2005 Illinois Code - 5 ILCS 430/ State Officials and Employees Ethics Act. Article 5 - Ethical Conduct
(5 ILCS 430/Art. 5 heading)
ARTICLE 5
ETHICAL CONDUCT
(Source: P.A. 93‑615, eff. 11‑19‑03.)
(5 ILCS 430/5‑5)
Sec. 5‑5. Personnel policies.
(a) Each of the following shall adopt and
implement personnel policies for all State employees under his, her, or its
jurisdiction and control: (i) each executive branch constitutional officer,
(ii) each legislative leader, (iii) the Senate Operations Commission, with
respect to legislative employees under Section 4 of the General Assembly
Operations Act, (iv) the Speaker of the House of Representatives, with respect
to legislative employees under Section 5 of the General Assembly Operations
Act, (v) the Joint Committee on Legislative Support
Services, with respect to State employees of the legislative support services
agencies,
(vi) members of the General Assembly, with respect to legislative assistants,
as provided in Section 4 of the General Assembly Compensation Act,
(vii) the Auditor General, (viii) the Board of Higher Education, with respect
to
State employees of public institutions of higher learning except community
colleges, and (ix)
the Illinois Community College Board, with respect to State employees of
community colleges. The Governor shall adopt and implement
those policies for all State employees of the executive branch not under the
jurisdiction and control
of any other executive branch constitutional officer.
(b) The policies required under subsection (a) shall be filed with the
appropriate ethics commission established under this Act or, for the Auditor
General, with the Office of the Auditor General.
(c) The policies required under subsection (a) shall include
policies
relating to work time requirements, documentation of time worked, documentation
for reimbursement
for travel on official State business, compensation, and the earning or accrual
of State
benefits for all State employees who may be eligible to receive those
benefits. The policies shall comply with and be consistent with all other
applicable laws.
The policies shall
require State employees to periodically submit time sheets
documenting
the time spent each day on official State business to the nearest quarter hour;
contractual State employees may satisfy the
time sheets
requirement by complying with the terms
of their contract, which shall provide for a means of compliance with this
requirement. The policies for State employees
shall require those time sheets to be submitted
on
paper, electronically, or both and to be maintained in either paper or
electronic format by the applicable fiscal
office for a period of at least 2 years.
(d) The policies required under subsection (a) shall be adopted by the
applicable entity before February 1, 2004 and shall apply to State
employees beginning 30 days after adoption.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/5‑10)
Sec. 5‑10. Ethics training. Each officer, member, and employee
must complete, at least
annually beginning in 2004, an ethics training program conducted by the
appropriate
State agency. Each ultimate jurisdictional authority
must implement an ethics training program for its officers, members, and
employees.
These ethics training programs shall be overseen by the appropriate Ethics
Commission and Inspector
General appointed pursuant to this Act in consultation with the Office of the
Attorney
General.
Each Inspector General
shall set standards and
determine the hours and frequency of training necessary for each
position or category of positions. A person who fills a vacancy in an
elective or appointed position that requires training and a person
employed in a position that requires training must complete his or her
initial ethics training within 6 months after commencement of his or
her office or employment.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/5‑15)
Sec. 5‑15. Prohibited political activities.
(a) State employees shall not intentionally perform any prohibited political
activity during
any compensated time (other than vacation, personal, or compensatory time off).
State employees shall not intentionally
misappropriate any State property or resources by engaging in any prohibited
political activity for the benefit of any campaign
for elective office or any political organization.
(b) At no time shall any executive or legislative branch constitutional
officer or any official, director, supervisor, or State
employee intentionally misappropriate the services of any State employee by
requiring that State employee to perform any
prohibited political activity (i) as part of that employee's State
duties, (ii) as a
condition of State employment, or (iii)
during any time off that is compensated by the State (such as
vacation, personal, or compensatory time off).
(c) A State employee shall not be required at any time to participate in any
prohibited political activity
in consideration for
that State employee
being awarded any additional compensation or employee benefit, in the form of a
salary adjustment, bonus, compensatory time off, continued employment, or
otherwise.
(d) A State employee shall not be awarded any additional compensation or
employee benefit, in the form of a salary adjustment, bonus, compensatory time
off, continued employment, or otherwise, in consideration for the State
employee's participation in
any prohibited political activity.
(e) Nothing in this Section prohibits activities that are otherwise
appropriate for a State employee to engage in as a part of
his or her official State employment duties
or activities that are undertaken by a State employee on a voluntary basis as
permitted by law.
(f) No person either (i) in a position that is subject to recognized merit
principles of
public
employment or (ii) in a position the salary for which is paid in whole or in
part by federal funds and that is subject to the Federal Standards for a Merit
System of Personnel Administration applicable to grant‑in‑aid programs, shall
be denied or deprived of State employment or tenure solely because he or she is
a member or an officer of a political committee,
of a political party, or of a political organization or club.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 430/5‑20)
Sec. 5‑20. Public service announcements; other promotional material.
(a) Beginning January 1, 2004, no public service announcement or
advertisement that is on behalf of
any State administered program and contains the
proper name, image, or voice of any executive branch constitutional officer
or member of the General Assembly shall be broadcast or aired on radio or
television or printed in a commercial newspaper or a commercial magazine at any
time.
(b) The proper name or image of any executive branch constitutional officer
or member of the General Assembly may not appear on any (i)
bumper stickers,
(ii) commercial billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
stickers, and
(vi) other similar promotional items, that are not in furtherance of the person's official State duties or governmental and public service functions, if
designed,
paid for, prepared, or distributed using public dollars. This subsection does
not apply to stocks of items existing on the effective date of this amendatory
Act of the 93rd General Assembly.
(c) This Section does not apply to
communications
funded through expenditures required to be reported under Article 9 of the
Election Code.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑617, eff. 12‑9‑03; 93‑685, eff. 7‑8‑04.)
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(5 ILCS 430/5‑30)
Sec. 5‑30. Prohibited offer or promise.
An officer or employee of the executive or legislative branch or a
candidate for an executive or legislative branch office may not promise
anything of value related to State government, including but not limited to
positions in State government, promotions, or salary increases, in
consideration for a contribution to a political committee, political party, or
other entity that has as one of its purposes the financial support of a
candidate for elective office.
Nothing in this Section prevents the making or accepting of voluntary
contributions otherwise in accordance with law.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 430/5‑35)
Sec. 5‑35. Contributions on State property. Contributions shall not be
intentionally solicited, accepted, offered, or made on State property by public
officials, by State employees, by candidates for elective office, by persons
required to be registered under the Lobbyist Registration Act, or
by any officers, employees, or agents of any political organization,
except as
provided in this Section. For purposes of this Section, "State property" means
any building or portion thereof owned
or exclusively leased by the State
or any State agency at the time the contribution is solicited, offered,
accepted, or made. "State property" does not however, include any portion of a
building
that is rented or leased from the State or
any State
agency by a private person or entity.
An inadvertent solicitation, acceptance, offer, or making of a contribution
is
not a violation of this Section so long as reasonable and timely action is
taken to return
the contribution to its source.
The provisions of this Section do not apply to the residences of
State officers and employees, except that no fundraising events
shall be held at residences owned by the State or paid for, in whole or in
part, with State funds.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 430/5‑40)
Sec. 5‑40. Fundraising in Sangamon County. Except as provided in this
Section, any executive branch constitutional officer, any candidate for an
executive branch constitutional office, any member of the General Assembly,
any candidate for the General Assembly, any political caucus of the General
Assembly, or any political committee on behalf of any of the foregoing may not
hold a fundraising function in Sangamon County on any day the legislature is
in session (i) during the period beginning February 1 and ending on the later
of the actual adjournment dates
of either house of the spring session and (ii) during fall veto session.
For purposes of this Section, the legislature is not considered to be in
session on a day that is solely a perfunctory session day or on a day when only
a committee is meeting.
During the period beginning June 1 and ending on the first day of fall veto
session each year, this Section does not apply to (i) a member of the General
Assembly whose legislative or representative district is entirely within
Sangamon County or (ii) a candidate for the General Assembly from that
legislative or representative district.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 430/5‑45)
Sec. 5‑45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or spouse or
immediate family member living with such person, shall, within a period of one
year immediately after termination of State employment, knowingly accept
employment or receive compensation or fees for services from a person or entity
if the officer, member, or State employee, during the year immediately
preceding termination of State employment, participated personally and
substantially in the decision to award State contracts with a cumulative value
of over $25,000
to the person or entity, or its parent or subsidiary.
(b) No former officer of the executive branch or State employee of the
executive branch with regulatory or
licensing authority, or spouse or immediate family member living with such
person, shall, within a period of one year immediately after termination of
State employment, knowingly accept employment or receive compensation of fees
for services from a person or entity if the officer
or State
employee, during the year immediately preceding
termination of State employment, made a regulatory or licensing decision that
directly applied to the person or entity, or its parent or subsidiary.
(c) The requirements of this Section may be waived
(i) for the executive
branch, in writing by
the Executive Ethics Commission, (ii) for the
legislative branch, in writing by
the Legislative Ethics Commission, and (iii) for the
Auditor General, in writing by the Auditor General.
During the time period from the effective date of this amendatory Act of the
93rd General Assembly until the Executive Ethics Commission first meets, the
requirements of this Section may be waived in writing by the appropriate
ultimate jurisdictional authority. During the time period from the
effective date of this amendatory Act of the 93rd General Assembly until the
Legislative Ethics Commission first meets, the requirements of this Section may
be waived in writing by the appropriate ultimate jurisdictional authority.
The waiver shall be granted
upon a showing that the
prospective
employment or relationship did not affect the decisions referred to in sections
(a) and (b).
(d) This Section applies only to persons who terminate an affected position
on or after the effective date of this amendatory Act of the 93rd General
Assembly.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/5‑50)
Sec. 5‑50. Ex parte communications; special government agents.
(a) This Section applies to ex
parte communications made to any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral communication by any
person
that imparts or requests material
information
or makes a material argument regarding
potential action concerning regulatory, quasi‑adjudicatory, investment, or
licensing
matters pending before or under consideration by the agency.
"Ex parte
communication" does not include the following: (i) statements by
a person publicly made in a public forum; (ii) statements regarding
matters of procedure and practice, such as format, the
number of copies required, the manner of filing, and the status
of a matter; and (iii) statements made by a
State employee of the agency to the agency head or other employees of that
agency.
(b‑5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party or
his or her official representative or attorney shall promptly be
memorialized and made a part of the record.
(c) An ex parte communication received by any agency, agency head, or
other agency
employee, other than an ex parte communication described in subsection (b‑5),
shall immediately be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency who responds to
the communication. The ethics officer shall require that the ex parte
communication
be promptly made a part of the record. The ethics officer shall promptly
file the ex parte communication with the
Executive Ethics Commission, including all written
communications, all written responses to the communications, and a memorandum
prepared by the ethics officer stating the nature and substance of all oral
communications, the identity and job title of the person to whom each
communication was made,
all responses made, the identity and job title of the person making each
response,
the identity of each person from whom the written or oral ex parte
communication was received, the individual or entity represented by that
person, any action the person requested or recommended, and any other pertinent
information.
The disclosure shall also contain the date of any
ex parte communication.
(d) "Interested party" means a person or entity whose rights,
privileges, or interests are the subject of or are directly affected by
a regulatory, quasi‑adjudicatory, investment, or licensing matter.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities Planning Board
Industrial Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte communication to an
ethics officer, (ii) make information part of the record, or (iii) make a
filing
with the Executive Ethics Commission as required by this Section or as required
by
Section 5‑165 of the Illinois Administrative Procedure Act violates this Act.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/5‑55)
Sec. 5‑55. Prohibition on serving on boards and
commissions. Notwithstanding any other law of this State, on and
after February 1, 2004, a person, his or her spouse, and any
immediate family member living with that person is ineligible to
serve on a board, commission, authority, or task force authorized
or created by State law or by executive order of the Governor if (i)
that person is entitled to receive more than 7 1/2% of the total
distributable income under a State contract other than an
employment contract or (ii) that person together with his or her
spouse and immediate family members living with that person are
entitled to receive more than 15% in the aggregate of the total
distributable income under a State contract other than an
employment contract; except that this restriction does not apply to
any of the following:
(1) a person, his or her spouse, or his or her |
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immediate family member living with that person, who is serving in an elective public office, whether elected or appointed to fill a vacancy; and
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(2) a person, his or her spouse, or his or her
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immediate family member living with that person, who is serving on a State advisory body that makes nonbinding recommendations to an agency of State government but does not make binding recommendations or determinations or take any other substantive action.
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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