Public Act 93-0559
SB706 Enrolled LRB093 03131 JAM 03148 b
AN ACT in relation to governmental ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Secretary of State Act is amended by
adding Section 14 as follows:
(15 ILCS 305/14 new)
Sec. 14. Inspector General.
(a) The Secretary of State must, with the advice and
consent of the Senate, appoint an Inspector General for the
purpose of detection, deterrence, and prevention of fraud,
corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature in the Office of
the Secretary of State. The Inspector General shall serve a
5-year term. If no successor is appointed and qualified upon
the expiration of the Inspector General's term, the Office of
Inspector General is deemed vacant and the powers and duties
under this Section may be exercised only by an appointed and
qualified interim Inspector General until a successor
Inspector General is appointed and qualified. If the General
Assembly is not in session when a vacancy in the Office of
Inspector General occurs, the Secretary of State may appoint
an interim Inspector General whose term shall expire 2 weeks
after the next regularly scheduled session day of the Senate.
(b) The Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has either (A) 5 or more years of service with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) 5 or more years of service as
a federal, State, or local prosecutor; or (C) 5 or more
years of service as a senior manager or executive of a
federal, State, or local agency.
(c) The Inspector General may review, coordinate, and
recommend methods and procedures to increase the integrity of
the Office of the Secretary of State. The duties of the
Inspector General shall supplement and not supplant the
duties of the Chief Auditor for the Secretary of State's
Office or any other Inspector General that may be authorized
by law. The Inspector General must report directly to the
Secretary of State.
(d) In addition to the authority otherwise provided by
this Section, but only when investigating the Office of the
Secretary of State, its employees, or their actions for
fraud, corruption, mismanagement, gross or aggravated
misconduct, or misconduct that may be criminal in nature, the
Inspector General is authorized:
(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
materials available that relate to programs and
operations with respect to which the Inspector General
has responsibilities under this Section.
(2) To make any investigations and reports relating
to the administration of the programs and operations of
the Office of the Secretary of State that are, in the
judgement of the Inspector General, necessary or
desirable.
(3) To request any information or assistance that
may be necessary for carrying out the duties and
responsibilities provided by this Section from any local,
State, or federal governmental agency or unit thereof.
(4) To require by subpoena the appearance of
witnesses and the production of all information,
documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary in the
performance of the functions assigned by this Section,
with the exception of subsection (c) and with the
exception of records of a labor organization authorized
and recognized under the Illinois Public Labor Relations
Act to be the exclusive bargaining representative of
employees of the Secretary of State, including, but not
limited to, records of representation of employees and
the negotiation of collective bargaining agreements. A
subpoena may be issued under this paragraph (4) only by
the Inspector General and not by members of the Inspector
General's staff. A person duly subpoenaed for testimony,
documents, or other items who neglects or refuses to
testify or produce documents or other items under the
requirements of the subpoena shall be subject to
punishment as may be determined by a court of competent
jurisdiction, unless (i) the testimony, documents, or
other items are covered by the attorney-client privilege
or any other privilege or right recognized by law or (ii)
the testimony, documents, or other items concern the
representation of employees and the negotiation of
collective bargaining agreements by a labor organization
authorized and recognized under the Illinois Public Labor
Relations Act to be the exclusive bargaining
representative of employees of the Secretary of State.
Nothing in this Section limits a person's right to
protection against self-incrimination under the Fifth
Amendment of the United States Constitution or Article I,
Section 10, of the Constitution of the State of Illinois.
(5) To have direct and prompt access to the
Secretary of State for any purpose pertaining to the
performance of functions and responsibilities under this
Section.
(e) The Inspector General may receive and investigate
complaints or information from an employee of the Secretary
of State concerning the possible existence of an activity
constituting a violation of law, rules, or regulations;
mismanagement; abuse of authority; or substantial and
specific danger to the public health and safety. Any
employee who knowingly files a false complaint or files a
complaint with reckless disregard for the truth or the
falsity of the facts underlying the complaint may be subject
to discipline as set forth in the rules of the Department of
Personnel of the Secretary of State.
The Inspector General may not, after receipt of a
complaint or information from an employee, disclose the
identity of the employee without the consent of the employee,
unless the Inspector General determines that disclosure of
the identity is reasonable and necessary for the furtherance
of the investigation.
Any employee who has the authority to recommend or
approve any personnel action or to direct others to recommend
or approve any personnel action may not, with respect to that
authority, take or threaten to take any action against any
employee as a reprisal for making a complaint or disclosing
information to the Inspector General, unless the complaint
was made or the information disclosed with the knowledge that
it was false or with willful disregard for its truth or
falsity.
(f) The Inspector General must adopt rules, in
accordance with the provisions of the Illinois Administrative
Procedure Act, establishing minimum requirements for
initiating, conducting, and completing investigations. The
rules must establish criteria for determining, based upon the
nature of the allegation, the appropriate method of
investigation, which may include, but is not limited to, site
visits, telephone contacts, personal interviews, or requests
for written responses. The rules must also clarify how the
Office of the Inspector General shall interact with other
local, State, and federal law enforcement investigations.
Any employee of the Secretary of State subject to
investigation or inquiry by the Inspector General or any
agent or representative of the Inspector General concerning
misconduct that is criminal in nature shall have the right to
be notified of the right to remain silent during the
investigation or inquiry and the right to be represented in
the investigation or inquiry by an attorney or a
representative of a labor organization that is the exclusive
collective bargaining representative of employees of the
Secretary of State. Any investigation or inquiry by the
Inspector General or any agent or representative of the
Inspector General must be conducted with an awareness of the
provisions of a collective bargaining agreement that applies
to the employees of the Secretary of State and with an
awareness of the rights of the employees as set forth in
State and federal law and applicable judicial decisions. Any
recommendations for discipline or any action taken against
any employee by the Inspector General or any representative
or agent of the Inspector General must comply with the
provisions of the collective bargaining agreement that
applies to the employee.
(g) On or before January 1 of each year, the Inspector
General shall report to the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives on the types of investigations and the
activities undertaken by the Office of the Inspector General
during the previous calendar year.
Section 10. The Secretary of State Merit Employment Code
is amended by changing Section 16 as follows:
(15 ILCS 310/16) (from Ch. 124, par. 116)
Sec. 16. Status of present employees. Employees holding
positions in the Office of the Secretary of State herein
shall continue under the following conditions:
(1) Employees who have been appointed as the result of
having passed examinations in accordance with the provisions
of the "Personnel Code", and who have satisfactorily passed
the probationary period or who have been promoted in
accordance with the rules thereunder, shall be continued
without further examination, but shall be otherwise subject
to provisions of this Act and the rules made pursuant to it.
(2) Employees who have been appointed as the result of
having passed examinations pursuant to the provisions of the
"Personnel Code" but have not completed their probationary
period on the effective date of this Act shall be continued
without further examination but shall be otherwise subject to
provisions of this Act and the rules made pursuant to it.
Time served on probation prior to the effective date of this
Act shall count as time served on the probationary period
provided by this Act.
(2.5) Persons who, immediately before the effective date
of this amendatory Act of the 93rd General Assembly, were
employees with investigatory functions of the Inspector
General within the Office of the Secretary of State and who
are subject to the Secretary of State Merit Employment Code
shall be appointed to the position of inspector, as described
in Section 14 of the Secretary of State Act, if they: (i)
meet the requirements described in Section 14 of the
Secretary of State Act; (ii) pass a qualifying examination as
prescribed by the Director of Personnel within 6 months after
the effective date of this amendatory Act of the 93rd General
Assembly; and (iii) satisfactorily complete their respective
probationary periods. The qualifying examination for
inspectors shall be similar to those required for entrance
examinations for comparable positions in the Office of the
Secretary of State. Inspectors shall be appointed without
regard to eligible lists. Nothing in this subsection
precludes the Office of the Secretary of State from
reclassifying or reallocating employees who would otherwise
qualify as inspectors.
(3) All other such employees subject to the provisions
of this Act shall be continued in their respective positions
if they pass a qualifying examination prescribed by the
Director within 9 months from the effective date of this Act,
and satisfactorily complete their respective probationary
periods. Such qualifying examinations shall be similar to
those required for entrance examinations for comparable
positions in the Office of the Secretary of State.
Appointments of such employees shall be without regard to
eligible lists. Nothing herein precludes the
reclassification or reallocation as provided by this Act of
any position held by such incumbent.
(4) Nothing in this Act shall be construed to prejudice,
reduce, extinguish or affect the rights or privileges
determined through judicial process to have been conferred on
any present or past employee under the Illinois Personnel
Code. In the event that any court of competent jurisdiction
shall determine that present or past employees of the
Secretary of State have any rights arising from the Illinois
Personnel Code, those rights shall be recognized under this
Act.
(5) Any person who, as a result of any court order,
court approved stipulation or settlement, has any employment
or re-employment rights prior to the effective date of this
Act shall continue to have such rights after the effective
date of this Act.
(Source: P.A. 80-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.