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5 ILCS 430/20-5
(5 ILCS 430/20-5)
Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
The Governor shall appoint 5 commissioners, and the Attorney General, Secretary
of State, Comptroller, and Treasurer shall each appoint one commissioner.
Appointments shall be made by and with the advice and consent of the
Senate by three-fifths of the elected members concurring by record vote.
Any nomination not acted upon by the Senate within 60 session days of the
receipt thereof shall be deemed to have received the advice and consent of
the Senate. If, during a recess of the Senate, there is a vacancy in an office
of commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the appointing
authority shall make a nomination to fill that office. No person rejected for
an office of commissioner shall, except by the Senate's request, be
nominated again for that office at the same session of the Senate or be
appointed to that office during a recess of that Senate.
No more than 5
commissioners may be of the same
The terms of the initial commissioners shall commence upon qualification.
Four initial appointees of the Governor, as designated by the Governor, shall
serve terms running through June 30, 2007. One initial appointee of the
Governor, as designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and Treasurer shall serve
terms running through June 30, 2008.
The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial terms, commissioners shall serve for 4-year terms
commencing on July 1 of the year of appointment and running
through June 30 of the fourth following year. Commissioners may be
reappointed to one or more subsequent terms.
Vacancies occurring other than at the end of a term shall be filled
by the appointing authority only for the balance of the
term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is filled.
(c) The appointing authorities shall appoint commissioners who
have experience holding governmental office or employment and shall
appoint commissioners from the general public.
A person is not eligible to
serve as a commissioner if that person (i) has been convicted of a
felony or a crime of dishonesty or moral turpitude, (ii) is, or was
within the preceding 12 months, engaged in activities that
require registration under the Lobbyist Registration Act, (iii) is related
to the appointing authority, or (iv) is a State officer or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies other
than the General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House of Representatives, the Senate
Operations Commission, the legislative support services agencies, and
the Office of the Auditor General.
The Executive Ethics Commission shall have jurisdiction over all board members and employees of Regional Transit Boards and all board members and employees of Regional Development Authorities. The jurisdiction of the
Commission is limited to matters arising under this Act, except as provided in subsection (d-5).
A member or legislative branch State employee serving on an executive branch board or commission remains subject to the jurisdiction of the Legislative Ethics Commission and is not subject to the jurisdiction of the Executive Ethics Commission.
(d-5) The Executive Ethics Commission shall have jurisdiction over all chief procurement officers and procurement compliance monitors and their respective staffs. The Executive Ethics Commission shall have jurisdiction over any matters arising under the Illinois Procurement Code if the Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have jurisdiction over the Illinois Power Agency and its staff. The Director of the Agency shall be appointed by a majority of the commissioners of the Executive Ethics Commission, subject to Senate confirmation, for a term of 2 years. The Director is removable for cause by a majority of the Commission upon a finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the Illinois Power Agency during a recess of the Senate, the Executive Ethics Commission may make a temporary appointment until the next meeting of the Senate, at which time the Executive Ethics Commission shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. Nothing in this subsection shall prohibit the Executive Ethics Commission from removing a temporary appointee or from appointing a temporary appointee as the Director of the Illinois Power Agency.
(3) Prior to June 1, 2012, the Executive Ethics Commission may, until the Director of the Illinois Power Agency is appointed and qualified or a temporary appointment is made pursuant to paragraph (2) of this subsection, designate some person as an acting Director to execute the powers and discharge the duties vested by law in that Director. An acting Director shall serve no later than 60 calendar days, or upon the making of an appointment pursuant to paragraph (1) or (2) of this subsection, whichever is earlier. Nothing in this subsection shall prohibit the Executive Ethics Commission from removing an acting Director or from appointing an acting Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of Director of the Illinois Power Agency shall, except at the Senate's request, be nominated again for that office at the same session or be appointed to that office during a recess of that Senate.
(d-7) The Executive Ethics Commission shall have jurisdiction over complainants and respondents in violation of subsection (d) of Section 20-90.
(e) The Executive Ethics Commission must meet, either
in person or by other technological means, at least monthly and as
often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem appropriate.
The terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings shall be held at
of the chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5 commissioners, and
a quorum shall consist of 5 commissioners. Commissioners shall receive
compensation in an amount equal to the compensation of members of the State
Board of Elections and may be
reimbursed for their reasonable expenses actually incurred in the
performance of their duties.
(f) No commissioner or employee of the Executive
Ethics Commission may during his or her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only for cause.
(h) The Executive Ethics Commission shall appoint an Executive Director. The
compensation of the Executive Director shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and determine the
compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a majority of the members appointed to the Commission, chief procurement officers and may appoint procurement compliance monitors in accordance with the provisions of the Illinois Procurement Code. The compensation of a chief procurement officer and procurement compliance monitor shall be determined by the Commission.
(Source: P.A. 103-517, eff. 8-11-23.)