SB3965 96TH GENERAL ASSEMBLY

LRB096 24159 RLJ 43594 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3965

Introduced 11/4/2010, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

70 ILCS 3605/27	from Ch. 111 2/3, par. 327
70 ILCS 3605/42.5 new
70 ILCS 3615/3.02	from Ch. 111 2/3, par. 703.02
70 ILCS 3615/3.07 new
740 ILCS 174/5

Amends the Metropolitan Transit Authority Act. Provides for the appointment of a Chicago Transit Authority Inspector General for a 4-year term for the purpose of detection and prevention of fraud and mismanagement in the Chicago Transit Authority. Provides that the jurisdiction of the Chicago Transit Authority Inspector General does not include the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, duties, and reporting requirements of the Chicago Transit Authority Inspector General. Amends the Regional Transportation Authority Act. Provides for the appointment of a Regional Transportation Authority Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Regional Transportation Authority, the Commuter Rail Division, the Suburban Bus Division, and the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, jurisdiction, duties, and reporting requirements of the Regional Transportation Authority Inspector General. Requires that the Board of Directors of the Regional Transportation Authority appoint an ethics officer. Amends the Whistleblower Act. Provides that "employer" includes the Office of the Regional Transportation Authority Inspector General. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Metropolitan Transit Authority Act is amended by changing Section 27 and adding Section 42.5 as follows:

(70 ILCS 3605/27) (from Ch. 111 2/3, par. 327)

Sec. 27. Officers; police protection.

(a) The Board may appoint an Executive Director who shall be a person of recognized ability and experience in the operation of transportation systems to hold office during the pleasure of the Board. The Executive Director shall have management of the properties and business of the Authority and the employees thereof, subject to the general control of the Board, shall direct the enforcement of all ordinances, resolutions, rules and regulations of the Board, and shall perform such other duties as may be prescribed from time to time by the Board. The Board may appoint a General Counsel and a Chief Engineer, and shall provide for the appointment of other officers, attorneys, engineers, consultants, agents and employees as may be necessary for the construction, extension, operation, maintenance, and policing of its properties. It shall define their duties and require bonds of such of them as the Board may designate. The Executive Director, General Counsel, Chief Engineer, and all other officers provided for pursuant to this section shall be exempt from taking and subscribing any oath of office. The compensation of the Executive Director, General Counsel, Chief Engineer, and all other officers, attorneys, consultants, agents and employees shall be fixed by the Board.

(b) In the policing of its properties the Board may provide for the appointment and maintenance, from time to time, of such police force as it may find necessary and practicable to aid and supplement the police forces of any municipality in the protection of its property and the protection of the persons and property of its passengers and employees, or otherwise in furtherance of the purposes for which such Authority was organized. The members of such police force shall have and exercise like police powers to those conferred upon the police of cities. Neither the Authority, the members of its Board nor its officers or employees shall be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons or for the failure to apprehend criminals.

(c) The Office of the Chicago Transit Authority Inspector General may provide for the appointment and maintenance of a police force to assist the Chicago Transit Authority Inspector General in performing the duties imposed under Section 42.5. The Office of the Inspector General, in consultation with the General Counsel, must develop policies and procedures for the exercise of the police powers authorized under this Section. The Secretary of the Authority must create and maintain a written list of all employees of the Office of the Chicago Transit Authority that are authorized to exercise police powers. Before an employee may exercise the police powers authorized under this Section, the employee must complete the basic police training course approved by the Illinois Law Enforcement Training Standards Board and the Inspector General must submit to the Secretary of the Authority that employee's name for inclusion on the list of employees authorized to exercise police powers.

(Source: P.A. 84-939; 87-597.)

(70 ILCS 3605/42.5 new)

Sec. 42.5. Chicago Transit Authority Inspector General.

(a) The Office of the Chicago Transit Authority Inspector General is created as an independent office of the Authority. The Office of the Chicago Transit Authority Inspector General shall include an Inspector General and deputies, assistants, and other employees as may be necessary. The Chicago Transit Authority Inspector General shall be appointed to a 4-year term by a majority vote of the Board and shall be responsible for the operation and management of the Office of the Chicago Transit Authority Inspector General. The Chicago Transit Authority Inspector General may be removed from office before the expiration of his or her term only for cause by an affirmative vote of a majority of the members of the Board. A vacancy in office shall be filled in the same manner as an appointment.

(b) In addition to other powers conferred in this Section, the Chicago Transit Authority Inspector General has the following powers and duties:

(1) To promote economy, efficiency, effectiveness, and integrity in the administration of the Authority's programs and operations by reviewing programs, identifying any inefficiencies, waste, and potential for misconduct therein, and recommending policies and methods for the elimination of inefficiencies and waste, and for the prevention of misconduct.

(2) To receive and register complaints and information concerning waste, fraud, and abuse within the Authority.

(3) To investigate and audit the conduct and performance of the Authority's officers, employees, agents, and contractors, and the Authority's functions and programs, in order to detect and prevent waste, fraud, and abuse within the programs and operations of the Authority.

(4) To report to the Board concerning the results of investigations conducted by the Office of the Chicago Transit Authority Inspector General as required by this Section.

(5) To request and receive information related to an investigation or audit from any officer, employee, agent, or contractor of the Authority.

(6) To request that the Board conduct public hearings in furtherance of an investigation or audit undertaken pursuant to this Section.

(7) To subpoena witnesses for purposes of examination and the production of documents and other items for inspection or duplication pertinent to an investigation or audit.

(c) The powers and duties of the Chicago Transit Authority Inspector General shall extend, except as otherwise limited in this Section, to the conduct of the following:

(1) all officers of the Authority in the performance of their official duties;

(2) all employees of the Authority in the performance of their official duties;

(3) all agents acting on behalf of the Authority; and

(4) all contractors providing, or seeking to provide, goods or services to the Authority pursuant to a contract.

The powers and duties of the Chicago Transit Authority Inspector General do not apply to any member of the Board. If the Office of the Chicago Transit Authority Inspector General receives a complaint alleging misconduct, inefficiency, or waste by any member of the Board, then the Chicago Transit Authority Inspector General shall submit the complaint to the Regional Transportation Authority Inspector General, the Chair of the Board, and any appropriate law enforcement agency.

(d) Upon conclusion of an investigation or audit, the Chicago Transit Authority Inspector General shall issue a summary report. The summary report shall be submitted to the Chair of the Board and a copy provided to the Executive Director. After reviewing the summary report, the Board may, in its discretion, provide the summary report to the head of any department affected by or involved in the investigation or audit. The summary report shall include the following: (i) a description of any complaints or other information received by the Inspector General pertinent to the investigation or audit; (ii) a description of any misconduct or any waste, fraud, or abuse observed or discovered in the course of the investigation or audit; (iii) recommendations for the correction of any misconduct or any waste, fraud, or abuse described in the report; and (iv) any other information the Chicago Transit Authority Inspector General deems relevant to the investigation or audit or any resulting recommendations. The summary report shall not mention the name of any informant, complainant, witness, or person investigated, unless otherwise authorized by the Chair of the Board.

No later than the fifteenth day of January, April, July, and October of each year, the Chicago Transit Authority Inspector General shall file with the Chair of the Board, and provide a copy to the Executive Director, a quarterly report, accurate as of the last day of the preceding month, indicating the number of investigations and audits initiated since the date of the last quarterly report, the number of investigations and audits concluded since the last quarterly report, and the number of investigations and audits pending as of the reporting date. The quarterly report shall also include the number of investigations and audits of the conduct of officers, employees, and agents of the Authority, and the number of investigations and audits of the conduct of contractors providing, or seeking to provide, goods or services to the Authority. The quarterly report shall identify any investigation or audit that has not been completed within 6 months, and shall state the reasons for failure to complete the investigation or audit within 6 months. The quarterly report shall set forth the number of investigations and audits involving alleged misconduct, and the number of investigations and audits involving alleged waste or inefficiency. The Chicago Transit Authority Inspector General shall provide a copy of the quarterly report to the Executive Director.

No later than the first day of February of each year, the Chicago Transit Authority Inspector General shall file with the Board an annual report, accurate as of the last day of the preceding year, including the following information: (i) a consolidated version of all information provided in that year's quarterly reports; (ii) a consolidated version of that year's summary reports; (iii) a description of any actual or potential waste, fraud, and abuse within the Authority; (iv) recommendations to the Board of policies and methods for the elimination or prevention of waste, fraud, and abuse; and (v) any additional information that the Inspector General deems appropriate. The Chicago Transit Authority Inspector General shall provide a copy of the annual report to the Executive Director.

The Chicago Transit Authority Inspector General shall provide copies of the quarterly reports described in paragraph (2) of this subsection (d) and the annual report described in paragraph (3) of this subsection (d) to the Inspector General of the Regional Transportation Authority. The Inspector General of the Regional Transportation Authority has the power to review the activities and inspect the files and reports of the Chicago Transit Authority Inspector General.

(e) All files and reports of the Office of the Chicago Transit Authority Inspector General shall be confidential and may not be divulged to any person or agency, except: (i) to appropriate federal, state, or local law enforcement authorities, (ii) to the Inspector General of the Regional Transportation Authority, (iii) as authorized by the Board, or (iv) as otherwise required by law.

(f) The Chicago Transit Authority Inspector General is authorized to issue public statements concerning an investigation that exonerates an individual who is publicly known to have been under investigation if the subject requests such a statement.

(g) Every officer, employee, agent, and contractor of the Authority has a duty to cooperate fully and expeditiously with the Chicago Transit Authority Inspector General in any investigation or audit undertaken pursuant to this Section. No person shall retaliate against, punish, or penalize any other person for complaining to, cooperating with, or assisting the Office of the Chicago Transit Authority Inspector General in the performance of its duties.

(h) On the effective date of this amendatory Act of the 96th General Assembly, the powers and duties of the Office of the Inspector General created by Chicago Transit Authority Ordinance Number 99-173 are transferred to the Office of the Chicago Transit Authority Inspector General created under this Section. The status and rights of the employees of the Office of the Inspector General created by Chicago Transit Authority Ordinance Number 99-173 shall not be affected by the transfer of those power and duties to the Office of the Chicago Transit Authority Inspector General. All records, documents, and contracts of the Office of the Inspector General created by Chicago Transit Authority Ordinance Number 99-173 are also transferred by this amendatory Act of the 96th General Assembly to the Office of the Chicago Transit Authority Inspector General.

This Section does not affect any act completed, ratified, or canceled, or any right occurring or established, before the effective date of this amendatory Act of the 96th General Assembly in connection with any power or duty transferred under this amendatory Act of the 96th General Assembly. This Section does not affect any action or proceeding had or commenced before the effective date of this amendatory Act of the 96th General Assembly in an administrative, civil, or criminal cause regarding any power or duty transferred under this amendatory Act of the 96th General Assembly, but any such action or proceeding may be continued by the Office of the Chicago Transit Authority Inspector General.

(i) This Section supersedes the provisions of Chicago Transit Authority Ordinance Number 99-173.

Section 10. The Regional Transportation Authority Act is amended by changing Section 3.02 and adding Section 3.07 as follows:

(70 ILCS 3615/3.02) (from Ch. 111 2/3, par. 703.02)

Sec. 3.02. Chairman and Other Officers. The Chairman shall preside at meetings of the Board, and shall be entitled to vote on all matters. The Board shall select a Secretary and a Treasurer and may select persons to fill such other offices of the Authority and to perform such duties as it shall from time to time determine. The Board must appoint an ethics officer for the Authority. The Secretary, Treasurer and other officers of the Authority may, but need not be, members of the Board.

(Source: P.A. 83-886.)

(70 ILCS 3615/3.07 new)

Sec. 3.07. Regional Transportation Authority Inspector General.

(a) The Office of the Regional Transportation Authority Inspector General is created for the purpose of detection, deterrence, and prevention of fraud, corruption, waste, and mismanagement in the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, and the Board of Directors of the Chicago Transit Authority. The Regional Transportation Authority Inspector General shall head the Office and shall be appointed by a 7-member committee known as the Selection Committee. The Selection Committee shall be composed of:

(1) Two persons designated by the Cook County State's Attorney, one of which may be the Cook County State's Attorney. One member shall reside within the corporate limits of the City of Chicago and one shall reside in Cook County but outside the corporate limits of the City of Chicago.

(2) The DuPage County State's Attorney or his or her designee, who shall reside in DuPage County.

(3) The Kane County State's Attorney or his or her designee, who shall reside in Kane County.

(4) The Lake County State's Attorney or his or her designee, who shall reside in Lake County.

(5) The McHenry County State's Attorney or his or her designee, who shall reside in McHenry County.

(6) The Will County State's Attorney or his or her designee, who shall reside in Will County.

Within 60 days after the effective date of this amendatory Act of the 96th General Assembly, the Selection Committee shall convene to identify potential candidates to fill the position of Regional Transportation Authority Inspector General. In order to be eligible for consideration for the Regional Transportation Authority position, candidates must meet the qualifications outlined in subsection (b). The Selection Committee shall appoint the Regional Transportation Authority Inspector General by an affirmative vote of at least 5 of the 7 members. The Board, upon direction by the Selection Committee, may contract with a national executive search firm to assist in identifying highly qualified candidates for the Regional Transportation Authority Inspector General position. The costs for contracting with a national executive search firm shall be paid out of the budget for the Office of the Regional Transportation Authority Inspector General as outlined in subsection (h). No member of the Selection Committee may vote to appoint as the Regional Transportation Inspector General: (i) a relative, as defined by item (6) of Section 10-15 of the State Officials and Employees Ethics Act, (ii) himself or herself, or (iii) a person employed by a State's Attorney listed in items (1) through (6) of this subsection (a).

(b) The Regional Transportation Authority 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 7 or more years of cumulative service (i) with a federal, state, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (ii) as a federal, state, or local prosecutor; (iii) as a federal or state judge with a criminal docket; (iv) as a senior manager or executive of a federal, state, or local agency; or (v) representing any combination of (i) through (iv).

(c) The term of the initial Regional Transportation Authority Inspector General shall commence upon appointment and run through June 30, 2015. The initial appointment shall be made within 120 days after the first meeting of the Selection Committee. After the initial term, each Regional Transportation Authority Inspector General shall serve a 5-year term commencing on July 1 of the year of appointment and running through June 30 of the fifth following year. On March 1 of the fifth year of each term of office for the Regional Transportation Authority Inspector General, the Selection Committee shall convene to identify candidates for the position of Regional Transportation Authority Inspector General for the next term in accordance with the provisions of subsection (a). The Selection Committee may reappoint the Regional Transportation Authority Inspector General to one or more subsequent terms.

A vacancy occurring other than at the end of a term shall be filled by the Selection Committee as provided in subsection (a) only for the balance of the term of the Regional Transportation Authority Inspector General whose office is vacant.

Terms shall run regardless of whether the position is filled. The Regional Transportation Authority Inspector General may be removed only for cause and may be removed only by an affirmative vote of at least 5 of the 7 members of the Selection Committee. The Selection Committee must give written notice to the Regional Transportation Authority Inspector General specifying the cause of his or her intended removal. Causes for removal shall include neglect of duty, abuse of power, discrimination, ethical misconduct, a felony conviction, or a felony plea.

(d) The Regional Transportation Authority Inspector General shall have jurisdiction over the following: (i) the Regional Transportation Authority, (ii) the Board of Directors for the Regional Transportation Authority, (iii) the Suburban Bus Division, (iv) the Board of Directors for the Suburban Bus Division, (v) the Commuter Rail Division, (vi) the Board of Directors for the Commuter Rail Division, (vii) the Board of Directors for the Chicago Transit Authority, and (viii) all officers, employes, vendors, subcontractors, and others doing business with the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division. The Regional Transportation Authority Inspector General shall also have access to reports and internal records of the Chicago Transit Authority Office of the Inspector General relevant to any investigation of the Regional Transportation Authority Inspector General.

The jurisdiction of the Regional Transportation Authority Inspector General is to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act or violations of other related laws and rules, except as otherwise provided in this Section. Investigations may be based on complaints from any source, including anonymous sources, and may be self-initiated, without a complaint. The Regional Transportation Authority Inspector General shall refer allegations of misconduct that fall outside the scope of the Regional Transportation Authority Inspector General's jurisdiction to the appropriate law enforcement official, agency, or Inspector General.

(e) If the Regional Transportation Authority Inspector General, upon the conclusion of an investigation, determines that reasonable cause exists to believe that fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act or violations of other related laws and rules, except as otherwise provided in this Section, has occurred, the Regional Transportation Authority Inspector General shall issue a summary report of the investigation. The report shall be delivered to the appropriate individual or entity pursuant to paragraph (4) of subsection (f) of this Section, which shall have 45 days to provide a written response to the report.

(1) The summary report of the investigation shall include the following:

(A) A description of any allegations or other information received by the Regional Transportation Authority Inspector General pertinent to the investigation.

(B) A description of any alleged misconduct discovered in the course of the investigation.

(C) Recommendations for any corrective or disciplinary action or policy changes in response to any alleged misconduct described in the report, including but not limited to discharge.

(D) Other information the Regional Transportation Authority Inspector General deems relevant to the investigation or resulting recommendations.

(2) If the Regional Transportation Authority Inspector General issues a recommendation of corrective or disciplinary action in his or her summary report, then the entity responding to the summary report issued pursuant to this subsection (e) shall describe the corrective or disciplinary action taken, and if different than that recommended by the Regional Transportation Authority Inspector General, the reasons for the different action.

(3) Within 60 days after issuance of a final summary report, the Regional Transportation Authority Inspector General shall make the report and responses issued pursuant to this subsection (e) available to the public by presenting the report and the responses to the appropriate individual or entity pursuant to paragraph (4) of subsection (f) of this Section and by posting the report and responses on the Regional Transportation Authority Inspector General's website. The Regional Transportation Authority Inspector General shall redact information in the summary report and responses issued pursuant to this subsection (e) that may reveal the identity of witnesses, complainants, or informants or if the Regional Transportation Authority Inspector General determines it is appropriate to protect the identity of a person before the report is made public. The Regional Transportation Authority Inspector General may also redact any information that he or she believes should not be made public, taking into consideration the factors set forth in this subsection (e) and subsection (m) and other factors deemed relevant by the Regional Transportation Authority Inspector General, to protect other investigations by the Regional Transportation Authority Inspector General, other inspector general offices, or law enforcement officials or agencies. Prior to publication, the Regional Transportation Authority Inspector General shall permit the respondents and the appropriate individual or entity pursuant to paragraph (4) of subsection (f) of this Section to review the report and the documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report, except that the Regional Transportation Authority Inspector General has the sole and final authority to decide which redactions are made. The Regional Transportation Authority Inspector General may make available to the public any other summary report and any such responses or a redacted version of the report and responses.

(4) If the Regional Transportation Authority Inspector General concludes that there is insufficient evidence to warrant further investigation into a particular matter, then the Regional Transportation Authority Inspector General shall close the investigation. The Regional Transportation Authority Inspector General shall provide to the appropriate individual or entity as set forth in paragraph (4) of subsection (f) a written statement of his or her decision to close the investigation. If possible, the written statement shall also be provided to the person or persons who made the complaint that initiated the investigation. At the request of the subject of the investigation, the Regional Transportation Authority Inspector General shall provide to the subject of the investigation a written statement setting forth his or her decision to close the investigation. Closure by the Regional Transportation Authority Inspector General does not bar the Regional Transportation Authority Inspector General from reopening an investigation if the circumstances warrant.

(f) The Regional Transportation Authority Inspector General shall:

(1) Have access to all information, records, equipment, personnel, and agency premises necessary to perform the duties of the office.

(2) Have the power to request information related to an investigation from any person if the Regional Transportation Authority Inspector General deems that information is relevant to an investigation.

(3) Have the power to subpoena witnesses and compel the production of books, papers, electronic records, and equipment pertinent to an investigation authorized by this Section. A subpoena may be issued under this paragraph (3) only by the Regional Transportation Authority Inspector General and not by members of the Regional Transportation Authority Inspector General's staff. Any person subpoenaed by the Regional Transportation Authority Inspector General has the same rights, under Illinois law, as a person subpoenaed by a grand jury. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of the labor organization relate to the function of representing an employee subject to investigation under this Section. Subject to a person's privilege against self-incrimination, any person who fails to appear in response to a subpoena, answer any question, or produce any books or papers pertinent to an investigation under this Section, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Section is guilty of a Class A misdemeanor.

In the case of a refusal to comply with a subpoena issued to any person, the Regional Transportation Authority Inspector General may make application to any circuit court of this State which shall have jurisdiction to order the witness to appear before the Regional Transportation Authority Inspector General and to produce evidence if so ordered, or to give testimony touching on the matter in question.

In any proceeding seeking enforcement of a subpoena issued by the Regional Transportation Authority Inspector General pursuant to paragraph (3) of this subsection (f), the Regional Transportation Authority Inspector General shall obtain legal representation from the Illinois Attorney General.

Whenever the Attorney General is sick or absent, or unable to attend, or is interested in the matter for which he or she represents the Regional Transportation Authority Inspector General, upon filing of a petition under seal by any person with standing, the Supreme Court (or any other court of competent jurisdiction as designated and determined by rule of the Supreme Court) may appoint some competent attorney to prosecute or defend that matter or proceeding, and the attorney so appointed shall have the same power and authority in relation to that matter or proceeding as the Attorney General would have had if present and attending to the same.

Except as otherwise provided in this Section, attorneys representing the Regional Transportation Authority Inspector General shall be appointed or retained by the Attorney General, shall be under the supervision, direction, and control of the Attorney General, and shall serve at the pleasure of the Attorney General. The compensation of any attorneys appointed or retained in accordance with this subsection (f) shall be paid by the Office of the Regional Transportation Authority Inspector General.

(4) Submit reports as required by this Section and applicable administrative rules. Final reports and recommendations shall be submitted to the Executive Director and members of the Board of Directors of the Regional Transportation Authority. Final reports and recommendations shall also be submitted to the Executive Director and members of the Board of Directors of the Commuter Rail Division if the subject of the investigation involves an officer, board member, employee, vendor, or subcontractor of the Commuter Rail Division, or others doing business with the Commuter Rail Division. Final reports and recommendations shall also be submitted to the Executive Director and members of the Board of Directors of the Suburban Bus Division if the subject of the investigation involves an officer, board member, employee, vendor, or subcontractor of the Suburban Bus Division, or others doing business with the Suburban Bus Division. The provisions of this subparagraph do not apply under the following circumstances:

(i) If the investigation involves the Executive Director or any member of the Board of Directors of the Regional Transportation Authority, then final reports and recommendations shall be submitted to the Chair of the Regional Transportation Authority Board.

(ii) If the investigation involves the Chair of the Board of Directors of the Regional Transportation Authority, then final reports and recommendations shall be submitted to the remaining members of the Board of Directors of the Regional Transportation Authority.

(iii) If the investigation involves the Executive Director of the Commuter Rail Division or any member of the Board of Directors of the Commuter Rail Division, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority and to the Chair of the Board of Directors of the Commuter Rail Division.

(iv) If the investigation involves the Chair of the Board of Directors of the Commuter Rail Division, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority.

(v) If the investigation involves the Executive Director of the Suburban Bus Division or any member of the Board of Directors of the Suburban Bus Division, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority and the Chair of the Board of Directors of the Suburban Bus Division.

(vi) If the investigation involves the Chair of the Board of Directors of the Suburban Bus Division, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority.

(vii) If the investigation involves any member of the Board of Directors of the Chicago Transit Authority, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority and to the Chair of the Board of Directors of the Chicago Transit Authority.

(viii) If the investigation involves the Chair of the Board of Directors of the Chicago Transit Authority, then final reports and recommendations shall be submitted to the Board of Directors of the Regional Transportation Authority.

(5) Participate in or conduct, when appropriate, multi-jurisdictional investigations provided that the investigations involve the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, or the Board of the Chicago Transit Authority in some way, including, but not limited to, joint investigations with the Office of the Governor's Executive Inspector General, the Cook County Independent Inspector General, or with state, local, or federal law enforcement authorities.

(6) Serve as the Regional Transportation Authority's primary liaison with law enforcement, investigatory, and prosecutorial agencies for investigations undertaken by the Regional Transportation Authority Inspector General pursuant to this Section. In that capacity, the Regional Transportation Authority Inspector General may 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.

(7) Review hiring and employment files of the Regional Transportation Authority, the Suburban Bus Division, and the Commuter Rail Division to ensure compliance with Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), and with all applicable employment laws.

(8) Establish a policy that ensures the appropriate handling and correct recording of all investigations conducted by the Office of the Regional Transportation Authority Inspector General, in order that individuals seeking to report suspected wrongdoing are familiar with the process and that the subjects of investigations are treated fairly. A written copy of the policy shall be made accessible on the Regional Transportation Authority Inspector General's website.

(9) Receive and investigate complaints or information concerning the possible existence within the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, or the Board of the Chicago Transit Authority of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act or violations of other related laws and rules, except as otherwise provided in this Section. Any employee of the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division who knowingly files a false complaint or files a complaint with reckless disregard for the truth or falsity of the facts underlying the complaint may be subject to discipline under the disciplinary procedures of the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division, as applicable.

(10) Coordinate with the Regional Transportation Authority's Ethics Officer in the development of ethics training specific to the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, and the members of the Board of the Chicago Transit Authority. The ethics training must be conducted on a regular basis for Board members, officers, and employees of the Regional Transportation Authority, the Suburban Bus Division, and the Commuter Rail Division. The ethics training must also be conducted on a regular basis for members of the Board of the Chicago Transit Authority. The training shall include, at a minimum, a review of the following: (i) the process for filing a complaint with the Regional Transportation Authority Inspector General and (ii) the scope of the Regional Transportation Authority Inspector General's authority under this Section.

(11) Review, coordinate, and recommend methods and procedures to increase the integrity of the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, and the Board of the Chicago Transit Authority.

For purposes of this subsection (f), the term "persons" shall mean entities or individuals as specified in subsection (d).

(g) Within 6 months after appointment, the initial Regional Transportation Authority Inspector General shall propose rules 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 establish the process, contents, and timing for summary reports and recommendations issued by the Regional Transportation Authority Inspector General and for the responses to the summary reports and recommendations issued by the appropriate individual or entity pursuant to paragraph (4) of subsection (f). The rules must also clarify how the Office of the Regional Transportation Authority Inspector General shall interact with other local, state, and federal law enforcement authorities and investigations. The rules shall provide that investigations and inquiries by the Office of the Regional Transportation Authority Inspector General must be conducted in compliance with the provisions of any collective bargaining agreement that applies to the affected employees of the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division and that any recommendation for discipline or other action against any employee by the Office of the Regional Transportation Authority Inspector General must comply with the provisions of any applicable collective bargaining agreement.

(h) The Office of the Regional Transportation Authority Inspector General shall be an independent office of the Regional Transportation Authority. Within its annual budget, the Board shall provide a clearly delineated budget for the Office of the Regional Transportation Authority Inspector General. The budget of the Office of the Regional Transportation Authority Inspector General shall be adequate to support an independent and effective office. The budget may not be less than $2,000,000, not including start-up expenses, in the initial year of the office. Except with the consent of the Regional Transportation Authority Inspector General, the Board shall not reduce the budget of the Office of the Regional Transportation Authority Inspector General by more than 10% (i) within any fiscal year or (ii) over the 5-year term of any Regional Transportation Authority Inspector General. To the extent allowed by law and the Board's policies, the Regional Transportation Authority Inspector General shall have sole responsibility for organizing and staffing the Office of the Regional Transportation Authority Inspector General within the budget established by the Board, including the recruitment, supervision, and discipline of the employees of that office. The Regional Transportation Authority Inspector General shall report directly to the Board with respect to the prompt and efficient operation of the Office of the Regional Transportation Authority Inspector General.

For the purposes of this subsection (h), "start-up expenses" include, but are not limited to, information technology equipment and infrastructure, website development, and executive search firm services.

(i) No Regional Transportation Authority Inspector General or employee of the Office of the Regional Transportation Authority Inspector General 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 public office or elected office or position or actively participate in any campaign for any elective office.

As used in this subsection (i), "appointed public office" means a position authorized by law that is filled by an appointing authority as provided by law and does not include employment by hiring in the ordinary course of business.

(i-5) No Regional Transportation Authority Inspector General or employee of the Office of the Regional Transportation Authority Inspector General may, for one year after the termination of his or her appointment or employment:

(1) become a candidate for any elective office;

(2) hold any elected public office; or

(3) hold any appointed State, county, or local judicial office.

The requirements of item (3) of this subsection may be waived by the Selection Committee.

(j) All members of the Board of directors for the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, and the Chicago Transit Authority, and all officers, employees, vendors, subcontractors, and others doing business with the Regional Transportation Authority, the Suburban Bus Division, and the Commuter Rail Division have a duty to cooperate with the Regional Transportation Authority Inspector General and employees of the Office of the Regional Transportation Authority Inspector General in any investigation undertaken pursuant to this Section. Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements. Failure to cooperate with an investigation pursuant to this Section is grounds for disciplinary action, including termination of employment. Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.

(k) All members of the Board of directors for the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division, and the Chicago Transit Authority and all officers and employees of the Regional Transportation Authority, the Suburban Bus Division, and the Commuter Rail Division have a duty to report, directly and without undue delay, to the Regional Transportation Authority Inspector General's Office any information concerning conduct which they know or should reasonably know to involve corruption or other criminal activity by (i) a Board member, officer, employee, vendor, subcontractor, or others doing business with the Regional Transportation Authority, Suburban Bus Division, or Commuter Rail Division or (i) a Board member of the Chicago Transit Authority. Failure to report corrupt or other criminal activity to the Regional Transportation Authority Inspector General's Office is grounds for disciplinary action, including termination of employment.

(l) The Regional Transportation Authority Inspector General shall establish and maintain an independent public website and whistleblower hotline. A report made through the Regional Transportation Authority Inspector General's website or to the whistleblower hotline shall be considered a report to the Office of the Regional Transportation Authority Inspector General.

(m) The identity of any individual providing information to or reporting any possible or alleged fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act or violations of other related laws and rules, except as otherwise provided in this Section, to the Regional Transportation Authority Inspector General shall be kept confidential, unless the individual consents to disclosure of his or her name or unless disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

Subject to the provisions of subsection (e) of this Section, the Regional Transportation Authority Inspector General, and employees and agents of the Office of the Regional Transportation Authority Inspector General, shall keep confidential and shall not disclose information exempted from disclosure under the Freedom of Information Act or by this Act.

(n) If the Regional Transportation Authority Inspector General determines that any alleged misconduct involves any person not subject to the jurisdiction of the Regional Transportation Authority Inspector General, then the Regional Transportation Authority Inspector General shall refer the reported allegations to the appropriate inspector general, appropriate ethics commission, or other appropriate law enforcement authority. If the Regional Transportation Authority Inspector General determines that any alleged misconduct may give rise to criminal penalties, then the Regional Transportation Authority Inspector General may refer the allegations to the appropriate law enforcement authority. If a Regional Transportation Authority Inspector General determines that any alleged misconduct resulted in the loss of public funds in an amount of $5,000 or greater, then the Regional Transportation Authority Inspector General shall refer the allegations regarding that misconduct to the Attorney General, the relevant State's Attorney, and any other appropriate law enforcement authority.

(o) The Regional Transportation Authority Inspector General shall provide to the Board a summary of reports and investigations made under this Section no later than March 31 and September 30 of each year. The summaries shall detail the final disposition of the Regional Transportation Authority Inspector General's recommendations. The summaries shall also include detailed recommended administrative actions and matters for consideration by the Board. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries required under this subsection shall be posted on the Regional Transportation Authority Inspector General's website.

(p) Any investigation or inquiry by the Regional Transportation Authority Inspector General or any agent or representative of the Regional Transportation Authority Inspector General must be conducted in accordance with the rights of the employees as set forth in State and federal law and applicable judicial decisions. Any recommendations for corrective or disciplinary action toward any employee by the Regional Transportation Authority Inspector General or any representative or agent of the Regional Transportation Authority Inspector General must comply with the provisions of any collective bargaining agreement that may apply to the employee.

(q) Nothing in this Section shall diminish the rights, privileges, or remedies of a State employee or any employee of the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division under any other federal or State law, rule, or regulation or under any collective bargaining agreement.

(r) If a complaint is made in which the Regional Transportation Authority Inspector General or an employee of the Office of the Regional Transportation Authority Inspector General could be reasonably deemed to be the subject or that presents a conflict of interest for the Regional Transportation Authority Inspector General or an employee of the Regional Transportation Authority Inspector General, then the Regional Transportation Authority Inspector General shall, as appropriate, refer the matter to the State's Attorney with jurisdiction, the Illinois Attorney General, the United States Attorney, or other appropriate law enforcement official or agency.

(s) The Office of the Regional Transportation Authority Inspector General shall be subject to peer review every 3 years by a qualified association selected by the Section Committee. The peer review shall be paid for from funds appropriated to the Office of the Regional Transportation Authority Inspector General. The Chair of the Board of Directors for the Regional Transportation Authority shall provide the written report from the peer review to the Board of Directors for the Regional Transportation Authority and the Selection Committee, and post the report on the Regional Transportation Authority Inspector General's website.

Section 15. The Whistleblower Act is amended by changing Section 5 as follows:

(740 ILCS 174/5)

Sec. 5. Definitions. As used in this Act:

"Employer" means: an individual, sole proprietorship, partnership, firm, corporation, association, and any other entity that has one or more employees in this State, including a political subdivision of the State; a unit of local government; a school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts; a community college district, State college or university, or any State agency whose major function is providing educational services; any authority including a department, division, bureau, board, commission, or other agency of these entities; the Office of the Regional Transportation Authority Inspector General; and any person acting within the scope of his or her authority express or implied on behalf of those entities in dealing with its employees.

"Employee" means any individual who is employed on a full-time, part-time, or contractual basis by an employer. "Employee" also includes, but is not limited to, a licensed physician who practices his or her profession, in whole or in part, at a hospital, nursing home, clinic, or any medical facility that is a health care facility funded, in whole or in part, by the State.

(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)

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