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(5 ILCS 430/20-55)
Sec. 20-55. Decisions; recommendations.
(a) All decisions of the Executive Ethics Commission
must include a description of the alleged misconduct, the decision of
the Commission, including any fines levied and any recommendation
of discipline, and the reasoning for that decision. All decisions of the
Commission shall be delivered to the head of the appropriate State
agency, the appropriate ultimate jurisdictional authority, and the
appropriate Executive Inspector General. The Executive Ethics
Commission shall promulgate rules for the decision and
recommendation process.
(b) If the Executive Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate jurisdictional
authority must respond to that recommendation in 30 days with a
written response to the Executive Ethics Commission. This
response must include any disciplinary action the agency head or
ultimate jurisdictional authority has taken with respect to the officer or
employee in question. If the agency head or ultimate jurisdictional
authority did not take any disciplinary action, or took a different
disciplinary action than that recommended by the Executive
Ethics Commission, the agency head or ultimate jurisdictional
authority must describe the different action and explain the reasons for the
different action in the
written response. This response must be served upon the Executive
Ethics Commission and
the appropriate Executive Inspector General within the 30-day period and is not
exempt from the provisions of the Freedom of Information Act.
(c) Disciplinary action under this Act against a person subject to the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Treasurer Employment Code is within the jurisdiction of the Executive Ethics Commission and is not within the jurisdiction of those Acts. (d) Any hearing to contest disciplinary action for a violation of this Act against a person subject to the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Treasurer Employment Code pursuant to an agreement between an Executive Inspector General and an ultimate jurisdictional authority shall be conducted by the Executive Ethics Commission and not under any of those Acts. (Source: P.A. 96-555, eff. 8-18-09.) |