Full Text of SB1633 96th General Assembly
SB1633sam001 96TH GENERAL ASSEMBLY
|
Sen. Bill Brady
Filed: 3/10/2009
|
|
09600SB1633sam001 |
|
LRB096 10788 JAM 23621 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1633
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1633 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 20-50 and 20-95 as follows: | 6 |
| (5 ILCS 430/20-50)
| 7 |
| Sec. 20-50. Investigation reports; complaint procedure.
| 8 |
| (a) If an Executive Inspector General, upon the conclusion | 9 |
| of an
investigation, determines that reasonable cause exists to | 10 |
| believe that a
violation
has occurred, then
the Executive | 11 |
| Inspector General shall issue a summary report of the
| 12 |
| investigation. The report shall be delivered (i) to the | 13 |
| Executive Ethics Commission, (ii) to the
appropriate ultimate | 14 |
| jurisdictional
authority , and (iii) if appropriate, to the head | 15 |
| of each State
agency
affected by or involved in the | 16 |
| investigation , if appropriate .
|
|
|
|
09600SB1633sam001 |
- 2 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| (b) The summary report of the investigation shall include | 2 |
| the following:
| 3 |
| (1) A description of any allegations or other | 4 |
| information
received by the Executive 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 Executive Inspector General
| 13 |
| deems relevant to the investigation or resulting | 14 |
| recommendations.
| 15 |
| (c) Not less than 30 days after delivery of the summary | 16 |
| report of
an
investigation under subsection (a),
if the | 17 |
| Executive Inspector General desires to file a petition for | 18 |
| leave to file
a
complaint, the Executive Inspector General | 19 |
| shall notify the Commission and the
Attorney General.
If the | 20 |
| Attorney General determines
that reasonable cause exists to | 21 |
| believe that a violation has occurred, then the
Executive | 22 |
| Inspector
General, represented by the Attorney
General, may | 23 |
| file with the Executive Ethics Commission a petition for
leave | 24 |
| to file a complaint.
The petition shall set
forth the alleged | 25 |
| violation and the
grounds that exist to support the petition. | 26 |
| The petition for leave to
file a complaint must be filed with |
|
|
|
09600SB1633sam001 |
- 3 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| the Commission within 18 months
after the most recent act of | 2 |
| the
alleged violation or of a series of alleged violations
| 3 |
| except where there is reasonable cause to believe
that | 4 |
| fraudulent concealment has occurred. To constitute fraudulent | 5 |
| concealment
sufficient to toll this limitations period, there | 6 |
| must be an affirmative act or
representation calculated to | 7 |
| prevent discovery of the fact that a violation has
occurred.
If | 8 |
| a petition for leave to file a complaint is not filed with the | 9 |
| Commission
within 6 months after notice by the Inspector | 10 |
| General to the Commission and the
Attorney General, then the | 11 |
| Commission may set a meeting of the Commission at
which the | 12 |
| Attorney General shall appear and provide a status
report to | 13 |
| the Commission.
| 14 |
| (d) A copy of the petition must be served on all | 15 |
| respondents named in the
complaint and on each respondent's | 16 |
| ultimate jurisdictional authority in
the same manner as process | 17 |
| is served under the Code of Civil
Procedure.
| 18 |
| (e) A respondent may file objections to the petition for | 19 |
| leave to
file a complaint within 30 days after notice of the | 20 |
| petition has been
served on the respondent.
| 21 |
| (f) The Commission shall meet, either in person or by | 22 |
| telephone,
in a closed session to review the sufficiency of the | 23 |
| complaint.
If the Commission finds that complaint is | 24 |
| sufficient, the Commission shall
grant the petition for leave | 25 |
| to file the
complaint.
The Commission shall
issue notice to the | 26 |
| Executive Inspector General and all respondents of
the |
|
|
|
09600SB1633sam001 |
- 4 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| Commission's ruling on the sufficiency of the complaint. If the | 2 |
| complaint
is deemed to
sufficiently allege a violation of this | 3 |
| Act, then the Commission shall notify
the parties and shall
| 4 |
| include a hearing date scheduled within 4 weeks after the date | 5 |
| of the notice,
unless all of the parties consent to a later | 6 |
| date.
If the complaint is deemed not to sufficiently allege a
| 7 |
| violation, then
the Commission shall send by certified mail, | 8 |
| return receipt requested,
a notice to the parties of the | 9 |
| decision to dismiss the complaint.
| 10 |
| (g) On the scheduled date
the Commission shall conduct a | 11 |
| closed meeting,
either in person or, if the parties consent, by | 12 |
| telephone, on the complaint and
allow all
parties the | 13 |
| opportunity to present testimony and evidence.
All such | 14 |
| proceedings shall be transcribed.
| 15 |
| (h) Within an appropriate time limit set by rules of the | 16 |
| Executive
Ethics Commission, the Commission shall (i) dismiss | 17 |
| the
complaint or (ii) issue a recommendation of discipline to | 18 |
| the
respondent and the respondent's ultimate jurisdictional | 19 |
| authority or
impose an administrative fine upon the respondent, | 20 |
| or both.
| 21 |
| (i) The proceedings on any complaint filed with the | 22 |
| Commission
shall be conducted pursuant to rules promulgated by | 23 |
| the Commission.
| 24 |
| (j) The Commission may designate hearing officers
to | 25 |
| conduct proceedings as determined by rule of the Commission.
| 26 |
| (k) In all proceedings before the Commission, the standard |
|
|
|
09600SB1633sam001 |
- 5 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| of
proof is by a preponderance of the evidence.
| 2 |
| (l) When the Inspector General concludes that there is | 3 |
| insufficient
evidence that a violation has occurred, the | 4 |
| Inspector General shall close the
investigation. At the request | 5 |
| of the subject of the investigation, the
Inspector
General | 6 |
| shall provide a written statement to the subject of the | 7 |
| investigation
and to the Commission of
the Inspector General's | 8 |
| decision to close the investigation. Closure by the
Inspector | 9 |
| General does not bar the Inspector General from resuming the
| 10 |
| investigation if circumstances warrant.
| 11 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 12 |
| (5 ILCS 430/20-95)
| 13 |
| Sec. 20-95. Exemptions.
| 14 |
| (a) Documents generated by an ethics
officer under this | 15 |
| Act, except Section 5-50, are exempt from the provisions of
the | 16 |
| Freedom
of Information Act.
| 17 |
| (b) Any allegations
and related documents
submitted to an | 18 |
| Executive Inspector General and any pleadings and
related | 19 |
| documents brought before the Executive Ethics
Commission are | 20 |
| exempt from the provisions of the Freedom of
Information Act so | 21 |
| long as the Executive Ethics Commission
does not make a finding | 22 |
| of a violation of this Act.
If the Executive
Ethics Commission | 23 |
| finds that a violation has occurred, the
entire record of | 24 |
| proceedings before the Commission, the decision and
| 25 |
| recommendation, and the mandatory report from the agency head |
|
|
|
09600SB1633sam001 |
- 6 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| or
ultimate jurisdictional authority to the Executive Ethics
| 2 |
| Commission are not exempt from the provisions of the Freedom of
| 3 |
| Information Act but information contained therein that is | 4 |
| otherwise exempt from
the
Freedom of Information Act must be | 5 |
| redacted before disclosure as provided in
Section 8 of the | 6 |
| Freedom of Information Act.
| 7 |
| (c) Meetings of the Commission under
Sections 20-5
and | 8 |
| 20-15 of this Act are exempt from the provisions of the Open
| 9 |
| Meetings Act.
| 10 |
| (d) Unless otherwise provided in this Act, all | 11 |
| investigatory files , other than the final founded summary | 12 |
| report, and
reports of the Office of an Executive Inspector | 13 |
| General , other than quarterly
reports, are confidential, are | 14 |
| exempt from disclosure
under the Freedom of Information Act, | 15 |
| and shall not be divulged to
any person or agency, except as | 16 |
| necessary (i) to the appropriate law
enforcement
authority if | 17 |
| the matter is referred pursuant to this Act, (ii) to the | 18 |
| ultimate
jurisdictional authority, (iii) to the
Executive | 19 |
| Ethics Commission; or (iv) to another Inspector General | 20 |
| appointed
pursuant to this Act. Founded summary reports of | 21 |
| investigations and quarterly reports of the Office of an | 22 |
| Executive Inspector General shall be publicly released, but | 23 |
| information contained therein that is otherwise exempt from the | 24 |
| Freedom of Information Act must be redacted before disclosure | 25 |
| as provided in Section 8 of the Freedom of Information Act.
| 26 |
| Each founded report and the corresponding agency response |
|
|
|
09600SB1633sam001 |
- 7 - |
LRB096 10788 JAM 23621 a |
|
| 1 |
| shall be released publicly within 30 days after receipt of the | 2 |
| agency response, with the following exceptions: | 3 |
| (1) Reports that result in referrals to law enforcement | 4 |
| agencies. | 5 |
| (2) Reports that result in a compliant filed with the | 6 |
| Executive Ethics Commission. | 7 |
| (3) Reports that impact other continuing or related | 8 |
| investigations by the Executive Inspector General. | 9 |
| In cases referred to law enforcement or when a compliant is | 10 |
| to be filed with the Executive Ethics Commission, the Executive | 11 |
| Inspector General shall release those reports at the conclusion | 12 |
| of those matters. Founded reports that are related to other | 13 |
| continuing or related investigations shall be released | 14 |
| publicly as soon as practical to not interfere with existing | 15 |
| investigations. | 16 |
| The discretion to redact any portion of a founded report or | 17 |
| to issue a summary digest report shall be vested exclusively | 18 |
| with the Executive Inspector General. | 19 |
| (Source: P.A. 93-617, eff. 12-9-03.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|