99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2135

 

Introduced 5/20/2015, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Government Inspector General Act. Provides that the purpose of the Act is to establish an independent entity to which allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving units of local government, including their officers, employees, and agents, or elected or appointed local officials may be reported and investigated with the assistance of the Attorney General. Creates the Local Government Ethics Commission and the Office of the Local Government Inspector General and provides that members of the Commission and the Inspector General shall be appointed by the Governor with the advice and consent of the Senate. Sets forth the procedures of investigating a complaint and the issuing of reports. Defines terms.


LRB099 12094 JLK 35218 b

 

 

A BILL FOR

 

SB2135LRB099 12094 JLK 35218 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Government Inspector General Act.
 
6    Section 5. Definitions. For purposes of this Act:
7    "Local official" means: (i) any official appointed or
8elected to an office of a county, municipality, township,
9special district, or unit designated as a unit of local
10government by law, or (ii) an office created by ordinance,
11resolution, or contract of any unit of local government.
12    "Unit of local government" has the meaning provided in
13Section 1 of Article VII of the Illinois Constitution.
 
14    Section 10. Scope. This Act shall apply only to those units
15of local government that do not have their own inspector
16general.
 
17    Section 15. Purpose. The purpose of this Act is to
18establish an independent entity: (1) to which allegations of
19incompetence, neglect of duty, malfeasance in office,
20corruption, or official misconduct involving units of local
21government, including their officers, employees, and agents,

 

 

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1or elected or appointed local officials may be reported; and
2(2) that has the authority to investigate allegations of
3incompetence, neglect of duty, malfeasance in office,
4corruption, or official misconduct involving units of local
5government, including their officers, employees, and agents,
6or elected or appointed local officials, with the assistance of
7the Attorney General.
 
8    Section 20. Local Government Ethics Commission.
9    (a) The Local Government Ethics Commission is created.
10    (b) The Local Government Ethics Commission shall consist of
119 commissioners appointed by the Governor, with the advice and
12consent of the Senate. Any nomination not acted upon by the
13Senate within 60 session days of the receipt thereof shall be
14deemed to have received the advice and consent of the Senate.
15If, during a recess of the Senate, there is a vacancy in an
16office of commissioner, the Governor shall make a temporary
17appointment until the next meeting of the Senate when the
18Governor shall make a nomination to fill that office. No person
19rejected for an office of commissioner shall, except by the
20Senate's request, be nominated again for that office at the
21same session of the Senate or be appointed to that office
22during a recess of that Senate.
23    Commissioners shall serve for 4-year terms commencing on
24July 1 of the year of appointment and running through June 30
25of the fourth following year. Commissioners may be reappointed

 

 

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1to one or more subsequent terms.
2    Vacancies occurring other than at the end of a term shall
3be filled by the Governor only for the balance of the term of
4the commissioner whose office is vacant. The Governor may
5remove a commissioner only for cause.
6    Terms shall run regardless of whether the position is
7filled.
8    (c) The Governor shall appoint commissioners who have
9experience holding governmental office or employment and shall
10appoint commissioners from the general public. A person is not
11eligible to serve as a commissioner if that person (i) has been
12convicted of a felony or a crime of dishonesty or moral
13turpitude, (ii) is, or was within the preceding 12 months,
14engaged in activities that require registration under the
15Lobbyist Registration Act, (iii) is related to the appointing
16authority, or (iv) is a State officer or employee.
17    (d) The Local Government Ethics Commission shall have
18jurisdiction over all units of local government and local
19officials, and all vendors and others doing business with any
20unit of local government or local official.
21    (e) The Local Government Ethics Commission must meet,
22either in person or by other technological means, at least
23monthly and as often as necessary. At the first meeting of the
24Local Government Ethics Commission, the commissioners shall
25choose from their number a chairperson and other officers that
26they deem appropriate. The terms of officers shall be for 2

 

 

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1years commencing July 1 and running through June 30 of the
2second following year. Meetings shall be held at the call of
3the chairperson or any 3 commissioners. Official action by the
4Commission shall require the affirmative vote of 5
5commissioners, and a quorum shall consist of 5 commissioners.
6Commissioners shall receive compensation in an amount equal to
7the compensation of members of the State Board of Elections and
8may be reimbursed for their reasonable expenses actually
9incurred in the performance of their duties.
10    (f) No commissioner or employee of the Local Government
11Ethics Commission may during his or her term of appointment or
12employment:
13        (1) become a candidate for any elective office;
14        (2) hold any other elected or appointed public office
15    except for appointments on governmental advisory boards or
16    study commissions or as otherwise expressly authorized by
17    law;
18        (3) be actively involved in the affairs of any
19    political party or political organization; or
20        (4) advocate for the appointment of another person to
21    an appointed or elected office or position or actively
22    participate in any campaign for any elective office.
23    (h) The Local Government Ethics Commission shall appoint an
24Executive Director. The compensation of the Executive Director
25shall be as determined by the Commission. The Executive
26Director of the Local Government Ethics Commission may employ

 

 

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1and determine the compensation of staff, as appropriations
2permit.
 
3    Section 25. Local Government Inspector General.
4    (a) There is created the Office of the Local Government
5Inspector General.
6    (b) The Local Government Inspector General shall be
7appointed by the Governor, with the advice and consent of the
8Senate. Any nomination not acted upon by the Senate within 60
9session days of the receipt thereof shall be deemed to have
10received the advice and consent of the Senate. If, during a
11recess of the Senate, there is a vacancy in an office of Local
12Government Inspector General, the Governor shall make a
13temporary appointment until the next meeting of the Senate when
14the Governor shall make a nomination to fill the office. No
15person rejected for the office of Local Government Inspector
16General shall, except by the Senate's request, be nominated
17again for that office at the same session of the Senate or be
18appointed to that office during a recess of that Senate.
19    Nothing in this Act precludes the appointment by any unit
20of local government or any local official of any other
21inspector general required or permitted by law.
22    The Local Government Inspector General shall have the
23following qualifications:
24        (1) has not been convicted of any felony under the laws
25    of this State, another State, or the United States;

 

 

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1        (2) has earned a baccalaureate degree from an
2    institution of higher education; and
3        (3) has 5 or more years of cumulative service (A) with
4    a federal, State, or local law enforcement agency, at least
5    2 years of which have been in a progressive investigatory
6    capacity; (B) as a federal, State, or local prosecutor; (C)
7    as a senior manager or executive of a federal, State, or
8    local agency; (D) as a member, an officer, or a State or
9    federal judge; or (E) representing any combination of (A)
10    through (D).
11    The term of the Local Government Inspector General shall be
12for 5 years, commencing on July 1 of the year of appointment
13and running through June 30 of the fifth following year. The
14Local Government Inspector General may be reappointed to one or
15more subsequent terms. A vacancy occurring other than at the
16end of a term shall be filled by the Governor for the balance
17of the current term.
18    (c) The Local Government Inspector General shall have
19jurisdiction over all units of local government and local
20officials, and all vendors and others doing business with any
21unit of local government or local official.
22    The jurisdiction of the Local Government Inspector General
23is to investigate allegations of fraud, waste, abuse,
24mismanagement, misconduct, nonfeasance, misfeasance,
25malfeasance, or violations of other related laws and rules.
26    (d) The compensation for the Local Government Inspector

 

 

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1General shall be determined by the Governor and shall be made
2from appropriations made to the Office of the Governor for this
3purpose. The Local Government Inspector General has full
4authority to organize the Office of the Local Government
5Inspector General, including the employment and determination
6of the compensation of staff, such as deputies, assistants, and
7other employees, as appropriations permit.
8    (e) No Local Government Inspector General or employee of
9the Office of the Local Government Inspector General may,
10during his or her term of appointment or employment:
11        (1) become a candidate for any elective office;
12        (2) hold any other elected or appointed public office
13    except for appointments on governmental advisory boards or
14    study commissions or as otherwise expressly authorized by
15    law;
16        (3) be actively involved in the affairs of any
17    political party or political organization; or
18        (4) advocate for the appointment of another person to
19    an appointed or elected office or position or actively
20    participate in any campaign for any elective office.
21    In this subsection an appointed public office means a
22position authorized by law that is filled by an appointing
23authority as provided by law and does not include employment by
24hiring in the ordinary course of business.
25    (f) No Local Government Inspector General or employee of
26the Office of the Local Government Inspector General may, for

 

 

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1one year after the termination of his or her appointment or
2employment:
3        (1) become a candidate for any elective office;
4        (2) hold any elected public office; or
5        (3) hold any appointed State, county, or local judicial
6    office.
7    (g) The Local Government Inspector General may be removed
8only for cause and may be removed only by the Governor. At the
9time of the removal, the Governor must report to the Senate the
10justification for the removal.
 
11    Section 30. Duties of the Local Government Inspector
12General. In addition to duties otherwise assigned by law, the
13Local Government Inspector General shall have the following
14duties:
15        (1) To receive and investigate allegations of
16    incompetence, neglect of duty, malfeasance in office,
17    corruption, or official misconduct by local officials. An
18    investigation may not be initiated more than one year after
19    the most recent act of the alleged violation or of a series
20    of alleged violations except where there is reasonable
21    cause to believe that fraudulent concealment has occurred.
22    To constitute fraudulent concealment sufficient to toll
23    this limitations period, there must be an affirmative act
24    or representation calculated to prevent discovery of the
25    fact that a violation has occurred. The Local Government

 

 

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1    Inspector General shall have the discretion to determine
2    the appropriate means of investigation as permitted by law.
3        (2) To request information relating to an
4    investigation from any person when the Local Government
5    Inspector General deems that information necessary in
6    conducting an investigation.
7        (3) To issue subpoenas to compel the attendance of
8    witnesses for the purposes of testimony and production of
9    documents and other items for inspection and copying and to
10    make service of those subpoenas.
11        (4) To submit reports as required by this Act.
12        (5) To file pleadings in the name of the Local
13    Government Inspector General with the Local Government
14    Ethics Commission, through the Attorney General, as
15    provided in this Act if the Attorney General finds that
16    reasonable cause exists to believe that a violation has
17    occurred.
18        (6) To participate in or conduct, when appropriate,
19    multi-jurisdictional investigations.
20        (7) To establish a policy that ensures the appropriate
21    handling and correct recording of all investigations
22    conducted by the Office, and to ensure that the policy is
23    accessible via the Internet in order that those seeking to
24    report those allegations are familiar with the process and
25    that the subjects of those allegations are treated fairly.
 

 

 

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1    Section 35. Administrative subpoena; compliance. A person
2duly subpoenaed for testimony, documents, or other items who
3neglects or refuses to testify or produce documents or other
4items under the requirements of the subpoena shall be subject
5to punishment as may be determined by a court of competent
6jurisdiction. Nothing in this Section limits or alters a
7person's existing rights or protections under State or federal
8law.
 
9    Section 40. Standing; representation.
10    (a) Only the Local Government Inspector General or the
11Attorney General may bring actions before the Local Government
12Ethics Commission.
13    (b) The Attorney General shall represent the Local
14Government Inspector General in all proceedings before the
15Commission. Whenever the Attorney General is sick or absent, or
16unable to attend, or is interested in any matter or proceeding
17under this Act, upon the filing of a petition under seal by any
18person with standing, the Supreme Court (or any other court of
19competent jurisdiction as designated and determined by rule of
20the Supreme Court) may appoint some competent attorney to
21prosecute or defend that matter or proceeding, and the attorney
22so appointed shall have the same power and authority in
23relation to that matter or proceeding as the Attorney General
24would have had if present and attending to the same.
25    (c) Attorneys representing the Local Government General in

 

 

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1proceedings before the Local Government Ethics Commission,
2except an attorney appointed under subsection (b), shall be
3appointed or retained by the Attorney General, shall be under
4the supervision, direction, and control of the Attorney
5General, and shall serve at the pleasure of the Attorney
6General. The compensation of any attorneys appointed or
7retained in accordance with this subsection or subsection (b)
8shall be paid by the appropriate Office of the Local Government
9Inspector General.
 
10    Section 45. Investigation reports.
11    (a) If the Local Government Inspector General, upon the
12conclusion of an investigation, determines that reasonable
13cause exists to believe that a violation has occurred, then the
14Local Government Inspector General shall issue a summary report
15of the investigation. The report shall be delivered to the
16appropriate ultimate jurisdictional authority affected by or
17involved in the investigation, if appropriate. The appropriate
18ultimate jurisdictional authority shall respond to the summary
19report within 20 days, in writing, to the Local Government
20Inspector General. The response shall include a description of
21any corrective or disciplinary action to be imposed.
22    (b) The summary report of the investigation shall include
23the following:
24        (1) A description of any allegations or other
25    information received by the Local Government Inspector

 

 

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

 

 

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

 

 

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1head. The Local Government Inspector General may also submit a
2redacted version of the summary report and response from the
3ultimate jurisdictional authority if the Local Government
4Inspector General believes either contains information that,
5in the opinion of the Local Government Inspector General,
6should be redacted prior to releasing the report, may interfere
7with an ongoing investigation, or identifies an informant or
8complainant.
9    (e) If, after reviewing the documents, the Commission
10believes that further investigation is warranted, the
11Commission may request that the Local Government Inspector
12General provide additional information or conduct further
13investigation. The Commission may also appoint a Special Local
14Government Inspector General to investigate or refer the
15summary report and response from the ultimate jurisdictional
16authority to the Attorney General for further investigation or
17review. If the Commission requests the Attorney General to
18investigate or review, the Commission must notify the Attorney
19General and the Local Government Inspector General. The
20Attorney General may not begin an investigation or review until
21receipt of notice from the Commission. If, after review, the
22Attorney General determines that reasonable cause exists to
23believe that a violation has occurred, then the Attorney
24General may file a complaint with the Local Government Ethics
25Commission. If the Attorney General concludes that there is
26insufficient evidence that a violation has occurred, the

 

 

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1Attorney General shall notify the Local Government Ethics
2Commission and the Local Government Inspector General.
3    (f) A copy of the complaint filed with the Local Government
4Ethics Commission must be served on all respondents named in
5the complaint and on each respondent's ultimate jurisdictional
6authority in the same manner as process is served under the
7Code of Civil Procedure.
8    (g) A respondent may file objections to the complaint
9within 30 days after notice of the petition has been served on
10the respondent.
11    (h) The Commission shall meet, either in person or by
12telephone, at least 30 days after the complaint is served on
13all respondents in a closed session to review the sufficiency
14of the complaint. The Commission shall issue notice by
15certified mail, return receipt requested, to the Local
16Government Inspector General, Attorney General, and all
17respondents of the Commission's ruling on the sufficiency of
18the complaint. If the complaint is deemed to sufficiently
19allege a violation of this Act, then the Commission shall
20include a hearing date scheduled within 4 weeks after the date
21of the notice, unless all of the parties consent to a later
22date. If the complaint is deemed not to sufficiently allege a
23violation, then the Commission shall send by certified mail,
24return receipt requested, a notice to the Local Government
25Inspector General, Attorney General, and all respondents of the
26decision to dismiss the complaint.

 

 

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1    (i) On the scheduled date the Commission shall conduct a
2closed meeting, either in person or, if the parties consent, by
3telephone, on the complaint and allow all parties the
4opportunity to present testimony and evidence. All such
5proceedings shall be transcribed.
6    (j) Within an appropriate time limit set by rules of the
7Local Government Ethics Commission, the Commission shall (i)
8dismiss the complaint, (ii) issue a recommendation of
9discipline to the respondent and the respondent's ultimate
10jurisdictional authority, (iii) impose an administrative fine
11upon the respondent, (iv) issue injunctive relief, or (v)
12impose a combination of (ii) through (iv).
13    (k) The proceedings on any complaint filed with the
14Commission shall be conducted pursuant to rules promulgated by
15the Commission.
16    (l) The Commission may designate hearing officers to
17conduct proceedings as determined by rule of the Commission.
18    (m) In all proceedings before the Commission, the standard
19of proof is by a preponderance of the evidence.
20    (n) Within 30 days after the issuance of a final
21administrative decision that concludes that a violation
22occurred, the Local Government Ethics Commission shall make
23public the entire record of proceedings before the Commission,
24the decision, any recommendation, any discipline imposed, and
25the response from the agency head or ultimate jurisdictional
26authority to the Local Government Ethics Commission.
 

 

 

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1    Section 50. Closed investigations. When the Local
2Government Inspector General concludes that there is
3insufficient evidence that a violation has occurred, the Local
4Government Inspector General shall close the investigation.
5The Local Government Inspector General shall provide the
6Commission with a written statement of the Local Government
7Inspector General's decision to close the investigation. At the
8request of the subject of the investigation, the Local
9Government Inspector General shall provide a written statement
10to the subject of the investigation of the Inspector General's
11decision to close the investigation. Closure by the Local
12Government Inspector General does not bar the Local Government
13Inspector General from resuming the investigation if
14circumstances warrant. The Commission also has the discretion
15to request that the Local Government Inspector General conduct
16further investigation of any matter closed pursuant to this
17Section, to appoint a Special Local Government Inspector
18General to investigate, or to refer the allegations to the
19Attorney General for further investigation or review. If the
20Commission requests the Attorney General to investigate or
21review, the Commission must notify the Attorney General and the
22Inspector General. The Attorney General may not begin an
23investigation or review until receipt of notice from the
24Commission.
 

 

 

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1    Section 55. Release of summary reports.
2    (a) Within 60 days after receipt of a summary report and
3response from the ultimate jurisdictional authority or agency
4head that resulted in a suspension of at least 3 days or
5termination of employment, the Local Government Ethics
6Commission shall make available to the public the report and
7response or a redacted version of the report and response. The
8Local Government Ethics Commission may make available to the
9public any other summary report and response of the ultimate
10jurisdictional authority or a redacted version of the report
11and response.
12    (b) The Commission shall redact information in the summary
13report that may reveal the identity of witnesses, complainants,
14or informants or if the Commission determines it is appropriate
15to protect the identity of a person before the report is made
16public. The Commission may also redact any information it
17believes should not be made public. Prior to publication, the
18Commission shall permit the respondents, the Local Government
19Inspector General, and Attorney General to review documents to
20be made public and offer suggestions for redaction or provide a
21response that shall be made public with the summary report.
22    (c) The Commission may withhold publication of the report
23or response if the Local Government Inspector General or
24Attorney General certifies that releasing the report to the
25public will interfere with an ongoing investigation.
 

 

 

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1    Section 60. Cooperation in investigations. It is the duty
2of every officer and employee under the jurisdiction of the
3Local Government Inspector General to cooperate with the Local
4Government Inspector General and the Attorney General in any
5investigation undertaken pursuant to this Act. Failure to
6cooperate includes, but is not limited to, intentional
7omissions and knowing false statements. Failure to cooperate
8with an investigation of the Local Government Inspector General
9or the Attorney General is grounds for disciplinary action,
10including dismissal. Nothing in this Section limits or alters a
11person's existing rights or protections under State or federal
12law.
 
13    Section 65. Referrals of investigations. If the Local
14Government Inspector General determines that any alleged
15misconduct involves any person not subject to the jurisdiction
16of the Local Government Ethics Commission, the Local Government
17Inspector General shall refer the reported allegations to the
18appropriate Inspector General, appropriate ethics commission,
19or other appropriate body. If the Local Government Inspector
20General determines that any alleged misconduct may give rise to
21criminal penalties, the Local Government Inspector General may
22refer the allegations regarding that misconduct to the
23appropriate law enforcement authority. If a Local Government
24Inspector General determines that any alleged misconduct
25resulted in the loss of public funds in an amount of $5,000 or

 

 

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1greater, the Local Government Inspector General shall refer the
2allegations regarding that misconduct to the Attorney General
3and any other appropriate law enforcement authority.
 
4    Section 70. Quarterly reports by the Attorney General. The
5Attorney General shall submit quarterly reports to the Local
6Government Ethics Commission, on dates determined by the Local
7Government Ethics Commission, indicating:
8        (1) the number of complaints received from the Local
9    Government Inspector General since the date of the last
10    report;
11        (2) the number of complaints for which the Attorney
12    General has determined reasonable cause exists to believe
13    that a violation has occurred since the date of the last
14    report; and
15        (3) the number of complaints still under review by the
16    Attorney General.