Illinois Compiled Statutes
5 ILCS 430/ - State Officials and Employees Ethics Act.
Article 25 - Legislative Ethics Commission and Legislative Inspector General

(5 ILCS 430/Art. 25 heading)


 
(5 ILCS 430/25-5)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the
President and Minority Leader of the Senate and the Speaker and Minority Leader
of the House of Representatives.
The terms of the initial commissioners shall commence upon qualification.
Each appointing authority shall designate one appointee who
shall serve for a 2-year term running through
June 30, 2005.
Each appointing authority shall designate one appointee who
shall serve for a
4-year term running through June 30, 2007.
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.
A vacancy shall occur upon a commissioner's death, resignation, removal, disqualification, termination of legislative service in the house or caucus of the appointing authority, or other inability to act. 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 may
appoint commissioners who are members of the General Assembly as well as
commissioners from the general public.
A commissioner who is a member of the General Assembly must recuse himself or
herself from participating in any matter relating to any investigation or
proceeding in which he or she is the subject or is a complainant.
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 a
relative of the appointing authority, (iv) is a State officer or employee
other than a member of the General Assembly, or (v) is a candidate for statewide, federal, or judicial office.
(c-5) If a commissioner is required to recuse himself or herself from participating in a matter as provided in subsection (c), the recusal shall create a temporary vacancy for the limited purpose of consideration of the matter for which the commissioner recused himself or herself, and the appointing authority for the recusing commissioner shall make a temporary appointment to fill the vacancy for consideration of the matter for which the commissioner recused himself or herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General Assembly regarding events occurring during a member's term of office and
current and former State
employees regarding events occurring during any period of employment where the State employee's ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations Commission, or (iii) the
Joint Committee on Legislative Support Services. The Legislative Ethics Commission shall have jurisdiction over complainants and respondents in violation of subsection (d) of Section 25-90. The jurisdiction of the
Commission is limited to matters arising under this Act.
An officer or executive branch State employee serving on a legislative branch board or commission remains subject to the jurisdiction of the Executive Ethics Commission and is not subject to the jurisdiction of the Legislative Ethics Commission.
(e) The Legislative Ethics Commission must meet, either
in person or by other technological means, monthly or as
often as necessary. At the first meeting of the Legislative
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
the call
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
no compensation but
may be
reimbursed for their reasonable expenses actually incurred in the
performance of their duties.
(f) No commissioner, other than a commissioner who is a member of the
General
Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or employment:
(f-5) No commissioner who is a member of the General Assembly may be a candidate for statewide, federal, or judicial office. If a commissioner who is a member of the General Assembly files petitions to be a candidate for a statewide, federal, or judicial office, he or she shall be deemed to have resigned from his or her position as a commissioner on the date his or her name is certified for the ballot by the State Board of Elections or local election authority and his or her position as a commissioner shall be deemed vacant. Such person may not be reappointed to the Commission during any time he or she is a candidate for statewide, federal, or judicial office.
(g) An appointing authority may remove a
commissioner only for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the 4 legislative leaders. The compensation of the Executive Director shall
be as determined by the Commission. The Executive Director of the Legislative
Ethics Commission may employ, subject to the approval of at least 3 of the 4 legislative leaders, and determine the
compensation of staff, as appropriations permit.
(i) In consultation with the Legislative Inspector General, the Legislative Ethics Commission may develop comprehensive training for members and employees under its jurisdiction that includes, but is not limited to, sexual harassment, employment discrimination, and workplace civility. The training may be recommended to the ultimate jurisdictional authorities and may be approved by the Commission to satisfy the sexual harassment training required under Section 5-10.5 or be provided in addition to the annual sexual harassment training required under Section 5-10.5. The Commission may seek input from governmental agencies or private entities for guidance in developing such training.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19; 101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
 
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector General is created.
The Office shall be under the direction and supervision of the
Legislative Inspector General and shall be a fully independent office with its
own appropriation.
(b) The Legislative Inspector General shall be appointed without regard to
political
affiliation and solely on the basis of integrity and
demonstrated ability.
The Legislative Ethics
Commission shall diligently search out qualified candidates for Legislative
Inspector General
and shall make recommendations to the General Assembly. The Legislative Inspector General may serve in a full-time, part-time, or contractual capacity.
The Legislative Inspector General shall be appointed by a joint resolution of
the
Senate and the House of Representatives, which may specify the date on
which the appointment takes effect.
A joint resolution, or other document as may be specified by the
Joint Rules of the General Assembly, appointing the Legislative Inspector
General must be certified by
the Speaker
of the House of Representatives and the President of the Senate as having been
adopted by the
affirmative vote of three-fifths of the members elected to each house,
respectively,
and be filed with the Secretary of State.
The appointment of the Legislative Inspector General takes effect on the day
the
appointment is completed by the General Assembly, unless the appointment
specifies a later date on which it is to become effective.
The Legislative Inspector General shall have the following qualifications:
The Legislative Inspector General may not be a relative of a commissioner.
The term of the initial Legislative Inspector General shall
commence upon qualification and shall run through June 30, 2008.
After the initial term, the Legislative Inspector General shall serve
for 5-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fifth following year. The
Legislative Inspector General may be reappointed to one or more
subsequent terms. Terms shall run regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term shall be filled in the
same manner as an appointment only for the balance of the term of the
Legislative
Inspector General whose office is vacant. Within 7 days of the Office becoming vacant or receipt of a Legislative Inspector General's prospective resignation, the vacancy shall be publicly posted on the Commission's website, along with a description of the requirements for the position and where applicants may apply.
Within 45 days of the vacancy, the Commission shall designate an Acting Legislative Inspector General who shall serve until the vacancy is filled. The Commission shall file the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the Legislative Inspector General or within 30 days of the occurrence of a vacancy in the Office of the Legislative Inspector General, the Legislative Ethics Commission shall establish a four-member search committee within the Commission for the purpose of conducting a search for qualified candidates to serve as Legislative Inspector General. The Speaker of the House of Representatives, Minority Leader of the House, Senate President, and Minority Leader of the Senate shall each appoint one member to the search committee. A member of the search committee shall be either a retired judge or former prosecutor and may not be a member or employee of the General Assembly or a registered lobbyist. If the Legislative Ethics Commission wishes to recommend that the Legislative Inspector General be re-appointed, a search committee does not need to be appointed.
The search committee shall conduct a search for qualified candidates, accept applications, and conduct interviews. The search committee shall recommend up to 3 candidates for Legislative Inspector General to the Legislative Ethics Commission. The search committee shall be disbanded upon an appointment of the Legislative Inspector General. Members of the search committee are not entitled to compensation but shall be entitled to reimbursement of reasonable expenses incurred in connection with the performance of their duties.
Within 30 days after June 8, 2018 (the effective date of Public Act 100-588), the Legislative Ethics Commission shall create a search committee in the manner provided for in this subsection to recommend up to 3 candidates for Legislative Inspector General to the Legislative Ethics Commission by October 31, 2018.
If a vacancy exists and the Commission has not appointed an Acting Legislative Inspector General, either the staff of the Office of the Legislative Inspector General, or if there is no staff, the Executive Director, shall advise the Commission of all open investigations and any new allegations or complaints received in the Office of the Inspector General. These reports shall not include the name of any person identified in the allegation or complaint, including, but not limited to, the subject of and the person filing the allegation or complaint. Notification shall be made to the Commission on a weekly basis unless the Commission approves of a different reporting schedule.
If the Office of the Inspector General is vacant for 6 months or more beginning on or after January 1, 2019, and the Legislative Ethics Commission has not appointed an Acting Legislative Inspector General, all complaints made to the Legislative Inspector General or the Legislative Ethics Commission shall be directed to the Inspector General for the Auditor General, and he or she shall have the authority to act as provided in subsection (c) of this Section and Section 25-20 of this Act, and shall be subject to all laws and rules governing a Legislative Inspector General or Acting Legislative Inspector General. The authority for the Inspector General of the Auditor General under this paragraph shall terminate upon appointment of a Legislative Inspector General or an Acting Legislative Inspector General.
(c) The Legislative Inspector General
shall have jurisdiction over the current and former members of the General Assembly regarding events occurring during a member's term of office and
current and former State employees regarding events occurring during any period of employment where the State employee's ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations Commission, or (iii) the
Joint Committee on Legislative Support Services.
The jurisdiction of each Legislative Inspector General is to investigate
allegations of violations of this Act, violations of other related laws and rules regarding events related to the member's or employee's public duties or use of State office, employment, or resources, or fraud, waste, abuse, mismanagement, misconduct, nonfeasance,
misfeasance,
or malfeasance related to the member's or employee's public duties or use of State office, employment, or resources. The jurisdiction shall not include violations of the Rules of the House of Representatives or the Senate.
The Legislative Inspector General shall have jurisdiction over complainants in violation of subsection (e) of Section 25-63 of this Act.
(d) The compensation of the Legislative Inspector General shall
be the greater of an amount (i) determined by the Commission or (ii) by joint
resolution of the General Assembly passed by a majority of members elected in
each chamber.
Subject to Section 25-45 of this Act, the Legislative Inspector General has
full
authority to organize the Office of the Legislative Inspector General,
including the employment and determination of the compensation of
staff, such as deputies, assistants, and other employees, as
appropriations permit. Employment of staff is subject to the approval of at least 3 of the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the Office of
the Legislative Inspector General may, during his or her term of appointment or
employment:
A full-time Legislative Inspector General shall not engage in the practice of law or any other business, employment, or vocation.
In this subsection an 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.
(e-1) No Legislative Inspector General or employee of the Office of the
Legislative Inspector General may, for one year after the termination of his or
her appointment or employment:
(e-2) The requirements of item (3) of subsection (e-1) may be waived by the
Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector General only for
cause. At the time of the removal, the Commission must report to the General
Assembly the justification for the removal.

(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21; 102-664, eff. 1-1-22.)
 
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission. In addition to
duties otherwise assigned by law, the Legislative Ethics Commission shall have
the following duties:
 
(5 ILCS 430/25-20)
Sec. 25-20. Duties of the Legislative Inspector
General. In addition to duties otherwise assigned by law,
the Legislative Inspector General shall have the following duties:
 
(5 ILCS 430/25-20a)
Sec. 25-20a. Attorney General investigatory authority. In addition to investigatory authority otherwise granted by law, the Attorney General shall have the authority to investigate violations of this Act pursuant to Section 25-50 or Section 25-51 of this Act after receipt of notice from the Legislative Ethics Commission or pursuant to Section 5-45. The Attorney General shall have the discretion to determine the appropriate means of investigation as permitted by law, including (i) the request of information relating to an investigation from any person when the Attorney General deems that information necessary in conducting an investigation; and (ii) the issuance of subpoenas to compel the attendance of witnesses for the purposes of sworn testimony and production of documents and other items for inspection and copying and the service of those subpoenas.
Nothing in this Section shall be construed as granting the Attorney General the authority to investigate alleged misconduct pursuant to notice received under Section 5-45, Section 25-50, or Section 25-51 of this Act, if the information contained in the notice indicates that the alleged misconduct was minor in nature. As used in this Section, misconduct that is "minor in nature" means misconduct that was a violation of office, agency, or department policy and not of this Act or any other civil or criminal law.

(Source: P.A. 96-555, eff. 8-18-09.)
 
(5 ILCS 430/25-21)
Sec. 25-21. Special Legislative Inspectors General.
(a) The Legislative Ethics Commission, on its own initiative and by majority
vote, may appoint special Legislative Inspectors General (i) to investigate
alleged
violations of this Act,
if an investigation by the Inspector General was not concluded within 6 months
after its initiation, where
the
Commission finds that the Inspector General's reasons under Section 25-65 for
failing to complete the investigation are insufficient and (ii) to accept
referrals from the Commission of allegations made pursuant to this Act
concerning the Legislative Inspector General or an employee of the Office of
the Legislative Inspector General and to investigate those allegations.
(b) A special Legislative Inspector General must have the same
qualifications
as the Legislative Inspector General appointed under Section 25-10.
(c) The Commission's appointment of a special Legislative Inspector General
must be in writing and must specify the duration and purpose of the
appointment.
(d) A special Legislative Inspector General shall have the same powers and
duties with respect to the purpose of his or her appointment as the Legislative
Inspector General appointed under Section 25-10.
(e) A special Legislative
Inspector
General shall report the findings of his or her investigation to the
Commission.
(f) The Commission may report the findings of a special Legislative
Inspector
General and its recommendations, if any, to the General Assembly.


(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-23)
Sec. 25-23. Ethics Officers.
The President and Minority Leader of the Senate
and
the Speaker and Minority Leader of the House of Representatives shall each
appoint an ethics officer for the members and employees of his or her
legislative
caucus.
No later than January 1, 2004, the head of each State agency under the
jurisdiction of the
Legislative Ethics Commission, other than the General Assembly, shall
designate an ethics
officer for the State agency.
Ethics Officers shall:
(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-35)
Sec. 25-35. Administrative subpoena; compliance. 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. Nothing in this Section
limits or alters a person's existing rights or protections under State or
federal law.


(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-45)
Sec. 25-45. Standing; representation.
(a) Only the Legislative Inspector General may bring actions before the
Legislative Ethics Commission.
(b) The Attorney General shall represent the Legislative Inspector General
in
all proceedings before the
Commission.
Whenever the Attorney General is sick or
absent, or unable to attend, or is interested in any matter or
proceeding under this Act, upon the 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.
(c) Attorneys representing an Inspector General in
proceedings before the Legislative Ethics Commission, except an attorney
appointed under subsection (b), 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 or subsection (b) shall be paid by the Office of the
Legislative Inspector
General.


(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-50)
Sec. 25-50. Investigation reports.
(a) If the Legislative Inspector General, upon the conclusion of an
investigation, determines that reasonable cause exists to believe that a
violation
has occurred, then
the Legislative Inspector General shall issue a summary report of the
investigation. The report shall be delivered to the
appropriate ultimate jurisdictional
authority, to the head of each State
agency
affected by or involved in the investigation, if appropriate, and the member, if any, that is the subject of the report. The appropriate ultimate jurisdictional authority or agency head and the member, if any, that is the subject of the report shall respond to the summary report within 20 days, in writing, to the Legislative Inspector General. If the ultimate jurisdictional authority is the subject of the report, he or she may only respond to the summary report in his or her capacity as the subject of the report and shall not respond in his or her capacity as the ultimate jurisdictional authority. The response shall include a description of any corrective or disciplinary action to be imposed. If the appropriate ultimate jurisdictional authority or the member that is the subject of the report does not respond within 20 days, or within an extended time as agreed to by the Legislative Inspector General, the Legislative Inspector General may proceed under subsection (c) as if a response had been received. A member receiving and responding to a report under this Section shall be deemed to be acting in his or her official capacity.
(b) The summary report of the investigation shall include the following:
(c) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority or agency head under subsection (a), the Legislative Inspector General shall notify the Commission and the Attorney General if the Legislative Inspector General believes that a complaint should be filed with the Commission. If
the Legislative Inspector General desires to file a
complaint with the Commission, the Legislative Inspector General shall submit the summary report and supporting documents to
the
Attorney General. If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Legislative Inspector General and the Legislative Inspector General shall deliver to the Legislative Ethics Commission a copy of the summary report and response from the ultimate jurisdictional authority or agency head.
If the Attorney General determines
that reasonable cause exists to believe that a violation has occurred, then the
Legislative Inspector
General, represented by the Attorney
General, may file with the Legislative Ethics Commission a complaint.
The complaint shall set
forth the alleged violation and the
grounds that exist to support the complaint. Except as provided under subsection (1.5) of Section 20, the complaint must be filed with the Commission within 12 months after the Legislative Inspector General's receipt of the allegation of the violation or within 18 months after the most recent act of the alleged violation or of a series of alleged violations, whichever is later,
except where there is reasonable cause to believe
that fraudulent concealment has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be an affirmative act or
representation calculated to prevent discovery of the fact that a violation has
occurred.
If a complaint is not filed with the Commission
within 6 months after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the Commission at
which the Attorney General shall appear and provide a status
report to the Commission.
(c-5) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority or agency head under subsection (a), if the Legislative Inspector General does not believe that a complaint should be filed, the Legislative Inspector General shall deliver to the Legislative Ethics Commission a statement setting forth the basis for the decision not to file a complaint and a copy of the summary report and response from the ultimate jurisdictional authority or agency head. The Inspector General may also submit a redacted version of the summary report and response from the ultimate jurisdictional authority if the Inspector General believes either contains information that, in the opinion of the Inspector General, should be redacted prior to releasing the report, may interfere with an ongoing investigation, or identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission believes that further investigation is warranted, the Commission may request that the Legislative Inspector General provide additional information or conduct further investigation. The Commission may also refer the summary report and response from the ultimate jurisdictional authority to the Attorney General for further investigation or review. If the Commission requests the Attorney General to investigate or review, the Commission must notify the Attorney General and the Legislative Inspector General. The Attorney General may not begin an investigation or review until receipt of notice from the Commission. If, after review, the Attorney General determines that reasonable cause exists to believe that a violation has occurred, then the Attorney General may file a complaint with the Legislative Ethics Commission. If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Legislative Ethics Commission and the appropriate Legislative Inspector General.
(d) A copy of the complaint filed with the Legislative Ethics Commission must be served on all respondents named in the
complaint and on each respondent's ultimate jurisdictional authority in
the same manner as process is served under the Code of Civil
Procedure.
(e) A respondent may file objections to the complaint within 30 days after notice of the petition has been
served on the respondent.
(f) The Commission shall meet, at least 30 days after the complaint is served on all respondents either in person or by telephone,
in a closed session to review the sufficiency of the complaint.

The Commission shall
issue notice by certified mail, return receipt requested, to the Legislative Inspector General, the Attorney General, and all respondents of
the Commission's ruling on the sufficiency of the complaint. If the complaint
is deemed to
sufficiently allege a violation of this Act, then the Commission shall
include a hearing date scheduled within 4 weeks after the date of the notice,
unless all of the parties consent to a later date.
If the complaint is deemed not to sufficiently allege a
violation, then
the Commission shall send by certified mail, return receipt requested,
a notice to the Legislative Inspector General, the Attorney General, and all respondents the decision to dismiss the complaint.
(g) On the scheduled date
the Commission shall conduct a closed meeting,
either in person or, if the parties consent, by telephone, on the complaint and
allow all
parties the opportunity to present testimony and evidence.
All such proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the Legislative
Ethics Commission, the Commission shall (i) dismiss the
complaint, (ii) issue a recommendation of discipline to the
respondent and the respondent's ultimate jurisdictional authority, (iii)
impose an administrative fine upon the respondent, (iv) issue injunctive relief as described in Section 50-10, or (v) impose a combination of items (ii) through (iv).
(i) The proceedings on any complaint filed with the Commission
shall be conducted pursuant to rules promulgated by the Commission.
(j) The Commission may designate hearing officers
to conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard of
proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final administrative decision that concludes that a violation occurred, the Legislative Ethics Commission shall make public the entire record of proceedings before the Commission, the decision, any recommendation, any discipline imposed, and the response from the agency head or ultimate jurisdictional authority to the Legislative Ethics Commission.


(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
 
(5 ILCS 430/25-51)
Sec. 25-51. Closed investigations. When the Legislative Inspector General concludes that there is insufficient evidence that a violation has occurred, the Inspector General shall close the investigation. The Legislative Inspector General shall provide the Commission with a written statement of the decision to close the investigation. At the request of the subject of the investigation, the Legislative Inspector General shall provide a written statement to the subject of the investigation of the Inspector General's decision to close the investigation. Closure by the Legislative Inspector General does not bar the Inspector General from resuming the investigation if circumstances warrant. The Commission also has the discretion to request that the Legislative Inspector General conduct further investigation of any matter closed pursuant to this Section, or to refer the allegations to the Attorney General for further review or investigation. If the Commission requests the Attorney General to investigate or review, the Commission must notify the Attorney General and the Inspector General. The Attorney General may not begin an investigation or review until receipt of notice from the Commission.

(Source: P.A. 96-555, eff. 8-18-09.)
 
(5 ILCS 430/25-52)
Sec. 25-52. Release of summary reports.
(a) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in a suspension of at least 3 days or termination of employment, the Legislative Ethics Commission shall make available to the public the report and response or a redacted version of the report and response. The Legislative Ethics Commission may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response.
(b) The Legislative Ethics Commission shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Commission determines it is appropriate to protect the identity of a person before publication. The Commission may also redact any information it believes should not be made public.
Prior to publication, the Commission shall permit the respondents, Legislative Inspector General, and Attorney General to review documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report.
(c) The Legislative Ethics Commission may withhold publication of the report or response if the Legislative Inspector General or Attorney General certifies that publication will interfere with an ongoing investigation.

(Source: P.A. 96-555, eff. 8-18-09.)
 
(5 ILCS 430/25-55)
Sec. 25-55. Decisions; recommendations.
(a) All decisions of the Legislative Ethics Commission
must include a description of the alleged misconduct, the decision of
the Commission, including any fines levied and any recommendation
of discipline, and the reasoning for that decision. All decisions of the
Commission shall be delivered to the head of the appropriate State
agency, the appropriate ultimate jurisdictional authority, and the
Legislative Inspector General. The Legislative Ethics
Commission shall promulgate rules for the decision and
recommendation process.
(b) If the Legislative Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate jurisdictional
authority must respond to that recommendation in 30 days with a
written response to the Legislative Ethics Commission. This
response must include any disciplinary action the agency head or
ultimate jurisdictional authority has taken with respect to the officer or
employee in question. If the agency head or ultimate jurisdictional
authority did not take any disciplinary action, or took a different
disciplinary action than that recommended by the Legislative
Ethics Commission, the agency head or ultimate jurisdictional
authority must describe the different action and explain the reasons for the
different action in the
written response. This response must be served upon the Legislative
Ethics Commission and
the Legislative Inspector General within the 30-day period and is not
exempt from the provisions of the Freedom of Information Act.


(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-60)
Sec. 25-60. Appeals. A decision of the Legislative
Ethics Commission to impose a fine is subject to judicial review
under the Administrative Review Law. All other decisions by the
Legislative Ethics Commission are final and not subject to
review either administratively or judicially.



(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-63)
Sec. 25-63. Rights of persons subjected to discrimination, harassment, or sexual harassment.
(a) As used in this Section, "complainant" means a known person identified in a complaint filed with the Legislative Inspector General as a person subjected to alleged discrimination, harassment, or sexual harassment in violation of Section 5-65 of this Act or Article 2 of the Illinois Human Rights Act, regardless of whether the complaint is filed by the person.
(b) A complainant shall have the following rights:
(c) The complainant shall have the sole discretion in determining whether or not to exercise the rights set forth in this Section. All rights under this Section shall be waived if the complainant fails to cooperate with the Legislative Inspector General's investigation of the complaint.
(d) The notice requirements imposed on the Legislative Inspector General by this Section shall be waived if the Legislative Inspector General is unable to identify or locate the complainant.
(e) (Blank).

(Source: P.A. 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
 
(5 ILCS 430/25-65)
Sec. 25-65. Reporting of investigations.
(a) The Legislative Inspector General shall file a quarterly activity report with the Legislative Ethics Commission that reflects investigative activity during the previous quarter. The Legislative Ethics Commission shall establish the reporting dates. The activity report shall include at least the following:
(b) If
any investigation is not concluded within 6 months after its initiation,
the Legislative Inspector General shall file a 6-month report with the Legislative
Ethics Commission no later than 10 days after the 6th month. The 6-month report shall disclose:
(c) If the Legislative Inspector General has referred an allegation to an appropriate law enforcement agency and continues to investigate the matter, the future reporting requirements of this Section are suspended.

(Source: P.A. 96-555, eff. 8-18-09.)
 
(5 ILCS 430/25-70)
Sec. 25-70. Cooperation in investigations. It is the duty of
every officer and employee under the jurisdiction of the Legislative
Inspector General, including any inspector general serving in any
State agency under the jurisdiction of the Legislative Inspector
General, to cooperate with the Legislative Inspector General and the Attorney General in any
investigation undertaken pursuant to this Act. Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements. Failure to cooperate
with an investigation of the Legislative Inspector General or the Attorney General is grounds
for disciplinary action, including dismissal. Nothing in this Section limits or
alters a person's existing rights or privileges under State or federal law.



(Source: P.A. 100-588, eff. 6-8-18.)
 
(5 ILCS 430/25-80)
Sec. 25-80. Referrals of investigations. If the Legislative
Inspector General determines that any alleged misconduct involves
any person not subject to the jurisdiction of the Legislative
Ethics Commission, the Legislative Inspector General shall refer the
reported allegations to the appropriate ethics commission or other
appropriate body. If the Legislative Inspector General determines that
any alleged misconduct may give rise to criminal penalties, the
Legislative Inspector General may refer the allegations regarding that
misconduct to the appropriate law enforcement authority.


(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-85)
Sec. 25-85. Quarterly reports by the Legislative Inspector General.
The Legislative Inspector General shall submit quarterly
reports of claims within his or her jurisdiction filed with the Office of the Legislative Inspector General to the General Assembly and the
Legislative Ethics Commission, on dates determined by the
Legislative Ethics Commission, indicating:
For the purposes of this Section, "category of claim" shall include discrimination claims, harassment claims, sexual harassment claims, retaliation claims, gift ban claims, prohibited political activity claims, revolving door prohibition claims, and other, miscellaneous, or uncharacterized claims.
The quarterly report shall be available on the website of the Legislative Inspector General.


(Source: P.A. 102-664, eff. 1-1-22.)
 
(5 ILCS 430/25-86)
Sec. 25-86. Quarterly reports by the Attorney General. The Attorney
General shall submit
quarterly reports to the Legislative Ethics Commission, on dates determined by
the Legislative Ethics Commission, indicating:
(Source: P.A. 93-617, eff. 12-9-03.)
 
(5 ILCS 430/25-90)
Sec. 25-90. Confidentiality.
(a) The identity of any individual providing information or reporting any
possible or alleged
misconduct to the Legislative Inspector General or the Legislative Ethics
Commission
shall be kept confidential and may not be disclosed
without the consent of that individual, unless the individual consents to
disclosure of his or her name or 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.
(b) Subject to the provisions of Section 25-50(c), commissioners, employees,
and agents of the Legislative Ethics
Commission, the Legislative Inspector General, and employees and agents of the
Office of the Legislative Inspector General shall keep confidential and shall
not disclose information exempted from disclosure under the
Freedom of Information Act or by this Act.
(c) In his or her discretion, the Legislative Inspector General may notify complainants and subjects of an investigation with an update on the status of the respective investigation, including when the investigation is opened and closed.
(d) A complainant, as defined in subsection (a) of Section 25-63, or a respondent who receives a copy of any summary report, in whole or in part, shall keep the report confidential and shall not disclose the report, or any portion thereof, prior to the publication of the summary report by the Legislative Ethics Commission pursuant to this Act. A complainant or respondent who violates this subsection (d) shall be in violation of this Act and subject to an administrative fine by the Legislative Ethics Commission of up to $5,000.
(Source: P.A. 100-588, eff. 6-8-18; 101-617, eff. 12-20-19.)
 
(5 ILCS 430/25-95)
Sec. 25-95. Exemptions.
(a) Documents generated by an ethics
officer under this Act, except Section 5-50, are exempt from the provisions of
the Freedom
of Information Act.
(a-5) Requests from ethics officers, members, and State employees to the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader for guidance on matters involving the interpretation or application of this Act or rules promulgated under this Act are exempt from the provisions of the Freedom of Information Act. Guidance provided to an ethics officer, member, or State employee at the request of an ethics officer, member, or State employee by the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader on matters involving the interpretation or application of this Act or rules promulgated under this Act is exempt from the provisions of the Freedom of Information Act.
(b) Summary investigation reports released by the Legislative Ethics Commission as provided in Section 25-52 are public records. Otherwise, any allegations
and related documents
submitted to the Legislative Inspector General and any pleadings and
related documents brought before the Legislative Ethics
Commission are exempt from the provisions of the Freedom of
Information Act so long as the Legislative Ethics Commission
does not make a finding of a violation of this Act.
If the Legislative
Ethics Commission finds that a violation has occurred, the
entire record of proceedings before the Commission, the decision and
recommendation, and the mandatory report from the agency head or
ultimate jurisdictional authority to the Legislative Ethics
Commission are not exempt from the provisions of the Freedom of
Information Act but information contained therein that is exempt from the
Freedom of Information Act must be redacted before disclosure as provided in
Section 8 of the Freedom of Information Act.
(c) Meetings of the Commission are exempt from the provisions of the Open
Meetings Act.
(d) Unless otherwise provided in this Act, all investigatory files and
reports of the Office of the Legislative Inspector General, other than quarterly

reports under Section 25-85, are confidential, are exempt from disclosure
under the Freedom of Information Act, and shall not be divulged to
any person or agency, except as necessary (i) to the appropriate law
enforcement
authority if the matter is referred pursuant to this Act, (ii) to the ultimate
jurisdictional authority, (iii) to the
Legislative Ethics Commission, or (iv) to the Executive Director of the Legislative Ethics Commission to the extent necessary to advise the Commission of all open investigations and any new allegations or complaints received in the Office of the Inspector General when there is a vacancy in the Office of Inspector General pursuant to subparagraph (b-5) of Section 25-10.

(Source: P.A. 100-588, eff. 6-8-18.)
 
(5 ILCS 430/25-100)
Sec. 25-100. Reports.
(a) Within 30 days of the effective date of this amendatory Act of the 100th General Assembly, for the period beginning November 4, 2017 until the date of the report, the Legislative Ethics Commission shall issue a report to the General Assembly containing the following information: (i) the total number of summary reports that the Inspector General requested be published; (ii) the total number of summary reports that the Inspector General closed without a request to be published; (iii) the total number of summary reports that the Commission agreed to publish; (iv) the total number of summary reports that the Commission did not agree to publish; (v) the total number of investigations that the Inspector General requested to open; and (vi) the total number of investigations that the Commission did not allow the Inspector General to open.
(b) The Legislative Ethics Commission shall issue a quarterly report to the General Assembly within 30 days after the end of each quarter containing the following information for the preceding quarter: (i) the total number of summary reports that the Inspector General requested be published; (ii) the total number of summary reports that the Inspector General closed without a request to be published; (iii) the total number of summary reports that the Commission agreed to publish; (iv) the total number of summary reports that the Commission did not agree to publish; (v) the total number of investigations that the Inspector General requested to open; and (vi) the total number of investigations that the Commission did not allow the Inspector General to open.
(c) The reports to the General Assembly under this Section shall be provided to the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(Source: P.A. 100-588, eff. 6-8-18.)
 
(5 ILCS 430/25-105)
Sec. 25-105. Investigation of sexual harassment. Notwithstanding any provision of law to the contrary, the Legislative Inspector General may investigate any allegation or complaint of sexual harassment without the approval of the Legislative Ethics Commission. At each Legislative Ethics Commission meeting, the Legislative Inspector General shall inform the Commission of each investigation opened under this Section since the last meeting of the Commission.

(Source: P.A. 100-588, eff. 6-8-18.)

Structure Illinois Compiled Statutes