State of Illinois
92nd General Assembly
Legislation

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92_HB4084eng

 
HB4084 Engrossed                              LRB9211207BDpkA

 1        AN ACT concerning the Office of Secretary of State.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Secretary  of  State Act is amended by
 5    adding Section 14 as follows:

 6        (15 ILCS 305/14 new)
 7        Sec. 14. Inspector General.
 8        (a)  The Secretary of State must,  with  the  advice  and
 9    consent  of  the Senate, appoint an Inspector General for the
10    purpose of detection, deterrence, and  prevention  of  fraud,
11    corruption,  and mismanagement in the Office of the Secretary
12    of State.  The Inspector General shall serve a  2-year  term.
13    If   no   successor  is  appointed  and  qualified  upon  the
14    expiration of the Inspector General's  term,  the  Office  of
15    Inspector  General is deemed vacant and the powers and duties
16    under this Section may be exercised only by an appointed  and
17    qualified   interim   Inspector  General  until  a  successor
18    Inspector General is appointed and qualified.  If the General
19    Assembly is not in session when a vacancy in  the  Office  of
20    Inspector  General occurs, the Secretary of State may appoint
21    an interim Inspector General whose term shall expire 2  weeks
22    after the next regularly-scheduled session day of the Senate.
23        (b)  The  Inspector  General  shall  have  the  following
24    qualifications:
25             (1)  has not been convicted  of any felony under the
26        laws of this State, another State, or the United States;
27             (2)  has  earned  a  baccalaureate  degree  from  an
28        institution of higher education; and
29             (3)  has  either (A) 5 or more years of service with
30        a federal, State, or local  law  enforcement  agency,  at
31        least  2  years  of  which  have  been  in  a progressive
 
HB4084 Engrossed            -2-               LRB9211207BDpkA
 1        investigatory capacity; (B) 5 or more years of service as
 2        a federal, State, or local prosecutor; or (C) 5  or  more
 3        years  of  service  as a senior manager or executive of a
 4        federal, State, or local law enforcement agency.
 5        (c)  The Inspector General may  review,  coordinate,  and
 6    recommend methods and procedures to increase the integrity of
 7    the  Office  of  the  Secretary  of State.  The duties of the
 8    Inspector General  shall  supplement  and  not  supplant  the
 9    duties  of  the  Chief  Auditor  for the Secretary of State's
10    Office.  The Inspector General must report  directly  to  the
11    Secretary of State.
12        (d)  The  Secretary  of State may designate the Inspector
13    General and inspectors  who  are  members  of  the  Inspector
14    General's  office  as  peace officers; however, the Inspector
15    General and his or her inspectors may not be members  of  the
16    Secretary  of  State's  police force.  These inspectors shall
17    have  all  the  powers  possessed  by  police   officers   in
18    municipalities   and   by   sheriffs  of  counties,  and  the
19    inspectors may exercise those powers anywhere  in  the  State
20    but only in the investigation of allegations of misconduct or
21    criminal  behavior  by the Secretary of State or employees of
22    the Office of the Secretary of State.
23        No inspector may have peace officer  status  or  exercise
24    police  powers  unless  he  or she successfully completes the
25    basic police training mandated and approved by  the  Illinois
26    Law  Enforcement Training Standards Board or the Board waives
27    the training requirement by reason of the  inspector's  prior
28    law enforcement experience or training, or both.
29        The  Board  may not waive the training requirement unless
30    the inspector has had a minimum of 5 years of experience as a
31    sworn officer of a local, State, or federal  law  enforcement
32    agency,  2  of  which  must  have  been  in  an investigatory
33    capacity.
34        (e)  In addition to the authority otherwise  provided  by
 
HB4084 Engrossed            -3-               LRB9211207BDpkA
 1    this  Section,  but only when investigating the Office of the
 2    Secretary of State,  its  employees,  or  their  actions  for
 3    fraud, corruption, or mismanagement, the Inspector General is
 4    authorized:
 5             (1)  To have access to all records, reports, audits,
 6        reviews,  documents,  papers,  recommendations,  or other
 7        materials  available  that   relate   to   programs   and
 8        operations  with  respect  to which the Inspector General
 9        has responsibilities under this Section.
10             (2)  To make any investigations and reports relating
11        to the administration of the programs and  operations  of
12        the  Office  of  the  Secretary of State that are, in the
13        judgement  of  the  Inspector   General,   necessary   or
14        desirable.
15             (3)  To  request  any information or assistance that
16        may  be  necessary  for  carrying  out  the  duties   and
17        responsibilities provided by this Section from any local,
18        State, or federal governmental agency or unit thereof.
19             (4)  To   require  by  subpoena  the  appearance  of
20        witnesses  and  the  production   of   all   information,
21        documents,  reports,  answers, records, accounts, papers,
22        and other data and documentary evidence necessary in  the
23        performance  of  the  functions assigned by this Section,
24        with the exception of records maintained in the  ordinary
25        course  of  business,  including  but  not limited to the
26        representation  of  employees  and  the  negotiation   of
27        collective  bargaining agreements by a labor organization
28        authorized and recognized under the Illinois Public Labor
29        Relations   Act   to   be   the   exclusive    bargaining
30        representative of employees of the Secretary of State and
31        with  the exception of subsection (c).  A subpoena may be
32        issued under this paragraph (4)  only  by  the  Inspector
33        General  and  not  by  members of the Inspector General's
34        staff.  Any person subpoenaed by  the  Inspector  General
 
HB4084 Engrossed            -4-               LRB9211207BDpkA
 1        has  the  same  rights  as a person subpoenaed by a grand
 2        jury.  Any person who  knowingly  and  intentionally  (A)
 3        fails to appear in response to a subpoena or (B) fails to
 4        produce  any  books or papers in his or her possession or
 5        control pertinent to an investigation under this  Section
 6        is guilty of a Class A misdemeanor.
 7             (5)  To   have  direct  and  prompt  access  to  the
 8        Secretary of State for  any  purpose  pertaining  to  the
 9        performance  of functions and responsibilities under this
10        Section.
11        (f)  The Inspector General may  receive  and  investigate
12    complaints  or  information from an employee of the Secretary
13    of State concerning the possible  existence  of  an  activity
14    constituting  a  violation  of  law,  rules,  or regulations;
15    mismanagement;  abuse  of  authority;  or   substantial   and
16    specific  danger  to  the  public  health  and  safety.   Any
17    employee  who  knowingly  files  a false complaint or files a
18    complaint with  reckless  disregard  for  the  truth  or  the
19    falsity  of the facts underlying the complaint may be subject
20    to discipline as set forth in the rules of the Department  of
21    Personnel of the Secretary of State.
22        The  Inspector  General  may  not,  after  receipt  of  a
23    complaint  or  information  from  an  employee,  disclose the
24    identity of the employee without the consent of the employee.
25        Any employee  who  has  the  authority  to  recommend  or
26    approve any personnel action or to direct others to recommend
27    or approve any personnel action may not, with respect to that
28    authority,  take  or  threaten to take any action against any
29    employee as a reprisal for making a complaint  or  disclosing
30    information  to  the  Inspector General, unless the complaint
31    was made or the information disclosed with the knowledge that
32    it was false or with  willful  disregard  for  its  truth  or
33    falsity.
34        (g)  The   Inspector   General   must   adopt  rules,  in
 
HB4084 Engrossed            -5-               LRB9211207BDpkA
 1    accordance with the provisions of the Illinois Administrative
 2    Procedure  Act,   establishing   minimum   requirements   for
 3    initiating,  conducting,  and completing investigations.  The
 4    rules must establish criteria for determining, based upon the
 5    nature  of  the  allegation,  the   appropriate   method   of
 6    investigation, which may include, but is not limited to, site
 7    visits,  telephone contacts, personal interviews, or requests
 8    for written responses.  The rules must also clarify  how  the
 9    Office  of  the  Inspector  General shall interact with other
10    local, State, and federal law enforcement investigations.
11        Any  employee  of  the  Secretary  of  State  subject  to
12    investigation or inquiry by  the  Inspector  General  or  any
13    agent  or  representative of the Inspector General shall have
14    the right to be notified of the right to remain silent during
15    the investigation or inquiry and the right to be  represented
16    in  the  investigation  or  inquiry  by a representative of a
17    labor  organization  that   is   the   exclusive   collective
18    bargaining  representative  of  employees of the Secretary of
19    State. Any such investigation or inquiry must be conducted in
20    compliance with the provisions  of  a  collective  bargaining
21    agreement  that  applies to the employees of the Secretary of
22    State. Any recommendation for discipline or any action  taken
23    against   any  employee  by  the  Inspector  General  or  any
24    representative or agent of the Inspector General must  comply
25    with  the  provisions  of the collective bargaining agreement
26    that applies to the employee.
27        (h)  On or before January 1 of each year,  the  Inspector
28    General  shall  report  to  the  President of the Senate, the
29    Minority Leader of the Senate, the Speaker of  the  House  of
30    Representatives,  and  the  Minority  Leader  of the House of
31    Representatives  on  the  types  of  investigations  and  the
32    activities undertaken by the Office of the Inspector  General
33    during the previous calendar year.
 
HB4084 Engrossed            -6-               LRB9211207BDpkA
 1        Section 10.  The Secretary of State Merit Employment Code
 2    is amended by changing Section 16 as follows:

 3        (15 ILCS 310/16) (from Ch. 124, par. 116)
 4        Sec.  16. Status of present employees.  Employees holding
 5    positions in the Office of  the  Secretary  of  State  herein
 6    shall continue under the following conditions:
 7        (1)  Employees  who  have been appointed as the result of
 8    having passed examinations in accordance with the  provisions
 9    of  the  "Personnel Code", and who have satisfactorily passed
10    the  probationary  period  or  who  have  been  promoted   in
11    accordance  with  the  rules  thereunder,  shall be continued
12    without further examination, but shall be  otherwise  subject
13    to provisions of this Act and the rules made pursuant to it.
14        (2)  Employees  who  have been appointed as the result of
15    having passed examinations pursuant to the provisions of  the
16    "Personnel  Code"  but  have not completed their probationary
17    period on the effective date of this Act shall  be  continued
18    without further examination but shall be otherwise subject to
19    provisions  of  this  Act  and the rules made pursuant to it.
20    Time served on probation prior to the effective date of  this
21    Act  shall  count  as  time served on the probationary period
22    provided by this Act.
23        (2.5)  Persons who, immediately before the effective date
24    of this amendatory Act of the  92nd  General  Assembly,  were
25    employees  with  investigatory  functions  of  the  Inspector
26    General  within  the Office of the Secretary of State and who
27    are subject to the Secretary of State Merit  Employment  Code
28    shall be appointed to the position of inspector, as described
29    in  Section  14  of  the Secretary of State Act, if they: (i)
30    meet  the  requirements  described  in  Section  14  of   the
31    Secretary of State Act; (ii) pass a qualifying examination as
32    prescribed by the Director of Personnel within 6 months after
33    the effective date of this amendatory Act of the 92nd General
 
HB4084 Engrossed            -7-               LRB9211207BDpkA
 1    Assembly;  and (iii) satisfactorily complete their respective
 2    probationary  periods.   The   qualifying   examination   for
 3    inspectors  shall  be  similar to those required for entrance
 4    examinations for comparable positions in the  Office  of  the
 5    Secretary  of  State.  Inspectors  shall be appointed without
 6    regard  to  eligible  lists.  Nothing  in   this   subsection
 7    precludes   the   Office  of  the  Secretary  of  State  from
 8    reclassifying or reallocating employees who  would  otherwise
 9    qualify as inspectors.
10        (3)  All  other  such employees subject to the provisions
11    of this Act shall be continued in their respective  positions
12    if  they  pass  a  qualifying  examination  prescribed by the
13    Director within 9 months from the effective date of this Act,
14    and satisfactorily  complete  their  respective  probationary
15    periods.    Such  qualifying examinations shall be similar to
16    those  required  for  entrance  examinations  for  comparable
17    positions  in  the  Office  of  the   Secretary   of   State.
18    Appointments  of  such  employees  shall be without regard to
19    eligible    lists.     Nothing    herein    precludes     the
20    reclassification  or  reallocation as provided by this Act of
21    any position held by such incumbent.
22        (4)  Nothing in this Act shall be construed to prejudice,
23    reduce,  extinguish  or  affect  the  rights  or   privileges
24    determined through judicial process to have been conferred on
25    any  present  or  past  employee under the Illinois Personnel
26    Code.  In the event that any court of competent  jurisdiction
27    shall  determine  that  present  or  past  employees  of  the
28    Secretary  of State have any rights arising from the Illinois
29    Personnel Code, those rights shall be recognized  under  this
30    Act.
31        (5)  Any  person  who,  as  a  result of any court order,
32    court approved stipulation or settlement, has any  employment
33    or  re-employment  rights prior to the effective date of this
34    Act shall continue to have such rights  after  the  effective
 
HB4084 Engrossed            -8-               LRB9211207BDpkA
 1    date of this Act.
 2    (Source: P.A. 80-13.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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