CHAPTER 2-56
OFFICE OF INSPECTOR GENERAL

2-56-010   Establishment – Composition.

2-56-020   Inspector general – Qualifications, appointment and authority.

2-56-025   Definitions.

2-56-030   Inspector general – Powers and duties.

2-56-035   Monitoring employment actions.

2-56-040   Subpoena issuance and contents – Objections.

2-56-045   Complaints concerning aldermen; confidentiality.

2-56-050   Conduct of city officers, employees and other entities.

2-56-055   Functions with respect to sister agencies.

2-56-060   Investigation reports.

2-56-065   Response to recommendations by the inspector general.

2-56-070   Confidentiality of informants – Exceptions.

2-56-080   Investigations not concluded within twelve months.

2-56-090   Duty to Cooperate.

2-56-100   Retaliation prohibited.

2-56-110   Files and reports confidential – Public statements authorized when.

2-56-120   Quarterly reports to city council.

2-56-130   Inspector general – Conditions for removal from office.

2-56-140   Obstructing or interfering with investigations – Penalty.

2-56-145   False claims – Penalty.

2-56-150   Political activities prohibited.

2-56-155   Statute of limitations on ethics investigations.

2-56-160   Violation – Penalty – Discharge or other discipline.

2-56-170   Severability.

2-56-180   Transition.

2-56-200   Public safety deputy – Definitions.

2-56-205   Public safety deputy – Establishment – Composition.

2-56-210   Purpose.

2-56-220   Public safety deputy – Qualifications and appointment.

2-56-230   Public safety deputy – Powers and duties.

2-56-240   Public safety deputy – Reports.

2-56-241   Appearance before committee.

2-56-245   Response to recommendations by the public safety deputy.

2-56-250   Publication of the public safety deputy's reports and responses to the public safety deputy's recommendations.

2-56-260   Public safety deputy – Cooperation in reviews or audits.

2-56-270   Public safety deputy – Retaliation, obstruction or interference prohibited – Penalty.

2-56-280   Public safety deputy – Conditions for removal from office.

2-56-010 Establishment – Composition.

   There is hereby established an office of the municipal government to be known as the office of inspector general, which shall include an inspector general and such deputies, assistants and other employees as may be required to implement the powers and duties stated herein. The appropriations available to pay for the expenses of the office of inspector general during each fiscal year shall be not less than fourteen hundredths of one percent (0.14%) of the annual appropriation of all funds contained in the annual appropriation ordinance, as adjusted. For purposes of this section, “as adjusted” means subtracting, before applying the percentage: (i) all funds for services to sister agencies pursuant to intergovernmental agreement as provided in Section 2-56-030, and (ii) all funds appropriated for pension payments above those amounts set forth in the appropriation ordinance for fiscal year 2014.

(Prior code § 19-1; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 3-18-15, p. 103771, § 1; Amend Coun. J. 10-5-16, p. 34471, § 5)

2-56-020 Inspector general – Qualifications, appointment and authority.

   (a)   Qualifications for appointment.

      1.   In considering a candidate for the position of Inspector General, the appointing authority shall evaluate and consider any and all qualifications that are relevant to the position of Inspector General, including, but not limited to:

         i.   The candidate's integrity;

         ii.   The candidate's potential for strong leadership;

         iii.   The candidate's demonstrated experience and/or ability in accounting, auditing, finance, law, management analysis, public administration, investigation, criminal justice administration, or other closely related fields;

         iv.   The candidate's demonstrated experience and/or ability in working with local, state and federal law enforcement agencies and the judiciary; and

         v.   Any other qualifications deemed relevant by the appointing authority.

      2.   The appointing authority's decision to appoint a particular candidate shall not under any circumstances be based in any part upon the candidate's age, gender, race, sexual orientation, religious affiliation or political affiliation.

      3.   A qualified candidate for Inspector General shall be a person who:

         i.   Holds a bachelor's degree from an accredited institution of higher education;

         ii.   Possesses demonstrated knowledge, skills, abilities and experience in conducting audits, investigations, inspections, and performance reviews; and

         iii.   Has at least five years of experience in any one, or a combination, of the following fields:

            As an Inspector General;

            As a federal law enforcement officer;

            As a federal or state court judge;

            As a licensed attorney with experience in the areas of audit or investigation of fraud, mismanagement, waste, corruption, or abuse of power;

            As a senior-level auditor or comptroller; or

            As a supervisor in an Office of Inspector General or similar investigative agency.

      4.   A highly qualified candidate shall be a qualified candidate who:

         i.   Has managed and completed complex investigations involving allegations of fraud, waste, abuse, illegal acts, theft, public corruption, deception or conspiracy; or

         ii.   Holds an advanced degree in law, accounting, public administration, or other relevant field.

   (b)   Appointment and authority. The inspector general shall be appointed for a term of four years, in accordance with the procedures set forth in this section, and shall have responsibility for the operation and management of the office of inspector general.

   (c)   Reappointment. The mayor may reappoint an incumbent inspector general term, subject to approval of the city council, without seeking a recommendation of the Selection Committee described in subsection (d) of this section. Not less than 45 days prior to the end of the inspector general's term, the mayor shall notify the city council whether he will reappoint the then incumbent inspector general.

   (d)   Selection process. A Selection Committee consisting of five members, three of whom shall be selected by the mayor and two of whom shall be selected by the city council, shall be responsible for identifying potential candidates and proposing potential candidates to the mayor. The mayor's selection must be confirmed by the city council.

   Within 15 days of an actual or expected vacancy in the position of inspector general because of death, resignation, removal, or the mayor's decision not to reappoint an incumbent inspector general, the Selection Committee shall identify a national executive search firm (the “Search Firm”) to perform executive search services and to create a pool of the 20 most qualified candidates for the position of Inspector General, produced by the search (the “Pool”). The Search Firm shall perform its services and submit the identities of the candidates which comprise the Pool, including resumes, qualifications, and statements detailing each member of the Pool's credentials for the appointment of Inspector General, to the Selection Committee.

   The Selection Committee shall review the credentials of Pool members, and shall recommend one or more qualified persons to the mayor, by concurrence of at least four Committee members. The mayor may appoint any person recommended by the Committee, subject to approval of the city council. If the mayor rejects all candidates recommended by the Selection Committee, the Committee shall solicit and screen additional potential candidates in the same manner, repeating the process until the mayor appoints a recommended person, subject to approval of the city council. The term of the inspector general shall commence upon on the city council's approval of the mayor's appointment, and shall extend for a period of four years.

(Prior code § 19-2; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 2-10-16, p. 19348, § 1)

2-56-025 Definitions.

   Whenever used in this chapter:

   (a)   “City employee” shall include any individual employed or appointed by:

      (1)   the city of Chicago; or

      (2)   any committee of the Chicago city council or bureau or other service agency of the city council; or

      (3)   any member of the city council, whether part-time or full-time, including an individual retained as an independent contractor.

   (b)   “Ultimate jurisdictional authority” shall mean the following:

      (1)   for any city officer (elected or appointed), city employee, contractor/vendor or lobbyist with respect to a violation of the Governmental Ethics Ordinance (Chapter 2-156 of this Code), the city Board of Ethics;

      (2)   for all other matters affecting any city employee: the mayor and, as appropriate, the head of each affected department or agency;

      (3)   for all other matters affecting a city contractor, vendor, or bidder seeking a city contract: the mayor and, as appropriate, the head of each affected department or agency;

      (4)   for all other matters affecting a city licensee or entity seeking city certification: the mayor and, as appropriate, the head of each affected department or agency;

      (5)   for all other matters related to the city council: the chairman of the city council committee on committees, rules and ethics.

(Added Coun. J. 2-10-16, p. 19348, § 1)

2-56-030 Inspector general – Powers and duties.

   In addition to other powers conferred herein, and subject to subsection 2-56-050(a)(2), the inspector general shall have the following powers and duties:

   (a)   To receive and register complaints and information concerning misconduct, inefficiency and waste within the city government;

   (b)   To investigate the performance of governmental officers, employees, functions and programs, either in response to complaint or on the inspector general's own initiative, in order to detect and prevent misconduct, inefficiency and waste within the programs and operations of the city government;

   (c)   To promote economy, efficiency, effectiveness and integrity in the administration of the programs and operations of the city government by reviewing programs, identifying any inefficiencies, waste and potential for misconduct therein, and recommending to the mayor and/or the city council policies and methods for the elimination of inefficiencies and waste, and the prevention of misconduct;

   (d)   To report to the ultimate jurisdictional authority concerning results of investigations, audits and program reviews undertaken by the office of inspector general;

   (e)   To request information related to an investigation, audit or program review from any employee, elected or appointed officer, department, agency, contractor, subcontractor, agent or licensee of the city, and every applicant for certification of eligibility for a city contract or program;

   (f)   To conduct public hearings, at his discretion, in the course of any activity conducted pursuant to this chapter an investigation hereunder;

   (g)   To administer oaths and to examine witnesses under oath;

   (h)   To issue subpoenas to compel the attendance of witnesses for purposes of examination and the production of documents and other items for inspection and/or duplication. Issuance of subpoenas shall be subject to the restrictions contained in Section 2-56-040;

   (i)   To exercise any of his powers or duties specified in this Code with respect to any sister agency, as that term is defined in Section 1-23-010 , pursuant to an intergovernmental agreement that the city may enter into with such sister agency as authorized by the city council, and as such power or duty may be modified by such agreement;

   (j)   For the purpose of assisting in the investigation and prosecution of matters within the jurisdiction of the inspector general as specified in this chapter, to engage in activities that are both authorized by and carried out under the direction of the Illinois Attorney General, the Cook County State's Attorney, the United States Department of Justice and other agencies authorized to investigate and prosecute violations of criminal law. The inspector general shall undertake such training and certification as necessary and appropriate to engage in such activities. Provided, however, employees of the office of inspector general shall not, in the performance of their official duties under the code: (i) arrest, commit for examination or detain in custody any person, or (ii) carry a firearm or other weapon;

   (k)   To promulgate rules and regulations for the conduct of investigations and public hearings consistent with the requirements of due process of law and equal protection under the law;

   (l)   To select, subject to the approval of the City Council, and supervise the Deputy Inspector General for Public Safety established by Sections 2-56-200 through 2-56-280 of this Chapter;

   (m)   To receive and address complaints of sexual harassment in violation of Chapter 2-156 in accordance with Section 2-56-050.

(Prior code § 19-3; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 10-8-14, p. 92142, § 1; Amend Coun. J. 3-18-15, p. 103772, § 1; Amend Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 10-5-16, p. 34471, § 5; Amend Coun. J. 11-8-17, p. 58447, § 6)

 

Notes

1-23-010

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2-56-035 Monitoring employment actions.

   (a)   Definitions. As used in this section:

   “Hiring plan” means the hiring plan adopted by the City of Chicago in 2014 and approved, on June 16, 2014, by the Court in Shakman, et al. v. City of Chicago, et al, Case Number 69 C 2145 (N.D. Ill.), setting forth the governing principles for city hiring, and other employment actions concerning both internal and external applicants and candidates and requirements for contractors. As used in this section, references to the hiring plan shall include the plan as amended from time to time.

   “Employment action(s)” includes, but is not limited to, hiring, firing, promotion, demotion, lay-off, reinstatement, re-employment, transfer, reclassification, overtime, and/or any job assignment.

   (b)   Powers and duties. The inspector general shall have the authority to monitor, audit and review employment actions under the hiring plan and related policies and procedures. In addition, the inspector general shall have the authority to review or investigate allegations of non-compliance with the hiring plan and related policies and procedures. Complaints concerning employment actions and related policies and procedures, including claims of unlawful political discrimination, shall be made to the inspector general.

   (c)   Reporting on monitoring of employment actions. Notwithstanding anything to the contrary, the inspector general shall issue reports as required by the hiring plan and as otherwise necessary to carry out his functions under this section. These reports will be considered public records and will be posted, with personal identifying information stricken, on the inspector general's website.

   The inspector general shall also issue quarterly and annual reports that include statistics on the number of escalations (as that term is defined in the hiring plan) newly initiated, pending, closed with investigation, and closed without investigation. The quarterly and annual reports shall also include a description of the outcomes, findings, recommendations, and actions taken on the recommendations of any investigation of an escalation.

   The inspector general shall redact the personal identifying information prior to publicly disseminating such reports.

(Added Coun. J. 5-12-10, p. 92409, § 5; Amend Coun. J. 2-10-16, p. 19348, § 1)