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

   The inspector general shall issue subpoenas only if (a) he is conducting an investigation authorized by this chapter; and (b) the investigation relates to misconduct within the programs and operation of the city government by any person described in Section 2-56-050; and (c) the inspector general has a reasonable belief that such misconduct has occurred; and (d) the testimony of the witness or the documents or items sought by the subpoena are relevant to the investigation. A subpoena shall be served in the same manner as subpoenas issued under the Rules of the Illinois Supreme Court to compel appearance of a deponent, and subject to the same witness and mileage fees fixed by law for such subpoenas.

   A subpoena issued under this chapter shall identify the person to whom it is directed and the documents or other items sought thereby, if any, and the date, time and place for the appearance of the witness and production of the documents or other items described in the subpoena. In no event shall the date for examination or production be less than seven days after service of the subpoena.

   No later than the time for appearance or production required by the subpoena, the person to whom the subpoena is directed may object to the subpoena, in whole or in part. The objection shall be in writing, delivered to the inspector general, and shall specify the grounds for the objection. For seven days after receipt of a timely objection to a subpoena, the inspector general shall take no action to enforce the subpoena or to initiate prosecution of the person to whom the subpoena is directed. During this seven-day period, the inspector general shall consider the grounds for the objection and may attempt to resolve the objection through negotiation with the person to whom the subpoena is directed. The seven-day period may be extended by the inspector general in order to allow completion of any negotiations. The extension shall be in writing addressed to the person to whom the subpoena is directed, and shall specify the date on which the negotiation period will end. Negotiations may include such matters as the scope of the subpoena and the time, place and manner of response thereto. The filing of an objection to a subpoena, and negotiations pursuant to an objection, shall not constitute refusal to comply with the subpoena, or interference with or obstruction of an investigation.

(Prior code § 19-4; Added Coun. J. 10-4-89, p. 5726)

2-56-045 Complaints concerning aldermen; confidentiality.

   (a)   The inspector general may not undertake an investigation of any alderman except pursuant to a complaint that (1) names the alderman; and (2) states the facts underlying the complaint; and (3) is signed by the person making the complaint. A city officer or city employee may be a signatory to a complaint.

   (b)   The identity of the person making a complaint described in subsection (a) of this section shall be confidential and shall not be disclosed by the inspector general except as required by law.

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

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

   (a)   (1)   The powers and duties of the inspector general shall extend to the conduct of the following: (1) all elected officers and appointed officers of the city government in the performance of their official duties; (2) all city employees in the performance of their official duties; (3) lobbyists engaged in the lobbying of elected or appointed city officers or employees; (4) all contractors and subcontractors in the providing of goods or services to the city, the city council, any city council committee or bureau or other service agency of the city council pursuant to a contract; (5) persons seeking contracts or certification of eligibility for contracts with the city, the city council, any city council committee or bureau or other service agency of the city council; (6) persons seeking certification of eligibility for participation in any city program; and (7) any corporation, trust, or other entity established by the City pursuant to an ordinance adopted by the City Council on October 11, 2017 and in accordance with Division 13 of Article 8 of the Illinois Municipal Code, codified at 65 ILCS 5/8-13-5, et seq., for the limited purpose of issuing obligations for the benefit of the City. Nothing in this section shall preclude the inspector general from referring a complaint or information to the appropriate local, state or federal inspector general, the appropriate sister agency, or the appropriate federal, state or local law enforcement authorities.

      (2)   The powers and duties of the inspector general relative to the city council, any member of the city council, and any city employee defined as such under subsection 2-56-025(a)(2) or (a)(3), shall be limited to investigating allegations that such person has violated Chapter 2-156 or any other law, order or rule/regulation applicable to such person in the performance of his duties or the discharge of his responsibilities.

   (b)   (1)   Notwithstanding any other provision in this chapter to the contrary, if the office of the inspector general receives a complaint alleging a violation of Chapter 2-156 against any elected or appointed city officer, city employee or any other person subject to Chapter 2-156, the inspector general, after reviewing the complaint, may only: (i) decline to open an investigation if he determines that the complaint lacks foundation or does not relate to a violation of Chapter 2-156; or (ii) refer the matter to the appropriate authority if he determines that the potential violation is minor and can be resolved internally as a personnel matter; or (iii) open an investigation. The board of ethics shall promulgate, in consultation with the investigating authorities, rules setting forth the criteria to determine whether a potential violation of Chapter 2-156 is minor.

      (2)   Notwithstanding any other provision in this chapter to the contrary, at any point during an investigation that the inspector general conducts on matters pertaining to violations of Chapter 2-156, the inspector general may only: (i) dismiss the matter and close the investigation based on a finding that the alleged violation is not sustained; or (ii) refer the matter to the appropriate law enforcement authority, if he reasonably believes that the alleged misconduct would violate a criminal statute; or (iii) request a probable cause finding in accordance with Section 2-156-385.

      (3)   The inspector general shall conclude his investigation of any violation of Chapter 2-156 under his jurisdiction no later than two years from the date of initiating the investigation; provided, however, that any time period during which the person under investigation has taken affirmative action to conceal evidence or delay the investigation, shall not count towards the two-year period. Notwithstanding any tolling or suspension of time applied, governmental ethics investigations by the inspector general under this Chapter are subject to an absolute four-year time limit from the date of initiation.

   (c)   Before the inspector general interviews a person subject to investigation or a subpoena in relation to a complaint under his jurisdiction, he shall inform the person of that person's right to be represented by counsel at the interview.

(Prior code § 19-5; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 5-12-10, p. 92409, § 3; Amend Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 11-18-15, p. 14398, § 2; Amend Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 10-11-17, p. 55903, § 7)

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

   Nothing provided in this chapter shall be construed to prohibit the inspector general from providing any service or undertaking any function with respect to a sister agency within the scope of an intergovernmental agreement entered into pursuant to Section 2-56-030(i).

(Added Coun. J. 10-8-14, p. 92142, § 1)

2-56-060 Investigation reports.

   Upon conclusion of an investigation the inspector general shall issue a summary report thereon. The report and supporting materials shall be filed solely with the designated ultimate jurisdictional authority as defined in Section 2-56-025(b). The report shall include the following:

   (a)   A description of any complaints or other information received by the inspector general pertinent to the investigation;

   (b)   A description of any illegal conduct, inefficiencies or waste observed or discovered in the course of the investigation;

   (c)   Recommendations for correction of any illegal conduct, inefficiencies or waste described in the report;

   (d)   Such other information as the inspector general may deem relevant to the investigation or resulting recommendations.

   Disclosure of reports and materials respecting disciplinary investigations concerning personnel of the City Council as defined in Section 2-56-025(a)(2) and (3) is hereby expressly limited to the ultimate jurisdictional authorities for such matters as set forth in Section 2-56-025(b), unless the matter concerns misconduct involving both personnel of the City Council as defined in Section 2-56-025(a)(2) and (3) and non-City Council personnel as otherwise defined in this chapter, in which case the report and all relevant information materials, including that concerning the subject City Council personnel shall be provided to all appropriate ultimate jurisdiction authorities as defined in Section 2-56-025(b).*

(Prior code § 19-6; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 2-10-16, p. 19348, § 1)

* Editor's note – Coun. J. 2-10-16, p. 19348, § 1, read “...as defined in Section -025(b).”

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

   (a)   Except as provided in subsection (b) of this section, if the inspector general issues a recommendation for discipline or other administrative action in a summary report, the ultimate jurisdictional authority must respond to that recommendation within 30 days with a written response to the inspector general. This response must include either (1) a description of any disciplinary or administrative action the ultimate jurisdictional authority has taken with respect to the employee in question or (2) a request for a 30-day extension of the 30-day decision period if additional time is needed by the ultimate jurisdictional authority to review the recommendation. If the ultimate jurisdictional authority did not take any disciplinary or administrative action, or took a different disciplinary or administrative action than that recommended by the inspector general, the ultimate jurisdictional authority must describe the different action and explain the reasons for the different action in the written response. This response must be submitted to the inspector general within the 30-day decision period. The inspector general may approve a request for an extension of this 30-day decision period for a period of time not to exceed 30 days if additional time is needed by the ultimate jurisdictional authority to review the recommendation of discipline.

   (b)   If the inspector general issues a report to the chairman of the city council committee on committees, rules and ethics, the chairman shall, within 14 days, forward the report and any attached records to the appropriate person with authority to take action recommended in the report, and provide notice to the inspector general when such action is taken. Upon receipt of the report by the person with authority to take action, that person shall review the report and recommendations and within 30 days provide a written response to the inspector general. Provided, however, that if action by the chairman of the committee on committees, rules and ethics is required, the written response to the inspector general must be made within 60 days of receipt of the report. If no action is taken on the inspector general's recommendation, or different disciplinary or administrative action is taken, the person with authority to take action must describe the different action and explain the reasons for taking that action in a written response. This response must be submitted to the inspector general within the applicable 30 or 60-day decision period. The inspector general may approve only one 60-day extension.

(Added Coun. J. 5-12-10, p. 92409, § 6; Amend Coun. J. 2-10-16, p. 19348, § 1)