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5 ILCS 430/25-10
(5 ILCS 430/25-10)
Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector General is created.
The Office shall be under the direction and supervision of the
Legislative Inspector General and shall be a fully independent office with its
(b) The Legislative Inspector General shall be appointed without regard to
affiliation and solely on the basis of integrity and
The Legislative Ethics
Commission shall diligently search out qualified candidates for Legislative
and shall make recommendations to the General Assembly. The Legislative Inspector General may serve in a full-time, part-time, or contractual capacity.
The Legislative Inspector General shall be appointed by a joint resolution of
Senate and the House of Representatives, which may specify the date on
which the appointment takes effect.
A joint resolution, or other document as may be specified by the
Joint Rules of the General Assembly, appointing the Legislative Inspector
General must be certified by
of the House of Representatives and the President of the Senate as having been
adopted by the
affirmative vote of three-fifths of the members elected to each house,
and be filed with the Secretary of State.
The appointment of the Legislative Inspector General takes effect on the day
appointment is completed by the General Assembly, unless the appointment
specifies a later date on which it is to become effective.
The Legislative Inspector General shall have the following qualifications:
(1) has not been convicted of any felony under the
laws of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A)
with a federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) as a federal, State, or local prosecutor; (C) as a senior manager or executive of a federal, State, or local agency; (D) as a member, an officer, or a State or federal judge; or (E) representing any combination of (A) through (D).
The Legislative Inspector General may not be a relative of a commissioner.
The term of the initial Legislative Inspector General shall
commence upon qualification and shall run through June 30, 2008.
After the initial term, the Legislative Inspector General shall serve
for 5-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fifth following year. The
Legislative Inspector General may be reappointed to one or more
subsequent terms. Terms shall run regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term shall be filled in the
same manner as an appointment only for the balance of the term of the
Inspector General whose office is vacant. Within 7 days of the Office becoming vacant or receipt of a Legislative Inspector General's prospective resignation, the vacancy shall be publicly posted on the Commission's website, along with a description of the requirements for the position and where applicants may apply.
Within 45 days of the vacancy, the Commission shall designate an Acting Legislative Inspector General who shall serve until the vacancy is filled. The Commission shall file the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the Legislative Inspector General or within 30 days of the occurrence of a vacancy in the Office of the Legislative Inspector General, the Legislative Ethics Commission shall establish a four-member search committee within the Commission for the purpose of conducting a search for qualified candidates to serve as Legislative Inspector General. The Speaker of the House of Representatives, Minority Leader of the House, Senate President, and Minority Leader of the Senate shall each appoint one member to the search committee. A member of the search committee shall be either a retired judge or former prosecutor and may not be a member or employee of the General Assembly or a registered lobbyist. If the Legislative Ethics Commission wishes to recommend that the Legislative Inspector General be re-appointed, a search committee does not need to be appointed.
The search committee shall conduct a search for qualified candidates, accept applications, and conduct interviews. The search committee shall recommend up to 3 candidates for Legislative Inspector General to the Legislative Ethics Commission. The search committee shall be disbanded upon an appointment of the Legislative Inspector General. Members of the search committee are not entitled to compensation but shall be entitled to reimbursement of reasonable expenses incurred in connection with the performance of their duties.
Within 30 days after the effective date of this amendatory Act of the 100th General Assembly, the Legislative Ethics Commission shall create a search committee in the manner provided for in this subsection to recommend up to 3 candidates for Legislative Inspector General to the Legislative Ethics Commission by October 31, 2018.
If a vacancy exists and the Commission has not appointed an Acting Legislative Inspector General, either the staff of the Office of the Legislative Inspector General, or if there is no staff, the Executive Director, shall advise the Commission of all open investigations and any new allegations or complaints received in the Office of the Inspector General. These reports shall not include the name of any person identified in the allegation or complaint, including, but not limited to, the subject of and the person filing the allegation or complaint. Notification shall be made to the Commission on a weekly basis unless the Commission approves of a different reporting schedule.
If the Office of the Inspector General is vacant for 6 months or more beginning on or after January 1, 2019, and the Legislative Ethics Commission has not appointed an Acting Legislative Inspector General, all complaints made to the Legislative Inspector General or the Legislative Ethics Commission shall be directed to the Inspector General for the Auditor General, and he or she shall have the authority to act as provided in subsection (c) of this Section and Section 25-20 of this Act, and shall be subject to all laws and rules governing a Legislative Inspector General or Acting Legislative Inspector General. The authority for the Inspector General of the Auditor General under this paragraph shall terminate upon appointment of a Legislative Inspector General or an Acting Legislative Inspector General.
(c) The Legislative Inspector General
shall have jurisdiction over the current and former members of the General Assembly regarding events occurring during a member's term of office and
current and former State employees regarding events occurring during any period of employment where the State employee's ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations Commission, or (iii) the
Joint Committee on Legislative Support Services.
The jurisdiction of each Legislative Inspector General is to investigate
allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance,
malfeasance, or violations of this Act or violations of other related
laws and rules.
The Legislative Inspector General shall have jurisdiction over complainants in violation of subsection (e) of Section 25-63 of this Act.
(d) The compensation of the Legislative Inspector General shall
be the greater of an amount (i) determined by the Commission or (ii) by joint
resolution of the General Assembly passed by a majority of members elected in
Subject to Section 25-45 of this Act, the Legislative Inspector General has
authority to organize the Office of the Legislative Inspector General,
including the employment and determination of the compensation of
staff, such as deputies, assistants, and other employees, as
appropriations permit. Employment of staff is subject to the approval of at least 3 of the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the Office of
the Legislative Inspector General may, during his or her term of appointment or
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
A full-time Legislative Inspector General shall not engage in the practice of law or any other business, employment, or vocation.
In this subsection an appointed public office means a position authorized by
law that is filled by an appointing authority as provided by law and does not
include employment by hiring in the ordinary course of business.
(e-1) No Legislative Inspector General or employee of the Office of the
Legislative Inspector General may, for one year after the termination of his or
her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
(e-2) The requirements of item (3) of subsection (e-1) may be waived by the
Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector General only for
cause. At the time of the removal, the Commission must report to the General
Assembly the justification for the removal.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.)