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91_SB1637
LRB9112861MWdv
1 AN ACT to amend the Department of Veterans Affairs Act by
2 adding Section 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Department of Veterans Affairs Act is
6 amended by adding Section 15 as follows:
7 (20 ILCS 2805/15 new)
8 Sec. 15. Inspector General.
9 (a) The Governor shall nominate and, with the advice and
10 consent of the Senate, appoint an Inspector General, who
11 shall function within the Department and report to the
12 Director and the Governor. The Inspector General shall
13 review the operations and financial condition of each
14 Illinois veterans home; review the operation and financial
15 condition of veterans' programs receiving State moneys,
16 including, but not limited to, County Veterans Assistance
17 Commissions and veteran's memorials; and investigate
18 allegations of misconduct by Department employees.
19 The Inspector General must adopt rules establishing the
20 minimum requirements for (i) the conduct of reviews,
21 including reviews conducted at the request of the Governor or
22 members of the General Assembly, (ii) reporting allegations
23 of misconduct, and (iii) initiating, conducting, and
24 completing investigations and reviews. The rules must
25 establish a toll-free telephone number for the purpose of
26 identifying alleged wrongdoing regarding veterans' programs.
27 The telephone number must be posted at every Illinois
28 veterans home, in all Department offices, and at each County
29 Veterans Assistance Commission in clear view of all residents
30 and employees and the public. The adopted rules must clearly
31 set forth that in instances where 2 or more State agencies
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1 could investigate an allegation of misconduct, the Inspector
2 General may not conduct an investigation that is redundant to
3 an investigation conducted by another State agency. 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 need not be limited to,
7 site visits, telephone contacts, or requests for written
8 responses from agencies. Any allegations or investigations
9 made pursuant to this Section, and the identity of any
10 individual requesting a review or investigation, shall remain
11 confidential until a final report is completed. Final
12 reports regarding unsubstantiated or unfounded allegations
13 must remain confidential.
14 The Inspector General shall be appointed for a term of 4
15 years.
16 (b) The Inspector General must, within 24 hours after
17 receiving a request for a review or a report of suspected
18 misconduct, determine whether the evidence indicates that any
19 possible criminal act has been committed. If he or she
20 determines that a possible criminal act has been committed,
21 or that special expertise is required in the investigation,
22 the Inspector General must immediately notify the Department
23 of State Police. The Department of State Police shall
24 investigate any report indicating a possible murder, rape, or
25 other felony. All investigations conducted by the Inspector
26 General must be conducted in a manner designed to ensure the
27 preservation of evidence for possible use in a criminal
28 prosecution.
29 (c) The Inspector General must make a determination to
30 accept or reject a preliminary report of the investigation of
31 alleged wrongdoing based on established investigative
32 procedures. The employee, veterans home, or veterans'
33 program may request clarification or reconsideration based on
34 additional information. For cases where the alleged
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1 wrongdoing is substantiated, the Inspector General must
2 require a written response from the veterans home or
3 veterans' program. The written response must address, in a
4 concise and reasoned manner, the actions that will be taken
5 to prevent future misconduct or wrongdoing.
6 The Inspector General must, within 10 calendar days after
7 the transmittal date of a completed investigation where
8 wrongdoing is substantiated or administrative action is
9 recommended, provide a complete report on the case to the
10 Director and to the veterans home or program in which the
11 wrongdoing is alleged to have happened. If the investigation
12 was conducted at the request of the Governor or a member of
13 the General Assembly, the Inspector General must also provide
14 the report to the Governor or to the member of the General
15 Assembly who requested the investigation.
16 The complete report must include the written response to
17 the Inspector General that addresses the actions that will be
18 taken to prevent future misconduct or wrongdoing and must
19 include implementation and completion dates for those
20 actions.
21 The Director must accept or reject the response and must
22 establish how the Department will determine whether the
23 veterans home or veterans' program followed the approved
24 response. The Director may require Department personnel to
25 visit the veterans home or veterans' program for training,
26 technical assistance, programmatic, or certification
27 purposes. Administrative action, including sanctions, may be
28 applied if the Director rejects the response or if the
29 veterans home or veterans' program fails to follow the
30 approved response. There must be an appeals process for any
31 person, veterans home, or veterans' program that is subject
32 to any action based upon a recommendation of the Inspector
33 General.
34 (d) The Inspector General may recommend to the
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1 Department sanctions to be imposed against a veterans home or
2 veterans' program under the jurisdiction of the Department,
3 including the appointment of on-site monitors or receivers,
4 the transfer or relocation of residents, and the closure of
5 units. The Inspector General may seek the assistance of the
6 Attorney General or any of the State's Attorneys in imposing
7 the sanctions.
8 (e) The Inspector General must establish and conduct
9 periodic training programs for Department employees
10 concerning the prevention and reporting of misconduct.
11 (f) The Inspector General must at all times be granted
12 access to any veterans home operated by the Department, must
13 establish and conduct unannounced site visits to those homes
14 at least once each calendar year, and must be granted access,
15 for the purpose of reviewing the operation and financial
16 condition of the facility or program or of investigating
17 employee misconduct, to each facility or program funded by
18 the Department that is subject to the provisions of this
19 Section.
20 (g) The Inspector General may make any recommendations
21 he or she deems necessary for improving the operations of
22 veterans' programs to the Director and the General Assembly.
23 (h) In addition to all other causes of action,
24 penalties, or other remedies provided by law, any State
25 officer or employee who intentionally engages in acts of
26 reprisal, retaliation, threats, coercion, or similar acts
27 against a person making an allegation of wrongdoing, in good
28 faith, that is supported by the Inspector General's
29 investigation or review shall be liable in an action for
30 damages brought against him or her by the injured party.
31 Punitive damages may be awarded by the circuit court if the
32 acts of the offending party are proven to be malicious. The
33 injured party may also be awarded reasonable attorneys' fees.
34 (i) Nothing in this Section limits investigations by the
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1 Department that are otherwise required by law or that are
2 necessary in the Department's capacity as the central
3 administrative authority responsible for the operation of
4 Illinois veterans homes.
5 Section 99. Effective date. This Act takes effect on July
6 1, 2001.