99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2587

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

`5 ILCS 430/20-90`
`5 ILCS 430/20-95`

Amends the State Officials and Employees Ethics Act. Provides that the head and employees of a State agency affected by or involved in an investigation shall keep confidential and shall not disclose information exempted from disclosure under the Act or the Freedom of Information Act. Permits disclosure of investigatory files, reports, and requests for information of or by the Office of an Executive Inspector General to the head of a State agency affected by or involved in an investigation.

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A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The State Officials and Employees Ethics Act is

5 amended by changing Sections 20-90 and 20-95 as follows:

6 (5 ILCS 430/20-90)

7 Sec. 20-90. Confidentiality.

8 (a) The identity of any individual providing information or

9 reporting any possible or alleged misconduct to an Executive

10 Inspector General or the Executive Ethics Commission shall be

11 kept confidential and may not be disclosed without the consent

12 of that individual, unless the individual consents to

13 disclosure of his or her name or disclosure of the individual's

14 identity is otherwise required by law. The confidentiality

15 granted by this subsection does not preclude the disclosure of

16 the identity of a person in any capacity other than as the

17 source of an allegation.

18 (b) Subject to the provisions of Section 20-52,

19 commissioners, employees, and agents of the Executive Ethics

20 Commission, the Executive Inspectors General, and employees

21 and agents of each Office of an Executive Inspector General,

22 the Attorney General, and the employees and agents of the

23 office of the Attorney General, and the head and employees of a

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1 State agency affected by or involved in an investigation shall

2 keep confidential and shall not disclose information exempted

3 from disclosure under the Freedom of Information Act or by this

4 Act, provided the identity of any individual providing

5 information or reporting any possible or alleged misconduct to

6 the Executive Inspector General for the Governor may be

7 disclosed to an Inspector General appointed or employed by a

8 Regional Transit Board in accordance with Section 75-10.

9 (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)

10 (5 ILCS 430/20-95)

11 Sec. 20-95. Exemptions.

12 (a) Documents generated by an ethics officer under this

13 Act, except Section 5-50, are exempt from the provisions of the

14 Freedom of Information Act.

15 (b) Any allegations and related documents submitted to an

16 Executive Inspector General and any pleadings and related

17 documents brought before the Executive Ethics Commission are

18 exempt from the provisions of the Freedom of Information Act so

19 long as the Executive Ethics Commission does not make a finding

20 of a violation of this Act. If the Executive Ethics Commission

21 finds that a violation has occurred, the entire record of

22 proceedings before the Commission, the decision and

23 recommendation, and the response from the agency head or

24 ultimate jurisdictional authority to the Executive Ethics

25 Commission are not exempt from the provisions of the Freedom of

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1 Information Act but information contained therein that is

2 otherwise exempt from the Freedom of Information Act must be

3 redacted before disclosure as provided in the Freedom of

4 Information Act. A summary report released by the Executive

5 Ethics Commission under Section 20-52 is a public record, but

6 information redacted by the Executive Ethics Commission shall

7 not be part of the public record.

8 (c) Meetings of the Commission are exempt from the

9 provisions of the Open Meetings Act.

10 (d) Unless otherwise provided in this Act, all

11 investigatory files, ~~and~~reportsand requests for information

12 of or by the Office of an Executive Inspector General, other

13 than monthly reports required under Section 20-85, are

14 confidential, are exempt from disclosure under the Freedom of

15 Information Act, and shall not be divulged to any person or

16 agency, except as necessary (i) to a law enforcement authority,

17 (ii) to the ultimate jurisdictional authority, (iii) to the

18 Executive Ethics Commission, (iv) to another Inspector General

19 appointed pursuant to this Act,~~or~~ (v) to an Inspector General

20 appointed or employed by a Regional Transit Board in accordance

21 with Section 75-10, or (vi) to the head of a State agency

22 affected by or involved in the investigation.

23 (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)