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 Reserved.
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.
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)
(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, subject to approval of the City Council, without the formation of a Selection Committee described in subsection (d) of this section. Not less than 180 days prior to the end of the Inspector General's term, the Mayor shall notify the City Council whether the Mayor will reappoint the then incumbent Inspector General.
(d) Selection process. A Selection Committee consisting of five members shall be responsible for identifying potential candidates and proposing potential candidates to the Mayor. Within 14 days after the Mayor notifies the City Council that they will not reappoint the then incumbent Inspector General, the Mayor shall select three members of the Selection Committee, and the Chair of the Committee on Ethics and Government Oversight, or its successor committee, shall select two members of the Selection Committee.
If the Mayor fails to timely select three members for the Selection Committee, the Mayor shall have waived such ability to select such members and the Chair of the Committee on Ethics and Government Oversight, or its successor committee, may select members for the remaining members of the Selection Committee within 14 days. If the Chair of the Committee on Ethics and Government Oversight, or its successor committee, fails to timely select two members for the Selection Committee, the Chair shall have waived such ability to select such members and the Mayor may select members for the remaining members of the Selection Committee within 14 days.
In the event of a vacancy due to the death, resignation, or removal of the incumbent Inspector General, the Mayor and Chair of the Committee on Ethics and Government Oversight, or its successor committee, shall select Selection Committee members in accordance with this subsection within 14 days after such vacancy has occurred.
Within 45 days of the formation of the Selection Committee, the Selection Committee shall select and engage a national executive search firm with expertise in government oversight (the "Search Firm") to perform executive search services and to create a pool of the ten most qualified candidates for the position of Inspector General, produced by the search (the "Pool"). Within two business days of selecting the Search Firm, the Selection Committee shall submit to the City Council in an official communication to be placed on file with the City Clerk the name of the Search Firm. The Search Firm shall perform its services and submit, within 60 days, the identities of the candidates which comprise the Pool, including résumés, qualifications, and statements detailing each member of the Pool's credentials for the appointment of Inspector General, to the Selection Committee. Any costs associated with the Selection Committee and the selection process under this section shall be paid for from funds duly appropriated for such purpose.
The Selection Committee shall review the credentials of Pool members, and shall, within 60 days of receipt of the Pool from the Search Firm, recommend one or more qualified persons to the Mayor, by concurrence of at least four Committee members. Within 30 days thereafter, the Mayor shall either select a candidate from the Selection Committee's recommendations, or reject the recommendations and provide the Selection Committee with a written explanation. Within 14 days after such rejection, the Selection Committee shall submit new recommendations to the Mayor from the initial pool of candidates, which shall not include any previous recommended candidate. Within 14 days thereafter, the Mayor shall either select a candidate from the recommendations or reject the recommendation and provide the Selection Committee with a written explanation. This process shall continue until the Mayor selects a candidate. The Mayor's nomination of a candidate under this subsection shall be referred to the City Council Committee on Ethics and Government Oversight or its successor committee, for a hearing, and shall then be subject to City Council approval. If the City Council rejects the Mayor's nomination, within 14 days thereafter the Mayor shall either select a different candidate that the Selection Committee has recommended, or request that the Selection Committee provide new recommendations or have the Search Firm produce a new Pool from which to make recommendations.
If the Mayor's selection of a candidate and associated referral to the Committee on Ethics and Government Oversight, or its successor committee, has not occurred pursuant to the timetable set forth in the above paragraph, the Chair of the City Council Committee on Ethics and Government Oversight, or its successor committee, may make a written request to the Mayor for an explanation for the delay and a statement of intention with regard to submission of a selection. The Mayor's Office shall provide a written response to such request within 14 days.
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. No person shall serve more than eight years as Inspector General, consecutively or nonconsecutively.
(e) Interim Inspector General. In the event that the position of Inspector General is for any reason vacant, the General Counsel shall assume the role of interim Inspector General, in addition to the role of General Counsel, until a replacement Inspector General is approved by the City Council. In the event that both the positions of Inspector General and General Counsel are for any reason vacant, the Deputy Inspector General for Public Safety shall assume the role of interim Inspector General, in addition to the role of Deputy Inspector General for Public Safety, until a replacement Inspector General is approved by the City Council.
In the event of a vacancy in the positions of Inspector General, General Counsel, and Deputy Inspector General for Public Safety, the Mayor may appoint an interim Inspector General who is currently employed within the Office of Inspector General without City Council approval until a permanent selection is made. An interim Inspector General shall have all investigatory, oversight, and jurisdictional powers of the Inspector General.
(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; Amend Coun. J. 11-7-22, p. 54984, § 2; Amend Coun. J. 7-19-23, p. 1888, § 1)
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 who is:
(i) not employed by a city council member or committee or bureau or other service agency of the city council: the mayor and, as appropriate, the head of each affected department or agency;
(ii) employed by a city council member or committee or bureau or other service agency of the city council: the city council member, committee chairman or head of the bureau or other service agency of the city council, respectively;
(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 Ethics and Government Oversight.
(Added Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 7-24-19, p. 2394, § 1)
In addition to other powers conferred herein, 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 complaints 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 the Inspector General's discretion, in the course of any activity conducted pursuant to this chapter;
(g) To administer oaths and to examine witnesses under oath;
(h) (1) 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; and
(2) To work with the Law Department to retain counsel to enforce and defend against subpoenas, provided:
(i) such counsel are, at the exclusive option and request of the Inspector General, either: (A) Office of Inspector General attorneys whom the Corporation Counsel designates as Special Assistants Corporation Counsel for the limited purposes stated in this paragraph (h)(2), or (B) outside counsel, acceptable to the Inspector General, retained for said limited purposes by the Law Department. Corporation Counsel approval of the Inspector General’s requests made under this paragraph (h)(2) shall not be unreasonably withheld, delayed or conditioned;
(ii) any such outside counsel are retained pursuant to the standard terms of engagement then used by the Corporation Counsel, including any limitations on fees or costs; and
(iii) the costs of such representation are paid from the appropriations of the Office of Inspector General.
Nothing in this provision shall be construed to alter the exclusive authority of the Corporation Counsel to either defend and supervise the defense of claims against the City and/or individual City defendants, or to provide the Inspector General or his Office with the authority to settle monetary or other claims against the City and/or individual City defendants.
(i) To exercise any powers or duties granted to the Inspector General 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 for the conduct of investigations and public hearings consistent with the requirements of due process of law and equal protection under the law;
(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; Amend Coun. J. 7-24-19, p. 2394, § 1; Amend Coun. J. 11-7-22, p. 54984, § 3)
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