Illinois Compiled Statutes
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5 ILCS 430/25-5
(5 ILCS 430/25-5)
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 or is a complainant.
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, (iv) is a State officer or employee
other than a member of the General Assembly, or (v) is a candidate for statewide office, federal office, or judicial office.
(c-5) If a commissioner is required to recuse himself or herself from participating in a matter as provided in subsection (c), the recusal shall create a temporary vacancy for the limited purpose of consideration of the matter for which the commissioner recused himself or herself, and the appointing authority for the recusing commissioner shall make a temporary appointment to fill the vacancy for consideration of the matter for which the commissioner recused himself or herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over 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 Legislative Ethics Commission shall have jurisdiction over complainants in violation of subsection (e) of Section 25-63. The jurisdiction of the
Commission is limited to matters arising under this Act.
An officer or executive branch State employee serving on a legislative branch board or commission remains subject to the jurisdiction of the Executive Ethics Commission and is not subject to the jurisdiction of the Legislative Ethics Commission.
(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
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
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
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
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) advocate for the appointment of another person to
an appointed or elected office or position or actively participate in any campaign for any elective office.
(f-5) No commissioner who is a member of the General Assembly may be a candidate for statewide office, federal office, or judicial office. If a commissioner who is a member of the General Assembly files petitions to be a candidate for a statewide office, federal office, or judicial office, he or she shall be deemed to have resigned from his or her position as a commissioner on the date his or her name is certified for the ballot by the State Board of Elections or local election authority and his or her position as a commissioner shall be deemed vacant. Such person may not be reappointed to the Commission during any time he or she is a candidate for statewide office, federal office, or judicial office.
(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. 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.
(i) In consultation with the Legislative Inspector General, the Legislative Ethics Commission may develop comprehensive training for members and employees under its jurisdiction that includes, but is not limited to, sexual harassment, employment discrimination, and workplace civility. The training may be recommended to the ultimate jurisdictional authorities and may be approved by the Commission to satisfy the sexual harassment training required under Section 5-10.5 or be provided in addition to the annual sexual harassment training required under Section 5-10.5. The Commission may seek input from governmental agencies or private entities for guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)