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5 ILCS 430/25-95 (5 ILCS 430/25-95)
Sec. 25-95. Exemptions.
(a) Documents generated by an ethics
officer under this Act, except Section 5-50, are exempt from the provisions of
the Freedom
of Information Act.
(a-5) Requests from ethics officers, members, and State employees to the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader for guidance on matters involving the interpretation or application of this Act or rules promulgated under this Act are exempt from the provisions of the Freedom of Information Act. Guidance provided to an ethics officer, member, or State employee at the request of an ethics officer, member, or State employee by the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader on matters involving the interpretation or application of this Act or rules promulgated under this Act is exempt from the provisions of the Freedom of Information Act.
(b) Summary investigation reports released by the Legislative Ethics Commission as provided in Section 25-52 are public records. Otherwise, any allegations
and related documents
submitted to the Legislative Inspector General and any pleadings and
related documents brought before the Legislative Ethics
Commission are exempt from the provisions of the Freedom of
Information Act so long as the Legislative Ethics Commission
does not make a finding of a violation of this Act.
If the Legislative
Ethics Commission finds that a violation has occurred, the
entire record of proceedings before the Commission, the decision and
recommendation, and the mandatory report from the agency head or
ultimate jurisdictional authority to the Legislative Ethics
Commission are not exempt from the provisions of the Freedom of
Information Act but information contained therein that is exempt from the
Freedom of Information Act must be redacted before disclosure as provided in
Section 8 of the Freedom of Information Act.
(c) Meetings of the Commission are exempt from the provisions of the Open
Meetings Act.
(d) Unless otherwise provided in this Act, all investigatory files and
reports of the Office of the Legislative Inspector General, other than quarterly
reports under Section 25-85, are confidential, are exempt from disclosure
under the Freedom of Information Act, and shall not be divulged to
any person or agency, except as necessary (i) to the appropriate law
enforcement
authority if the matter is referred pursuant to this Act, (ii) to the ultimate
jurisdictional authority, (iii) to the
Legislative Ethics Commission, or (iv) to the Executive Director of the Legislative Ethics Commission to the extent necessary to advise the Commission of all open investigations and any new allegations or complaints received in the Office of the Inspector General when there is a vacancy in the Office of Inspector General pursuant to subparagraph (b-5) of Section 25-10.
(Source: P.A. 100-588, eff. 6-8-18.) |
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