093_SB0013

 
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 1        AN ACT concerning the Office of Secretary of State.

 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, and mismanagement in the Office of the  Secretary
12    of  State.   The Inspector General shall serve a 2-year term.
13    If  no  successor  is  appointed  and  qualified   upon   the
14    expiration  of  the  Inspector  General's term, the Office of
15    Inspector General is deemed vacant and the powers and  duties
16    under  this Section may be exercised only by an appointed and
17    qualified  interim  Inspector  General  until   a   successor
18    Inspector General is appointed and qualified.  If the General
19    Assembly  is  not  in session when a vacancy in the Office of
20    Inspector General occurs, the Secretary of State may  appoint
21    an  interim Inspector General whose term shall expire 2 weeks
22    after the next regularly-scheduled session day of the Senate.
23        (b)  The  Inspector  General  shall  have  the  following
24    qualifications:
25             (1)  has not been convicted  of any felony under the
26        laws of this State, another State, or the United States;
27             (2)  has  earned  a  baccalaureate  degree  from  an
28        institution of higher education; and
29             (3)  has either (A) 5 or more years of service  with
30        a  federal,  State,  or  local law enforcement agency, at
31        least 2  years  of  which  have  been  in  a  progressive
 
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 1        investigatory capacity; (B) 5 or more years of service as
 2        a  federal,  State, or local prosecutor; or (C) 5 or more
 3        years of service as a senior manager or  executive  of  a
 4        federal, State, or local law enforcement agency.
 5        (c)  The  Inspector  General  may review, coordinate, and
 6    recommend methods and procedures to increase the integrity of
 7    the Office of the Secretary of State.    The  duties  of  the
 8    Inspector  General  shall  supplement  and  not  supplant the
 9    duties of the Chief Auditor  for  the  Secretary  of  State's
10    Office.   The  Inspector  General must report directly to the
11    Secretary of State.
12        (d)  The Secretary of State may designate  the  Inspector
13    General  and  inspectors  who  are  members  of the Inspector
14    General's office as peace officers;  however,  the  Inspector
15    General  and  his or her inspectors may not be members of the
16    Secretary of State's police force.   These  inspectors  shall
17    have   all   the  powers  possessed  by  police  officers  in
18    municipalities  and  by  sheriffs  of   counties,   and   the
19    inspectors  may  exercise  those powers anywhere in the State
20    but only in the investigation of allegations of misconduct or
21    criminal behavior by the Secretary of State or  employees  of
22    the Office of the Secretary of State.
23        No  inspector  may  have peace officer status or exercise
24    police powers unless he or  she  successfully  completes  the
25    basic  police  training mandated and approved by the Illinois
26    Law Enforcement Training Standards Board or the Board  waives
27    the  training  requirement by reason of the inspector's prior
28    law enforcement experience or training, or both.
29        The Board may not waive the training  requirement  unless
30    the inspector has had a minimum of 5 years of experience as a
31    sworn  officer  of a local, State, or federal law enforcement
32    agency, 2  of  which  must  have  been  in  an  investigatory
33    capacity.
34        (e)  In  addition  to the authority otherwise provided by
 
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 1    this Section, but only when investigating the Office  of  the
 2    Secretary  of  State,  its  employees,  or  their actions for
 3    fraud, corruption, or mismanagement, the Inspector General is
 4    authorized:
 5             (1)  To have access to all records, reports, audits,
 6        reviews, documents,  papers,  recommendations,  or  other
 7        materials   available   that   relate   to  programs  and
 8        operations with respect to which  the  Inspector  General
 9        has responsibilities under this Section.
10             (2)  To make any investigations and reports relating
11        to  the  administration of the programs and operations of
12        the Office of the Secretary of State  that  are,  in  the
13        judgement   of   the   Inspector  General,  necessary  or
14        desirable.
15             (3)  To request any information or  assistance  that
16        may   be  necessary  for  carrying  out  the  duties  and
17        responsibilities provided by this Section from any local,
18        State, or federal governmental agency or unit thereof.
19             (4)  To  require  by  subpoena  the  appearance   of
20        witnesses   and   the   production  of  all  information,
21        documents, reports, answers, records,  accounts,  papers,
22        and  other data and documentary evidence necessary in the
23        performance of the functions assigned  by  this  Section,
24        with  the exception of records maintained in the ordinary
25        course of business, including  but  not  limited  to  the
26        representation   of  employees  and  the  negotiation  of
27        collective bargaining agreements by a labor  organization
28        authorized and recognized under the Illinois Public Labor
29        Relations    Act   to   be   the   exclusive   bargaining
30        representative of employees of the Secretary of State and
31        with the exception of subsection (c).  A subpoena may  be
32        issued  under  this  paragraph  (4) only by the Inspector
33        General and not by members  of  the  Inspector  General's
34        staff.   Any  person  subpoenaed by the Inspector General
 
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 1        has the same rights as a person  subpoenaed  by  a  grand
 2        jury.   Any  person  who  knowingly and intentionally (A)
 3        fails to appear in response to a subpoena or (B) fails to
 4        produce any books or papers in his or her  possession  or
 5        control  pertinent to an investigation under this Section
 6        is guilty of a Class A misdemeanor.
 7             (5)  To  have  direct  and  prompt  access  to   the
 8        Secretary  of  State  for  any  purpose pertaining to the
 9        performance of functions and responsibilities under  this
10        Section.
11        (f)  The  Inspector  General  may receive and investigate
12    complaints or information from an employee of  the  Secretary
13    of  State  concerning  the  possible existence of an activity
14    constituting a  violation  of  law,  rules,  or  regulations;
15    mismanagement;   abuse   of  authority;  or  substantial  and
16    specific  danger  to  the  public  health  and  safety.   Any
17    employee who knowingly files a false  complaint  or  files  a
18    complaint  with  reckless  disregard  for  the  truth  or the
19    falsity of the facts underlying the complaint may be  subject
20    to  discipline as set forth in the rules of the Department of
21    Personnel of the Secretary of State.
22        The  Inspector  General  may  not,  after  receipt  of  a
23    complaint or  information  from  an  employee,  disclose  the
24    identity of the employee without the consent of the employee.
25        Any  employee  who  has  the  authority  to  recommend or
26    approve any personnel action or to direct others to recommend
27    or approve any personnel action may not, with respect to that
28    authority, take or threaten to take any  action  against  any
29    employee  as  a reprisal for making a complaint or disclosing
30    information to the Inspector General,  unless  the  complaint
31    was made or the information disclosed with the knowledge that
32    it  was  false  or  with  willful  disregard for its truth or
33    falsity.
34        (g)  The  Inspector  General   must   adopt   rules,   in
 
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 1    accordance with the provisions of the Illinois Administrative
 2    Procedure   Act,   establishing   minimum   requirements  for
 3    initiating, conducting, and completing  investigations.   The
 4    rules must establish criteria for determining, based upon the
 5    nature   of   the   allegation,  the  appropriate  method  of
 6    investigation, which may include, but is not limited to, site
 7    visits, telephone contacts, personal interviews, or  requests
 8    for  written  responses.  The rules must also clarify how the
 9    Office of the Inspector General  shall  interact  with  other
10    local, State, and federal law enforcement investigations.
11        Any  employee  of  the  Secretary  of  State  subject  to
12    investigation  or  inquiry  by  the  Inspector General or any
13    agent or representative of the Inspector General  shall  have
14    the right to be notified of the right to remain silent during
15    the  investigation or inquiry and the right to be represented
16    in the investigation or inquiry  by  a  representative  of  a
17    labor   organization   that   is   the  exclusive  collective
18    bargaining representative of employees of  the  Secretary  of
19    State. Any such investigation or inquiry must be conducted in
20    compliance  with  the  provisions  of a collective bargaining
21    agreement that applies to the employees of the  Secretary  of
22    State.  Any recommendation for discipline or any action taken
23    against  any  employee  by  the  Inspector  General  or   any
24    representative  or agent of the Inspector General must comply
25    with the provisions of the  collective  bargaining  agreement
26    that applies to the employee.
27        (h)  On  or  before January 1 of each year, the Inspector
28    General shall report to the  President  of  the  Senate,  the
29    Minority  Leader  of  the Senate, the Speaker of the House of
30    Representatives, and the Minority  Leader  of  the  House  of
31    Representatives  on  the  types  of  investigations  and  the
32    activities  undertaken by the Office of the Inspector General
33    during the previous calendar year.
 
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 1        Section 10.  The Secretary of State Merit Employment Code
 2    is amended by changing Section 16 as follows:

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

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