2-56-030 Inspector General - Powers and duties.

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, 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)

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 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)

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

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;

(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; and

(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; Amend Coun. J. 7-24-19, p. 2394, § 1; Amend Coun. J. 11-7-22, p. 54984, § 3)

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)

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 Reserved.

Editor’s note – Coun. J. 7-24-19, p. 2394, § 1, repealed § 2-56-045, which pertained to complaints concerning aldermen; confidentiality.

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

(a) 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.

(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; Amend Coun. J. 7-24-19, p. 2394, § 1)

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