102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3030

 

Introduced 1/5/2022, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/25-5
5 ILCS 430/25-15
5 ILCS 430/25-20
5 ILCS 430/25-50
5 ILCS 430/25-52

    Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities shall (rather than may) appoint both members of the General Assembly and members of the general public to the Legislative Ethics Commission. Provides open meetings requirements for the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena. Provides that any existing rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena is void. Provides that the Legislative Inspector General may issue subpoenas 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 without the advance approval of the Legislative Ethics Commission. Provides that a complaint with the Legislative Ethics Commission must be filed within 12 months after the Legislative Inspector General's initiation of an investigation (currently, 12 months after receipt of the allegation of the violation or 18 months after the most recent act of the alleged violation or series of violations). Provides that the Legislative Ethics Commission shall make available to the public any summary report in which a subject of the report is a current or former member of the General Assembly, and the Legislative Inspector General found that reasonable cause exists to believe that a violation has occurred. Requires that publicly available summary reports be posted on the websites of the Legislative Ethics Commission and the Legislative Inspector General.


LRB102 23198 RJF 32360 b

 

 

A BILL FOR

 

SB3030LRB102 23198 RJF 32360 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-5, 25-15, 25-20, 25-50, and
625-52 as follows:
 
7    (5 ILCS 430/25-5)
8    Sec. 25-5. Legislative Ethics Commission.
9    (a) The Legislative Ethics Commission is created.
10    (b) The Legislative Ethics Commission shall consist of 8
11commissioners appointed 2 each by the President and Minority
12Leader of the Senate and the Speaker and Minority Leader of the
13House of Representatives.
14    The terms of the initial commissioners shall commence upon
15qualification. Each appointing authority shall designate one
16appointee who shall serve for a 2-year term running through
17June 30, 2005. Each appointing authority shall designate one
18appointee who shall serve for a 4-year term running through
19June 30, 2007. The initial appointments shall be made within
2060 days after the effective date of this Act.
21    After the initial terms, commissioners shall serve for
224-year terms commencing on July 1 of the year of appointment
23and running through June 30 of the fourth following year.

 

 

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1Commissioners may be reappointed to one or more subsequent
2terms.
3    A vacancy shall occur upon a commissioner's death,
4resignation, removal, disqualification, termination of
5legislative service in the house or caucus of the appointing
6authority, or other inability to act. Vacancies occurring
7other than at the end of a term shall be filled by the
8appointing authority only for the balance of the term of the
9commissioner whose office is vacant.
10    Terms shall run regardless of whether the position is
11filled.
12    (c) The appointing authorities shall appoint commissioners
13who have experience holding governmental office or employment
14and shall may appoint commissioners who are members of the
15General Assembly as well as commissioners from the general
16public. A commissioner who is a member of the General Assembly
17must recuse himself or herself from participating in any
18matter relating to any investigation or proceeding in which he
19or she is the subject or is a complainant. A person is not
20eligible to serve as a commissioner if that person (i) has been
21convicted of a felony or a crime of dishonesty or moral
22turpitude, (ii) is, or was within the preceding 12 months,
23engaged in activities that require registration under the
24Lobbyist Registration Act, (iii) is a relative of the
25appointing authority, (iv) is a State officer or employee
26other than a member of the General Assembly, or (v) is a

 

 

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1candidate for statewide, federal, or judicial office.
2    (c-5) If a commissioner is required to recuse himself or
3herself from participating in a matter as provided in
4subsection (c), the recusal shall create a temporary vacancy
5for the limited purpose of consideration of the matter for
6which the commissioner recused himself or herself, and the
7appointing authority for the recusing commissioner shall make
8a temporary appointment to fill the vacancy for consideration
9of the matter for which the commissioner recused himself or
10herself.
11    (d) The Legislative Ethics Commission shall have
12jurisdiction over current and former members of the General
13Assembly regarding events occurring during a member's term of
14office and current and former State employees regarding events
15occurring during any period of employment where the State
16employee's ultimate jurisdictional authority is (i) a
17legislative leader, (ii) the Senate Operations Commission, or
18(iii) the Joint Committee on Legislative Support Services. The
19Legislative Ethics Commission shall have jurisdiction over
20complainants and respondents in violation of subsection (d) of
21Section 25-90. The jurisdiction of the Commission is limited
22to matters arising under this Act.
23    An officer or executive branch State employee serving on a
24legislative branch board or commission remains subject to the
25jurisdiction of the Executive Ethics Commission and is not
26subject to the jurisdiction of the Legislative Ethics

 

 

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1Commission.
2    (e) The Legislative Ethics Commission must meet, either in
3person or by other technological means, monthly or as often as
4necessary. At the first meeting of the Legislative Ethics
5Commission, the commissioners shall choose from their number a
6chairperson and other officers that they deem appropriate. The
7terms of officers shall be for 2 years commencing July 1 and
8running through June 30 of the second following year. Meetings
9shall be held at the call of the chairperson or any 3
10commissioners. Official action by the Commission shall require
11the affirmative vote of 5 commissioners, and a quorum shall
12consist of 5 commissioners. Commissioners shall receive no
13compensation but may be reimbursed for their reasonable
14expenses actually incurred in the performance of their duties.
15    (e-5) Except as otherwise provided in this subsection
16(e-5), all meetings and hearings of the Commission shall be
17open to the public. The Commission may hold administrative
18hearings that are closed to the public, but all votes in a
19closed administrative hearing must be made public and listed
20by case number. The Commission shall make available to the
21public a schedule of all dates and times of Commission
22meetings on the Illinois General Assembly website. The
23Commission shall also make available to the public on the
24Illinois General Assembly website a record of all minutes of
25meetings held by the Commission and any votes taken therein.
26The Commission may redact any confidential information that

 

 

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1may be disclosed under the requirements of this subsection
2(e-5), but must note of the fact that confidential information
3was withheld from disclosure. The Commission shall adopt rules
4to implement this subsection (e-5).
5    (f) No commissioner, other than a commissioner who is a
6member of the General Assembly, or employee of the Legislative
7Ethics Commission may during his or her term of appointment or
8employment:
9        (1) become a candidate for any elective office;
10        (2) hold any other elected or appointed public office
11    except for appointments on governmental advisory boards or
12    study commissions or as otherwise expressly authorized by
13    law;
14        (3) be actively involved in the affairs of any
15    political party or political organization; or
16        (4) advocate for the appointment of another person to
17    an appointed or elected office or position or actively
18    participate in any campaign for any elective office.
19    (f-5) No commissioner who is a member of the General
20Assembly may be a candidate for statewide, federal, or
21judicial office. If a commissioner who is a member of the
22General Assembly files petitions to be a candidate for a
23statewide, federal, or judicial office, he or she shall be
24deemed to have resigned from his or her position as a
25commissioner on the date his or her name is certified for the
26ballot by the State Board of Elections or local election

 

 

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1authority and his or her position as a commissioner shall be
2deemed vacant. Such person may not be reappointed to the
3Commission during any time he or she is a candidate for
4statewide, federal, or judicial office.
5    (g) An appointing authority may remove a commissioner only
6for cause.
7    (h) The Legislative Ethics Commission shall appoint an
8Executive Director subject to the approval of at least 3 of the
94 legislative leaders. The compensation of the Executive
10Director shall be as determined by the Commission. The
11Executive Director of the Legislative Ethics Commission may
12employ, subject to the approval of at least 3 of the 4
13legislative leaders, and determine the compensation of staff,
14as appropriations permit.
15    (i) In consultation with the Legislative Inspector
16General, the Legislative Ethics Commission may develop
17comprehensive training for members and employees under its
18jurisdiction that includes, but is not limited to, sexual
19harassment, employment discrimination, and workplace civility.
20The training may be recommended to the ultimate jurisdictional
21authorities and may be approved by the Commission to satisfy
22the sexual harassment training required under Section 5-10.5
23or be provided in addition to the annual sexual harassment
24training required under Section 5-10.5. The Commission may
25seek input from governmental agencies or private entities for
26guidance in developing such training.

 

 

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1(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
2101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
 
3    (5 ILCS 430/25-15)
4    Sec. 25-15. Duties of the Legislative Ethics Commission.
5In addition to duties otherwise assigned by law, the
6Legislative Ethics Commission shall have the following duties:
7        (1) To promulgate rules governing the performance of
8    its duties and the exercise of its powers and governing
9    the investigations of the Legislative Inspector General;
10    except that, the Legislative Ethics Commission shall adopt
11    no rule requiring the Legislative Inspector General to
12    seek the Commission's advance approval before commencing
13    any investigation authorized under this Article or issuing
14    a subpoena under this Article. Any existing rule, as of
15    the effective date of this amendatory Act of the 102nd
16    General Assembly, requiring the Legislative Inspector
17    General to seek the Commission's advance approval before
18    commencing any investigation or issuing a subpoena is
19    void. The rules shall be available on the Commission's
20    website and any proposed changes to the rules must be made
21    available to the public on the Commission's website no
22    less than 7 days before the adoption of the changes. Any
23    person shall be given an opportunity to provide written or
24    oral testimony before the Commission in support of or
25    opposition to proposed rules.

 

 

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1        (2) To conduct administrative hearings and rule on
2    matters brought before the Commission only upon the
3    receipt of pleadings filed by the Legislative Inspector
4    General and not upon its own prerogative, but may appoint
5    special Legislative Inspectors General as provided in
6    Section 25-21. Any other allegations of misconduct
7    received by the Commission from a person other than the
8    Legislative Inspector General shall be referred to the
9    Office of the Legislative Inspector General.
10        (3) To prepare and publish manuals and guides and,
11    working with the Office of the Attorney General, oversee
12    training of employees under its jurisdiction that explains
13    their duties.
14        (4) To prepare public information materials to
15    facilitate compliance, implementation, and enforcement of
16    this Act.
17        (5) To submit reports as required by this Act.
18        (6) To the extent authorized by this Act, to make
19    rulings, issue recommendations, and impose administrative
20    fines, if appropriate, in connection with the
21    implementation and interpretation of this Act. The powers
22    and duties of the Commission are limited to matters
23    clearly within the purview of this Act.
24        (7) To issue subpoenas with respect to matters pending
25    before the Commission, subject to the provisions of this
26    Article and in the discretion of the Commission, to compel

 

 

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1    the attendance of witnesses for purposes of testimony and
2    the production of documents and other items for inspection
3    and copying.
4        (8) To appoint special Legislative Inspectors General
5    as provided in Section 25-21.
6        (9) To conspicuously display on the Commission's
7    website the procedures for reporting a violation of this
8    Act, including how to report violations via email or
9    online.
10        (10) To conspicuously display on the Commission's
11    website any vacancies within the Office of the Legislative
12    Inspector General.
13        (11) To appoint an Acting Legislative Inspector
14    General in the event of a vacancy in the Office of the
15    Legislative Inspector General.
16(Source: P.A. 102-664, eff. 1-1-22.)
 
17    (5 ILCS 430/25-20)
18    Sec. 25-20. Duties of the Legislative Inspector General.
19In addition to duties otherwise assigned by law, the
20Legislative Inspector General shall have the following duties:
21        (1) To receive and investigate, without advance
22    approval of the Legislative Ethics Commission, allegations
23    of violations of this Act and other wrongful acts within
24    his or her jurisdiction based on a complaint. Except as
25    otherwise provided in paragraph (1.5), an investigation

 

 

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1    may not be initiated more than one year after the alleged
2    wrongful act or the most recent act of a series of alleged
3    wrongful acts based on the same wrongful conduct except if
4    there is reasonable cause to believe that fraudulent
5    concealment has occurred. To constitute fraudulent
6    concealment sufficient to toll this limitations period,
7    there must be an affirmative act or representation
8    calculated to prevent discovery of the fact that a
9    violation or other wrongful act has occurred. The
10    Legislative Inspector General shall have the discretion to
11    determine the appropriate means of investigation as
12    permitted by law.
13        (1.5) Notwithstanding any provision of law to the
14    contrary, the Legislative Inspector General, whether
15    appointed by the Legislative Ethics Commission or the
16    General Assembly, may initiate an investigation based on
17    information provided to the Office of the Legislative
18    Inspector General or the Legislative Ethics Commission
19    during the period from December 1, 2014 through November
20    3, 2017. Any investigation initiated under this paragraph
21    (1.5) must be initiated within one year after the
22    effective date of this amendatory Act of the 100th General
23    Assembly.
24        Notwithstanding any provision of law to the contrary,
25    the Legislative Inspector General, through the Attorney
26    General, shall have the authority to file a complaint

 

 

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1    related to any founded violations that occurred during the
2    period December 1, 2014 through November 3, 2017 to the
3    Legislative Ethics Commission, and the Commission shall
4    have jurisdiction to conduct administrative hearings
5    related to any pleadings filed by the Legislative
6    Inspector General, provided the complaint is filed with
7    the Commission no later than 6 months after the summary
8    report is provided to the Attorney General in accordance
9    with subsection (c) of Section 25-50.
10        (2) To request information relating to an
11    investigation from any person when the Legislative
12    Inspector General deems that information necessary in
13    conducting an investigation.
14        (3) To issue subpoenas, with the advance approval of
15    the Commission, to compel the attendance of witnesses for
16    the purposes of testimony and production of documents and
17    other items for inspection and copying and to make service
18    of those subpoenas and subpoenas issued under item (7) of
19    Section 25-15.
20        (4) To submit reports as required by this Act.
21        (5) To file pleadings in the name of the Legislative
22    Inspector General with the Legislative Ethics Commission,
23    through the Attorney General, as provided in this Article
24    if the Attorney General finds that reasonable cause exists
25    to believe that a violation has occurred.
26        (6) To assist and coordinate the ethics officers for

 

 

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1    State agencies under the jurisdiction of the Legislative
2    Inspector General and to work with those ethics officers.
3        (7) To participate in or conduct, when appropriate,
4    multi-jurisdictional investigations.
5        (8) To request, as the Legislative Inspector General
6    deems appropriate, from ethics officers of State agencies
7    under his or her jurisdiction, reports or information on
8    (i) the content of a State agency's ethics training
9    program and (ii) the percentage of new officers and
10    employees who have completed ethics training.
11        (9) To establish a policy that ensures the appropriate
12    handling and correct recording of all investigations of
13    allegations and to ensure that the policy is accessible
14    via the Internet in order that those seeking to report
15    those allegations are familiar with the process and that
16    the subjects of those allegations are treated fairly.
17        (10) To post information to the Legislative Inspector
18    General's website explaining to complainants and subjects
19    of an investigation the legal limitations on the
20    Legislative Inspector General's ability to provide
21    information to them and a general overview of the
22    investigation process.
23(Source: P.A. 102-664, eff. 1-1-22.)
 
24    (5 ILCS 430/25-50)
25    Sec. 25-50. Investigation reports.

 

 

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1    (a) If the Legislative Inspector General, upon the
2conclusion of an investigation, determines that reasonable
3cause exists to believe that a violation has occurred, then
4the Legislative Inspector General shall issue a summary report
5of the investigation. The report shall be delivered to the
6appropriate ultimate jurisdictional authority, to the head of
7each State agency affected by or involved in the
8investigation, if appropriate, and the member, if any, that is
9the subject of the report. The appropriate ultimate
10jurisdictional authority or agency head and the member, if
11any, that is the subject of the report shall respond to the
12summary report within 20 days, in writing, to the Legislative
13Inspector General. If the ultimate jurisdictional authority is
14the subject of the report, he or she may only respond to the
15summary report in his or her capacity as the subject of the
16report and shall not respond in his or her capacity as the
17ultimate jurisdictional authority. The response shall include
18a description of any corrective or disciplinary action to be
19imposed. If the appropriate ultimate jurisdictional authority
20or the member that is the subject of the report does not
21respond within 20 days, or within an extended time as agreed to
22by the Legislative Inspector General, the Legislative
23Inspector General may proceed under subsection (c) as if a
24response had been received. A member receiving and responding
25to a report under this Section shall be deemed to be acting in
26his or her official capacity.

 

 

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1    (b) The summary report of the investigation shall include
2the following:
3        (1) A description of any allegations or other
4    information received by the Legislative Inspector General
5    pertinent to the investigation.
6        (2) A description of any alleged misconduct discovered
7    in the course of the investigation.
8        (3) Recommendations for any corrective or disciplinary
9    action to be taken in response to any alleged misconduct
10    described in the report, including, but not limited to,
11    discharge.
12        (4) Other information the Legislative Inspector
13    General deems relevant to the investigation or resulting
14    recommendations.
15    (c) Within 30 days after receiving a response from the
16appropriate ultimate jurisdictional authority or agency head
17under subsection (a), the Legislative Inspector General shall
18notify the Commission and the Attorney General if the
19Legislative Inspector General believes that a complaint should
20be filed with the Commission. If the Legislative Inspector
21General desires to file a complaint with the Commission, the
22Legislative Inspector General shall submit the summary report
23and supporting documents to the Attorney General. If the
24Attorney General concludes that there is insufficient evidence
25that a violation has occurred, the Attorney General shall
26notify the Legislative Inspector General and the Legislative

 

 

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1Inspector General shall deliver to the Legislative Ethics
2Commission a copy of the summary report and response from the
3ultimate jurisdictional authority or agency head. If the
4Attorney General determines that reasonable cause exists to
5believe that a violation has occurred, then the Legislative
6Inspector General, represented by the Attorney General, may
7file with the Legislative Ethics Commission a complaint. The
8complaint shall set forth the alleged violation and the
9grounds that exist to support the complaint. Except as
10provided under subsection (1.5) of Section 20, the complaint
11must be filed with the Commission within 12 months after the
12Legislative Inspector General's initiation of an investigation
13receipt of the allegation of the violation or within 18 months
14after the most recent act of the alleged violation or of a
15series of alleged violations, whichever is later, except where
16there is reasonable cause to believe that fraudulent
17concealment has occurred. To constitute fraudulent concealment
18sufficient to toll this limitations period, there must be an
19affirmative act or representation calculated to prevent
20discovery of the fact that a violation has occurred. If a
21complaint is not filed with the Commission within 6 months
22after notice by the Inspector General to the Commission and
23the Attorney General, then the Commission may set a meeting of
24the Commission at which the Attorney General shall appear and
25provide a status report to the Commission.
26    (c-5) Within 30 days after receiving a response from the

 

 

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1appropriate ultimate jurisdictional authority or agency head
2under subsection (a), if the Legislative Inspector General
3does not believe that a complaint should be filed, the
4Legislative Inspector General shall deliver to the Legislative
5Ethics Commission a statement setting forth the basis for the
6decision not to file a complaint and a copy of the summary
7report and response from the ultimate jurisdictional authority
8or agency head. The Inspector General may also submit a
9redacted version of the summary report and response from the
10ultimate jurisdictional authority if the Inspector General
11believes either contains information that, in the opinion of
12the Inspector General, should be redacted prior to releasing
13the report, may interfere with an ongoing investigation, or
14identifies an informant or complainant.
15    (c-10) If, after reviewing the documents, the Commission
16believes that further investigation is warranted, the
17Commission may request that the Legislative Inspector General
18provide additional information or conduct further
19investigation. The Commission may also refer the summary
20report and response from the ultimate jurisdictional authority
21to the Attorney General for further investigation or review.
22If the Commission requests the Attorney General to investigate
23or review, the Commission must notify the Attorney General and
24the Legislative Inspector General. The Attorney General may
25not begin an investigation or review until receipt of notice
26from the Commission. If, after review, the Attorney General

 

 

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1determines that reasonable cause exists to believe that a
2violation has occurred, then the Attorney General may file a
3complaint with the Legislative Ethics Commission. If the
4Attorney General concludes that there is insufficient evidence
5that a violation has occurred, the Attorney General shall
6notify the Legislative Ethics Commission and the appropriate
7Legislative Inspector General.
8    (d) A copy of the complaint filed with the Legislative
9Ethics Commission must be served on all respondents named in
10the complaint and on each respondent's ultimate jurisdictional
11authority in the same manner as process is served under the
12Code of Civil Procedure.
13    (e) A respondent may file objections to the complaint
14within 30 days after notice of the petition has been served on
15the respondent.
16    (f) The Commission shall meet, at least 30 days after the
17complaint is served on all respondents either in person or by
18telephone, in a closed session to review the sufficiency of
19the complaint. The Commission shall issue notice by certified
20mail, return receipt requested, to the Legislative Inspector
21General, the Attorney General, and all respondents of the
22Commission's ruling on the sufficiency of the complaint. If
23the complaint is deemed to sufficiently allege a violation of
24this Act, then the Commission shall include a hearing date
25scheduled within 4 weeks after the date of the notice, unless
26all of the parties consent to a later date. If the complaint is

 

 

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1deemed not to sufficiently allege a violation, then the
2Commission shall send by certified mail, return receipt
3requested, a notice to the Legislative Inspector General, the
4Attorney General, and all respondents the decision to dismiss
5the complaint.
6    (g) On the scheduled date the Commission shall conduct a
7closed meeting, either in person or, if the parties consent,
8by telephone, on the complaint and allow all parties the
9opportunity to present testimony and evidence. All such
10proceedings shall be transcribed.
11    (h) Within an appropriate time limit set by rules of the
12Legislative Ethics Commission, the Commission shall (i)
13dismiss the complaint, (ii) issue a recommendation of
14discipline to the respondent and the respondent's ultimate
15jurisdictional authority, (iii) impose an administrative fine
16upon the respondent, (iv) issue injunctive relief as described
17in Section 50-10, or (v) impose a combination of items (ii)
18through (iv).
19    (i) The proceedings on any complaint filed with the
20Commission shall be conducted pursuant to rules promulgated by
21the Commission.
22    (j) The Commission may designate hearing officers to
23conduct proceedings as determined by rule of the Commission.
24    (k) In all proceedings before the Commission, the standard
25of proof is by a preponderance of the evidence.
26    (l) Within 30 days after the issuance of a final

 

 

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1administrative decision that concludes that a violation
2occurred, the Legislative Ethics Commission shall make public
3the entire record of proceedings before the Commission, the
4decision, any recommendation, any discipline imposed, and the
5response from the agency head or ultimate jurisdictional
6authority to the Legislative Ethics Commission.
7(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
8101-617, eff. 12-20-19.)
 
9    (5 ILCS 430/25-52)
10    Sec. 25-52. Release of summary reports.
11    (a) Within 60 days after receipt of a summary report and
12response from the ultimate jurisdictional authority or agency
13head that resulted in a suspension of at least 3 days or
14termination of employment, the Legislative Ethics Commission
15shall make available to the public the report and response or a
16redacted version of the report and response. The Legislative
17Ethics Commission shall also make available to the public any
18summary report in which a subject of the report is a current or
19former member of the General Assembly, and the Legislative
20Inspector General found that reasonable cause exists to
21believe that a violation has occurred. The Legislative Ethics
22Commission may make available to the public any other summary
23report and response of the ultimate jurisdictional authority
24or agency head or a redacted version of the report and
25response. Publicly available summary reports shall be posted

 

 

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1on the websites of the Legislative Ethics Commission and the
2Legislative Inspector General.
3    (b) The Legislative Ethics Commission shall redact
4information in the summary report that may reveal the identity
5of witnesses, complainants, or informants or if the Commission
6determines it is appropriate to protect the identity of a
7person before publication. The Commission may also redact any
8information it believes should not be made public. Prior to
9publication, the Commission shall permit the respondents,
10Legislative Inspector General, and Attorney General to review
11documents to be made public and offer suggestions for
12redaction or provide a response that shall be made public with
13the summary report.
14    (c) The Legislative Ethics Commission may withhold
15publication of the report or response if the Legislative
16Inspector General or Attorney General certifies that
17publication will interfere with an ongoing investigation.
18(Source: P.A. 96-555, eff. 8-18-09.)