2005 Illinois Code - 5 ILCS 430/ State Officials and Employees Ethics Act. Article 25 - Legislative Ethics Commission and Legislative Inspector General
(5 ILCS 430/Art. 25 heading)
ARTICLE 25
LEGISLATIVE ETHICS COMMISSION AND
LEGISLATIVE INSPECTOR GENERAL
(Source: P.A. 93‑617, eff. 12‑9‑03.)
(5 ILCS 430/25‑5)
Sec. 25‑5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the
President and Minority Leader of the Senate and the Speaker and Minority Leader
of the House of Representatives.
The terms of the initial commissioners shall commence upon qualification.
Each appointing authority shall designate one appointee who
shall serve for a 2‑year term running through
June 30, 2005.
Each appointing authority shall designate one appointee who
shall serve for a
4‑year term running through June 30, 2007.
The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial terms, commissioners shall serve for 4‑year terms
commencing on July 1 of the year of appointment and running
through June 30 of the fourth following year. Commissioners may be
reappointed to one or more subsequent terms.
Vacancies occurring other than at the end of a term shall be filled
by the appointing authority only for the balance of the
term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is filled.
(c) The appointing authorities shall appoint commissioners who
have experience holding governmental office or employment and may
appoint commissioners who are members of the General Assembly as well as
commissioners from the general public.
A commissioner who is a member of the General Assembly must recuse himself or
herself from participating in any matter relating to any investigation or
proceeding in which he or she is the subject.
A person is not eligible to
serve as a commissioner if that person (i) has been convicted of a
felony or a crime of dishonesty or moral turpitude, (ii) is, or was
within the preceding 12 months, engaged in activities that
require registration under the Lobbyist Registration Act, (iii) is a
relative of the appointing authority, or (iv) is a State officer or employee
other than a member of the General Assembly.
(d) The Legislative Ethics Commission shall have
jurisdiction over members of the General Assembly and
all State
employees whose 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 the
Commission is limited to matters arising under this Act.
(e) The Legislative Ethics Commission must meet, either
in person or by other technological means, monthly or as
often as necessary. At the first meeting of the Legislative
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem appropriate.
The terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings shall be held at
the call
of the chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5 commissioners, and
a quorum shall consist of 5 commissioners. Commissioners shall receive
no compensation but
may be
reimbursed for their reasonable expenses actually incurred in the
performance of their duties.
(f) No commissioner, other than a commissioner who is a member of the
General
Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office |
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except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;
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(3) be actively involved in the affairs of any
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political party or political organization; or
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(4) actively participate in any campaign for any
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(g) An appointing authority may remove a
commissioner only for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the 4 legislative leaders. The compensation of the Executive Director shall
be as determined by the Commission or by the Compensation Review
Board, whichever amount is higher. The Executive Director of the Legislative
Ethics Commission may employ, subject to the approval of at least 3 of the 4 legislative leaders, and determine the
compensation of staff, as appropriations permit.
(Source: P.A. 93‑617, eff. 12‑9‑03; 93‑685, eff. 7‑8‑04.)
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(5 ILCS 430/25‑10)
Sec. 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
own appropriation.
(b) The Legislative Inspector General shall be appointed without regard to
political
affiliation and solely on the basis of integrity and
demonstrated ability.
The Legislative Ethics
Commission shall diligently search out qualified candidates for Legislative
Inspector General
and shall make recommendations to the General Assembly.
The Legislative Inspector General shall be appointed by a joint resolution of
the
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
the Speaker
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,
respectively,
and be filed with the Secretary of State.
The appointment of the Legislative Inspector General takes effect on the day
the
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 |
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laws of this State, another state, or the United States;
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(2) has earned a baccalaureate degree from an
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institution of higher education; and
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(3) has 5 or more years of cumulative service (A)
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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).
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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.
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
Legislative
Inspector General whose office is vacant.
Terms shall run regardless of whether the position is filled.
(c) The Legislative Inspector General
shall have jurisdiction over the members of the General Assembly and
all State employees whose 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,
misfeasance,
malfeasance, or violations of this Act or violations of other related
laws and rules.
(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
each chamber.
Subject to Section 25‑45 of this Act, the Legislative Inspector General has
full
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
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
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except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;
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(3) be actively involved in the affairs of any
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political party or political organization; or
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(4) actively participate in any campaign for any
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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
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(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. 93‑617, eff. 12‑9‑03; 93‑685, eff. 7‑8‑04.)
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(5 ILCS 430/25‑15)
Sec. 25‑15. Duties of the Legislative Ethics Commission. In addition to
duties otherwise assigned by law, the Legislative Ethics Commission shall have
the following duties:
(1) To promulgate rules governing the performance of |
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its duties and the exercise of its powers and governing the investigations of the Legislative Inspector General.
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(2) To conduct administrative hearings and rule on
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matters brought before the Commission only upon the receipt of pleadings filed by the Legislative Inspector General and not upon its own prerogative, but may appoint special Legislative Inspectors General as provided in Section 25‑21. Any other allegations of misconduct received by the Commission from a person other than the Legislative Inspector General shall be referred to the Office of the Legislative Inspector General.
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(3) To prepare and publish manuals and guides and,
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working with the Office of the Attorney General, oversee training of employees under its jurisdiction that explains their duties.
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(4) To prepare public information materials to
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facilitate compliance, implementation, and enforcement of this Act.
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(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
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rulings, issue recommendations, and impose administrative fines, if appropriate, in connection with the implementation and interpretation of this Act. The powers and duties of the Commission are limited to matters clearly within the purview of this Act.
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(7) To issue subpoenas with respect to matters
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pending before the Commission, subject to the provisions of this Article and in the discretion of the Commission, to compel the attendance of witnesses for purposes of testimony and the production of documents and other items for inspection and copying.
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(8) To appoint special Legislative Inspectors General
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as provided in Section 25‑21.
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑20)
Sec. 25‑20. Duties of the Legislative Inspector
General. In addition to duties otherwise assigned by law,
the Legislative Inspector General shall have the following duties:
(1) To receive and investigate allegations of |
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violations of this Act. The Legislative Inspector General may receive information through the Office of the Legislative Inspector General or through an ethics commission. An investigation may be conducted only in response to information reported to the Legislative Inspector General as provided in this Section and not upon his or her own prerogative. Allegations may not be made anonymously. An investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred. To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred. The Legislative Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law.
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(2) To request information relating to an
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investigation from any person when the Legislative Inspector General deems that information necessary in conducting an investigation.
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(3) To issue subpoenas, with the advance approval of
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the Commission, to compel the attendance of witnesses for the purposes of testimony and production of documents and other items for inspection and copying and to make service of those subpoenas and subpoenas issued under item (7) of Section 25‑15.
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(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
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Inspector General with the Legislative Ethics Commission, through the Attorney General, as provided in this Article if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.
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(6) To assist and coordinate the ethics officers for
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State agencies under the jurisdiction of the Legislative Inspector General and to work with those ethics officers.
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(7) To participate in or conduct, when appropriate,
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multi‑jurisdictional investigations.
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(8) To request, as the Legislative Inspector General
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deems appropriate, from ethics officers of State agencies under his or her jurisdiction, reports or information on (i) the content of a State agency's ethics training program and (ii) the percentage of new officers and employees who have completed ethics training.
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑21)
Sec. 25‑21. Special Legislative Inspectors General.
(a) The Legislative Ethics Commission, on its own initiative and by majority
vote, may appoint special Legislative Inspectors General (i) to investigate
alleged
violations of this Act,
if an investigation by the Inspector General was not concluded within 6 months
after its initiation, where
the
Commission finds that the Inspector General's reasons under Section 25‑65 for
failing to complete the investigation are insufficient and (ii) to accept
referrals from the Commission of allegations made pursuant to this Act
concerning the Legislative Inspector General or an employee of the Office of
the Legislative Inspector General and to investigate those allegations.
(b) A special Legislative Inspector General must have the same
qualifications
as the Legislative Inspector General appointed under Section 25‑10.
(c) The Commission's appointment of a special Legislative Inspector General
must be in writing and must specify the duration and purpose of the
appointment.
(d) A special Legislative Inspector General shall have the same powers and
duties with respect to the purpose of his or her appointment as the Legislative
Inspector General appointed under Section 25‑10.
(e) A special Legislative
Inspector
General shall report the findings of his or her investigation to the
Commission.
(f) The Commission may report the findings of a special Legislative
Inspector
General and its recommendations, if any, to the General Assembly.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑23)
Sec. 25‑23. Ethics Officers.
The President and Minority Leader of the Senate
and
the Speaker and Minority Leader of the House of Representatives shall each
appoint an ethics officer for the members and employees of his or her
legislative
caucus.
No later than January 1, 2004, the head of each State agency under the
jurisdiction of the
Legislative Ethics Commission, other than the General Assembly, shall
designate an ethics
officer for the State agency.
Ethics Officers shall:
(1) act as liaisons between the State agency and the |
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Legislative Inspector General and between the State agency and the Legislative Ethics Commission;
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(2) review statements of economic interest and
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disclosure forms of officers, senior employees, and contract monitors before they are filed with the Secretary of State; and
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(3) provide guidance to officers and employees in the
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interpretation and implementation of this Act, which the officer or employee may in good faith rely upon. Such guidance shall be based, wherever possible, upon legal precedent in court decisions, opinions of the Attorney General, and the findings and opinions of the Legislative Ethics Commission.
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑35)
Sec. 25‑35. Administrative subpoena; compliance. A person duly
subpoenaed for testimony, documents, or other items who neglects or refuses to
testify or produce documents or other items under the requirements of the
subpoena shall be subject to punishment as
may be determined by a court of competent jurisdiction. Nothing in this Section
limits or alters a person's existing rights or protections under State or
federal law.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑45)
Sec. 25‑45. Standing; representation.
(a) Only the Legislative Inspector General may bring actions before the
Legislative Ethics Commission.
(b) The Attorney General shall represent the Legislative Inspector General
in
all proceedings before the
Commission.
Whenever the Attorney General is sick or
absent, or unable to attend, or is interested in any matter or
proceeding under this Act, upon the filing of a petition under seal by any
person with standing,
the Supreme Court (or any other court of competent jurisdiction as designated
and determined by rule of the Supreme Court) may appoint
some competent attorney to prosecute or defend that matter or proceeding, and
the attorney so appointed shall have the same
power and authority in relation to
that matter or proceeding as the
Attorney General would have had if present and
attending to the same.
(c) Attorneys representing an Inspector General in
proceedings before the Legislative Ethics Commission, except an attorney
appointed under subsection (b), shall be appointed or
retained by the Attorney General, shall
be under the supervision, direction, and control of the Attorney General, and
shall serve at the pleasure of the Attorney General. The compensation of any
attorneys appointed or retained in accordance
with this subsection or subsection (b) shall be paid by the Office of the
Legislative Inspector
General.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑50)
Sec. 25‑50. Investigation reports; complaint procedure.
(a) If the Legislative Inspector General, upon the conclusion of an
investigation, determines that reasonable cause exists to believe that a
violation
has occurred, then
the Legislative Inspector General shall issue a summary report of the
investigation. The report shall be delivered to the
appropriate ultimate jurisdictional
authority and to the head of each State
agency
affected by or involved in the investigation, if appropriate.
(b) The summary report of the investigation shall include the following:
(1) A description of any allegations or other |
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information received by the Legislative Inspector General pertinent to the investigation.
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(2) A description of any alleged misconduct
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discovered in the course of the investigation.
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(3) Recommendations for any corrective or
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disciplinary action to be taken in response to any alleged misconduct described in the report, including but not limited to discharge.
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(4) Other information the Legislative Inspector
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General deems relevant to the investigation or resulting recommendations.
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(c) Not less than 30 days after delivery of the summary report of
an
investigation under subsection (a),
if the Legislative Inspector General desires to file a petition for leave to
file a
complaint, the Legislative Inspector General shall notify the Commission and
the
Attorney General.
If the Attorney General determines
that reasonable cause exists to believe that a violation has occurred, then the
Legislative Inspector
General, represented by the Attorney
General, may file with the Legislative Ethics Commission a petition for
leave to file a complaint.
The petition shall set
forth the alleged violation and the
grounds that exist to support the petition. The petition for leave to
file a complaint must be filed with the Commission within 18 months
after the most recent act of the alleged violation or of a series of alleged
violations
except where there is reasonable cause to believe
that fraudulent concealment has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be an affirmative act or
representation calculated to prevent discovery of the fact that a violation has
occurred.
If a petition for leave to file a complaint is not filed with the Commission
within 6 months after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the Commission at
which the Attorney General shall appear and provide a status
report to the Commission.
(d) A copy of the petition must be served on all respondents named in the
complaint and on each respondent's ultimate jurisdictional authority in
the same manner as process is served under the Code of Civil
Procedure.
(e) A respondent may file objections to the petition for leave to
file a complaint within 30 days after notice of the petition has been
served on the respondent.
(f) The Commission shall meet, either in person or by telephone,
in a closed session to review the sufficiency of the complaint.
If the Commission finds that complaint is sufficient, the Commission shall
grant the petition for leave to file the
complaint.
The Commission shall
issue notice to the Legislative Inspector General and all respondents of
the Commission's ruling on the sufficiency of the complaint. If the complaint
is deemed to
sufficiently allege a violation of this Act, then the Commission shall notify
the parties and shall
include a hearing date scheduled within 4 weeks after the date of the notice,
unless all of the parties consent to a later date.
If the complaint is deemed not to sufficiently allege a
violation, then
the Commission shall send by certified mail, return receipt requested,
a notice to the parties of the decision to dismiss the complaint.
(g) On the scheduled date
the Commission shall conduct a closed meeting,
either in person or, if the parties consent, by telephone, on the complaint and
allow all
parties the opportunity to present testimony and evidence.
All such proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the Legislative
Ethics Commission, the Commission shall (i) dismiss the
complaint or (ii) issue a recommendation of discipline to the
respondent and the respondent's ultimate jurisdictional authority or
impose an administrative fine upon the respondent, or both.
(i) The proceedings on any complaint filed with the Commission
shall be conducted pursuant to rules promulgated by the Commission.
(j) The Commission may designate hearing officers
to conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard of
proof is by a preponderance of the evidence.
(l) When the Inspector General concludes that there is insufficient
evidence that a violation has occurred, the Inspector General shall close the
investigation. At the request of the subject of the investigation, the
Inspector
General shall provide a written statement to the subject of the investigation
and to the Commission of
the Inspector General's decision to close the investigation. Closure by the
Inspector General does not bar the Inspector General from resuming the
investigation if circumstances warrant.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑55)
Sec. 25‑55. Decisions; recommendations.
(a) All decisions of the Legislative 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
Legislative Inspector General. The Legislative Ethics
Commission shall promulgate rules for the decision and
recommendation process.
(b) If the Legislative 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 Legislative 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 Legislative
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 Legislative
Ethics Commission and
the Legislative Inspector General within the 30‑day period and is not
exempt from the provisions of the Freedom of Information Act.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑60)
Sec. 25‑60. Appeals. A decision of the Legislative
Ethics Commission to impose a fine is subject to judicial review
under the Administrative Review Law. All other decisions by the
Legislative Ethics Commission are final and not subject to
review either administratively or judicially.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑65)
Sec. 25‑65. Investigations not concluded within 6 months. If
any investigation is not concluded within 6 months after its initiation,
the Legislative Inspector General shall notify the Legislative
Ethics Commission and appropriate ultimate jurisdictional authority
of the general nature of the allegation or information giving rise to the
investigation and the reasons for failure to complete the investigation
within 6 months.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑70)
Sec. 25‑70. Cooperation in investigations. It is the duty of
every officer and employee under the jurisdiction of the Legislative
Inspector General, including any inspector general serving in any
State agency under the jurisdiction of the Legislative Inspector
General, to cooperate with the Legislative Inspector General in any
investigation undertaken pursuant to this Act. Failure to cooperate
with an investigation of the Legislative Inspector General is grounds
for disciplinary action, including dismissal. Nothing in this Section limits or
alters a person's existing rights or privileges under State or federal law.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑80)
Sec. 25‑80. Referrals of investigations. If the Legislative
Inspector General determines that any alleged misconduct involves
any person not subject to the jurisdiction of the Legislative
Ethics Commission, the Legislative Inspector General shall refer the
reported allegations to the appropriate ethics commission or other
appropriate body. If the Legislative Inspector General determines that
any alleged misconduct may give rise to criminal penalties, the
Legislative Inspector General may refer the allegations regarding that
misconduct to the appropriate law enforcement authority.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑85)
Sec. 25‑85. Quarterly reports by the Legislative Inspector General.
The Legislative Inspector General shall submit quarterly
reports to the General Assembly and the
Legislative Ethics Commission, on dates determined by the
Legislative Ethics Commission, indicating:
(1) the number of allegations received since the date |
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(2) the number of investigations initiated since the
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(3) the number of investigations concluded since the
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(4) the number of investigations pending as of the
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(5) the number of complaints forwarded to the
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Attorney General since the date of the last report; and
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(6) the number of actions filed with the Legislative
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Ethics Commission since the date of the last report and the number of actions pending before the Legislative Ethics Commission as of the reporting date.
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑86)
Sec. 25‑86. Quarterly reports by the Attorney General. The Attorney
General shall submit
quarterly reports to the Legislative Ethics Commission, on dates determined by
the Legislative Ethics Commission, indicating:
(1) the number of complaints received from the |
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Legislative Inspector General since the date of the last report;
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(2) the number of complaints for which the Attorney
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General has determined reasonable cause exists to believe that a violation has occurred since the date of the last report; and
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(3) the number of complaints still under review by
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(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(5 ILCS 430/25‑90)
Sec. 25‑90. Confidentiality.
(a) The identity of any individual providing information or reporting any
possible or alleged
misconduct to the Legislative Inspector General or the Legislative Ethics
Commission
shall be kept confidential and may not be disclosed
without the consent of that individual, unless the individual consents to
disclosure of his or her name or disclosure of the individual's identity is
otherwise required by law. The confidentiality granted by this subsection does
not preclude the disclosure of the identity of a person in any capacity other
than as the source of an allegation.
(b) Subject to the provisions of Section 25‑50(c), commissioners, employees,
and agents of the Legislative Ethics
Commission, the Legislative Inspector General, and employees and agents of the
Office of the Legislative Inspector General shall keep confidential and shall
not disclose information exempted from disclosure under the
Freedom of Information Act or by this Act.
(Source: P.A. 93‑617, eff. 12‑9‑03.)
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(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) 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 under
Sections 25‑5
and 25‑15 of this Act 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, 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, or (iii) to the
Legislative Ethics Commission.
(Source: P.A. 93‑617, eff. 12‑9‑03; 93‑685, eff. 7‑8‑04.)
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