20-95. Exemptions.
| 27 |
| (a) Documents generated by an ethics
officer under this | 28 |
| Act, except Section 5-50, are exempt from the provisions of
the | 29 |
| Freedom
of Information Act.
| 30 |
| (b) Any allegations
and related documents
submitted to an | 31 |
| Executive Inspector General or the Higher Education Inspector | 32 |
| General and any pleadings and
related documents brought before | 33 |
| the Executive Ethics
Commission are exempt from the provisions | 34 |
| of the Freedom of
Information Act so long as the Executive |
|
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| 1 |
| Ethics Commission
does not make a finding of a violation of | 2 |
| this Act.
If the Executive
Ethics Commission finds that a | 3 |
| violation has occurred, the
entire record of proceedings before | 4 |
| the Commission, the decision and
recommendation, and the | 5 |
| mandatory report from the agency head or
ultimate | 6 |
| jurisdictional authority to the Executive Ethics
Commission | 7 |
| are not exempt from the provisions of the Freedom of
| 8 |
| Information Act but information contained therein that is | 9 |
| otherwise exempt from
the
Freedom of Information Act must be | 10 |
| redacted before disclosure as provided in
Section 8 of the | 11 |
| Freedom of Information Act.
| 12 |
| (c) Meetings of the Commission under
Sections 20-5
and | 13 |
| 20-15 of this Act are exempt from the provisions of the Open
| 14 |
| Meetings Act.
| 15 |
| (d) Unless otherwise provided in this Act, all | 16 |
| investigatory files and
reports of the Office of an Executive | 17 |
| Inspector General or the Office of the Higher Education | 18 |
| Inspector General , other than quarterly
reports, are | 19 |
| confidential, are exempt from disclosure
under the Freedom of | 20 |
| Information Act, and shall not be divulged to
any person or | 21 |
| agency, except as necessary (i) to the appropriate law
| 22 |
| enforcement
authority if the matter is referred pursuant to | 23 |
| this Act, (ii) to the ultimate
jurisdictional authority, (iii) | 24 |
| to the
Executive Ethics Commission; or (iv) to another | 25 |
| Inspector General appointed
pursuant to this Act.
| 26 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
|