093_SB0706enr

 
SB706 Enrolled                       LRB093 03131 JAM 03148 b

 1        AN ACT in relation to governmental ethics.

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

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

 6        (15 ILCS 305/14 new)
 7        Sec. 14.  Inspector General.
 8        (a)  The Secretary of State must,  with  the  advice  and
 9    consent  of  the Senate, appoint an Inspector General for the
10    purpose of detection, deterrence, and  prevention  of  fraud,
11    corruption, mismanagement, gross or aggravated misconduct, or
12    misconduct  that  may  be criminal in nature in the Office of
13    the Secretary of State. The Inspector General shall  serve  a
14    5-year term.  If no successor is appointed and qualified upon
15    the expiration of the Inspector General's term, the Office of
16    Inspector  General is deemed vacant and the powers and duties
17    under this Section may be exercised only by an appointed  and
18    qualified   interim   Inspector  General  until  a  successor
19    Inspector General is appointed and qualified.  If the General
20    Assembly is not in session when a vacancy in  the  Office  of
21    Inspector  General occurs, the Secretary of State may appoint
22    an interim Inspector General whose term shall expire 2  weeks
23    after the next regularly scheduled session day of the Senate.
24        (b)  The  Inspector  General  shall  have  the  following
25    qualifications:
26             (1)  has not been convicted  of any felony under the
27        laws of this State, another State, or the United States;
28             (2)  has  earned  a  baccalaureate  degree  from  an
29        institution of higher education; and
30             (3)  has  either (A) 5 or more years of service with
31        a federal, State, or local  law  enforcement  agency,  at
 
SB706 Enrolled             -2-       LRB093 03131 JAM 03148 b
 1        least  2  years  of  which  have  been  in  a progressive
 2        investigatory capacity; (B) 5 or more years of service as
 3        a federal, State, or local prosecutor; or (C) 5  or  more
 4        years  of  service  as a senior manager or executive of a
 5        federal, State, or local agency.
 6        (c)  The Inspector General may  review,  coordinate,  and
 7    recommend methods and procedures to increase the integrity of
 8    the  Office  of  the  Secretary  of State.  The duties of the
 9    Inspector General  shall  supplement  and  not  supplant  the
10    duties  of  the  Chief  Auditor  for the Secretary of State's
11    Office or any other Inspector General that may be  authorized
12    by  law.    The Inspector General must report directly to the
13    Secretary of State.
14        (d)  In addition to the authority otherwise  provided  by
15    this  Section,  but only when investigating the Office of the
16    Secretary of State,  its  employees,  or  their  actions  for
17    fraud,   corruption,   mismanagement,   gross  or  aggravated
18    misconduct, or misconduct that may be criminal in nature, the
19    Inspector General is authorized:
20             (1)  To have access to all records, reports, audits,
21        reviews, documents,  papers,  recommendations,  or  other
22        materials   available   that   relate   to  programs  and
23        operations with respect to which  the  Inspector  General
24        has responsibilities under this Section.
25             (2)  To make any investigations and reports relating
26        to  the  administration of the programs and operations of
27        the Office of the Secretary of State  that  are,  in  the
28        judgement   of   the   Inspector  General,  necessary  or
29        desirable.
30             (3)  To request any information or  assistance  that
31        may   be  necessary  for  carrying  out  the  duties  and
32        responsibilities provided by this Section from any local,
33        State, or federal governmental agency or unit thereof.
34             (4)  To  require  by  subpoena  the  appearance   of
 
SB706 Enrolled             -3-       LRB093 03131 JAM 03148 b
 1        witnesses   and   the   production  of  all  information,
 2        documents, reports, answers, records,  accounts,  papers,
 3        and  other data and documentary evidence necessary in the
 4        performance of the functions assigned  by  this  Section,
 5        with  the  exception  of  subsection  (c)  and  with  the
 6        exception  of  records of a labor organization authorized
 7        and recognized under the Illinois Public Labor  Relations
 8        Act  to  be  the  exclusive  bargaining representative of
 9        employees of the Secretary of State, including,  but  not
10        limited  to,  records  of representation of employees and
11        the negotiation of collective  bargaining  agreements.  A
12        subpoena  may be  issued under this paragraph (4) only by
13        the Inspector General and not by members of the Inspector
14        General's staff. A person duly subpoenaed for  testimony,
15        documents,  or  other  items  who  neglects or refuses to
16        testify or produce documents or  other  items  under  the
17        requirements   of   the  subpoena  shall  be  subject  to
18        punishment as may be determined by a court  of  competent
19        jurisdiction,  unless  (i)  the  testimony, documents, or
20        other items are covered by the attorney-client  privilege
21        or any other privilege or right recognized by law or (ii)
22        the  testimony,  documents,  or  other  items concern the
23        representation  of  employees  and  the  negotiation   of
24        collective  bargaining agreements by a labor organization
25        authorized and recognized under the Illinois Public Labor
26        Relations   Act   to   be   the   exclusive    bargaining
27        representative  of  employees  of the Secretary of State.
28        Nothing in  this  Section  limits  a  person's  right  to
29        protection  against  self-incrimination  under  the Fifth
30        Amendment of the United States Constitution or Article I,
31        Section 10, of the Constitution of the State of Illinois.
32             (5)  To  have  direct  and  prompt  access  to   the
33        Secretary  of  State  for  any  purpose pertaining to the
34        performance of functions and responsibilities under  this
 
SB706 Enrolled             -4-       LRB093 03131 JAM 03148 b
 1        Section.
 2        (e)  The  Inspector  General  may receive and investigate
 3    complaints or information from an employee of  the  Secretary
 4    of  State  concerning  the  possible existence of an activity
 5    constituting a  violation  of  law,  rules,  or  regulations;
 6    mismanagement;   abuse   of  authority;  or  substantial  and
 7    specific  danger  to  the  public  health  and  safety.   Any
 8    employee who knowingly files a false  complaint  or  files  a
 9    complaint  with  reckless  disregard  for  the  truth  or the
10    falsity of the facts underlying the complaint may be  subject
11    to  discipline as set forth in the rules of the Department of
12    Personnel of the Secretary of State.
13        The  Inspector  General  may  not,  after  receipt  of  a
14    complaint or  information  from  an  employee,  disclose  the
15    identity of the employee without the consent of the employee,
16    unless  the  Inspector  General determines that disclosure of
17    the identity is reasonable and necessary for the  furtherance
18    of the investigation.
19        Any  employee  who  has  the  authority  to  recommend or
20    approve any personnel action or to direct others to recommend
21    or approve any personnel action may not, with respect to that
22    authority, take or threaten to take any  action  against  any
23    employee  as  a reprisal for making a complaint or disclosing
24    information to the Inspector General,  unless  the  complaint
25    was made or the information disclosed with the knowledge that
26    it  was  false  or  with  willful  disregard for its truth or
27    falsity.
28        (f)  The  Inspector  General   must   adopt   rules,   in
29    accordance with the provisions of the Illinois Administrative
30    Procedure   Act,   establishing   minimum   requirements  for
31    initiating, conducting, and completing  investigations.   The
32    rules must establish criteria for determining, based upon the
33    nature   of   the   allegation,  the  appropriate  method  of
34    investigation, which may include, but is not limited to, site
 
SB706 Enrolled             -5-       LRB093 03131 JAM 03148 b
 1    visits, telephone contacts, personal interviews, or  requests
 2    for  written  responses.  The rules must also clarify how the
 3    Office of the Inspector General  shall  interact  with  other
 4    local, State, and federal law enforcement investigations.
 5        Any  employee  of  the  Secretary  of  State  subject  to
 6    investigation  or  inquiry  by  the  Inspector General or any
 7    agent or representative of the Inspector  General  concerning
 8    misconduct that is criminal in nature shall have the right to
 9    be  notified  of  the  right  to  remain  silent  during  the
10    investigation  or  inquiry and the right to be represented in
11    the  investigation  or  inquiry   by   an   attorney   or   a
12    representative  of a labor organization that is the exclusive
13    collective bargaining  representative  of  employees  of  the
14    Secretary  of  State.  Any  investigation  or  inquiry by the
15    Inspector General or  any  agent  or  representative  of  the
16    Inspector  General must be conducted with an awareness of the
17    provisions of a collective bargaining agreement that  applies
18    to  the  employees  of  the  Secretary  of  State and with an
19    awareness of the rights of the  employees  as  set  forth  in
20    State  and federal law and applicable judicial decisions. Any
21    recommendations for discipline or any  action  taken  against
22    any  employee  by the Inspector General or any representative
23    or agent of  the  Inspector  General  must  comply  with  the
24    provisions   of  the  collective  bargaining  agreement  that
25    applies to the employee.
26        (g)  On or before January 1 of each year,  the  Inspector
27    General  shall  report  to  the  President of the Senate, the
28    Minority Leader of the Senate, the Speaker of  the  House  of
29    Representatives,  and  the  Minority  Leader  of the House of
30    Representatives  on  the  types  of  investigations  and  the
31    activities undertaken by the Office of the Inspector  General
32    during the previous calendar year.

33        Section 10.  The Secretary of State Merit Employment Code
 
SB706 Enrolled             -6-       LRB093 03131 JAM 03148 b
 1    is amended by changing Section 16 as follows:

 2        (15 ILCS 310/16) (from Ch. 124, par. 116)
 3        Sec.  16. Status of present employees.  Employees holding
 4    positions in the Office of  the  Secretary  of  State  herein
 5    shall continue under the following conditions:
 6        (1)  Employees  who  have been appointed as the result of
 7    having passed examinations in accordance with the  provisions
 8    of  the  "Personnel Code", and who have satisfactorily passed
 9    the  probationary  period  or  who  have  been  promoted   in
10    accordance  with  the  rules  thereunder,  shall be continued
11    without further examination, but shall be  otherwise  subject
12    to provisions of this Act and the rules made pursuant to it.
13        (2)  Employees  who  have been appointed as the result of
14    having passed examinations pursuant to the provisions of  the
15    "Personnel  Code"  but  have not completed their probationary
16    period on the effective date of this Act shall  be  continued
17    without further examination but shall be otherwise subject to
18    provisions  of  this  Act  and the rules made pursuant to it.
19    Time served on probation prior to the effective date of  this
20    Act  shall  count  as  time served on the probationary period
21    provided by this Act.
22        (2.5)  Persons who, immediately before the effective date
23    of this amendatory Act of the  93rd  General  Assembly,  were
24    employees  with  investigatory  functions  of  the  Inspector
25    General  within  the Office of the Secretary of State and who
26    are subject to the Secretary of State Merit  Employment  Code
27    shall be appointed to the position of inspector, as described
28    in  Section  14  of  the Secretary of State Act, if they: (i)
29    meet  the  requirements  described  in  Section  14  of   the
30    Secretary of State Act; (ii) pass a qualifying examination as
31    prescribed by the Director of Personnel within 6 months after
32    the effective date of this amendatory Act of the 93rd General
33    Assembly;  and (iii) satisfactorily complete their respective
 
SB706 Enrolled             -7-       LRB093 03131 JAM 03148 b
 1    probationary  periods.   The   qualifying   examination   for
 2    inspectors  shall  be  similar to those required for entrance
 3    examinations for comparable positions in the  Office  of  the
 4    Secretary  of  State.  Inspectors  shall be appointed without
 5    regard  to  eligible  lists.  Nothing  in   this   subsection
 6    precludes   the   Office  of  the  Secretary  of  State  from
 7    reclassifying or reallocating employees who  would  otherwise
 8    qualify as inspectors.
 9        (3)  All  other  such employees subject to the provisions
10    of this Act shall be continued in their respective  positions
11    if  they  pass  a  qualifying  examination  prescribed by the
12    Director within 9 months from the effective date of this Act,
13    and satisfactorily  complete  their  respective  probationary
14    periods.    Such  qualifying examinations shall be similar to
15    those  required  for  entrance  examinations  for  comparable
16    positions  in  the  Office  of  the   Secretary   of   State.
17    Appointments  of  such  employees  shall be without regard to
18    eligible    lists.     Nothing    herein    precludes     the
19    reclassification  or  reallocation as provided by this Act of
20    any position held by such incumbent.
21        (4)  Nothing in this Act shall be construed to prejudice,
22    reduce,  extinguish  or  affect  the  rights  or   privileges
23    determined through judicial process to have been conferred on
24    any  present  or  past  employee under the Illinois Personnel
25    Code.  In the event that any court of competent  jurisdiction
26    shall  determine  that  present  or  past  employees  of  the
27    Secretary  of State have any rights arising from the Illinois
28    Personnel Code, those rights shall be recognized  under  this
29    Act.
30        (5)  Any  person  who,  as  a  result of any court order,
31    court approved stipulation or settlement, has any  employment
32    or  re-employment  rights prior to the effective date of this
33    Act shall continue to have such rights  after  the  effective
34    date of this Act.
 
SB706 Enrolled             -8-       LRB093 03131 JAM 03148 b
 1    (Source: P.A. 80-13.)

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