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(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)
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)
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; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 7)
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.
(Added Coun. J. 5-12-10, p. 92409, § 6; Amend Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 7-24-19, p. 2394, § 1)
The summary report shall not mention the name of any informant, complainant, witness or person investigated, except in the following instances:
(a) Where the copy of the report given to the ultimate jurisdictional authority of any department or entity recommends disciplinary action against one of their employees under the control of that authority;
(b) Where the copy of the report given to the ultimate jurisdictional authority or the chief procurement officer makes recommendations concerning any contractor, subcontractor, applicant for a contract, or person seeking certification of eligibility for a contract;
(c) Where the copy of the report given to the ultimate jurisdictional authority of any department or entity makes recommendations concerning a person seeking certification of eligibility for a program administered by the department or entity;
(d) Where the copy given to the mayor recommends disciplinary action against the head or any employee of any department or entity;
(e) Where the copy of the report is given to the board of ethics or a hearing officer in compliance with a probable cause finding or a hearing on the merits or as otherwise provided in Chapter 2-156.
If complainants or informants request that their identity remain confidential, they will be notified in the event that disclosure of their identity is required by law.
(Prior code § 19-7; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 2-10-16, p. 19348, § 1)
No later than the fifteenth day of January, April, July and October of each year, the inspector general shall submit to the mayor a report, accurate to the last day of the preceding month, indicating (1) the number of current investigations pending for more than twelve months; (2) the general nature of the allegations giving rise to each such investigation; and (3) the reason(s) why each such investigation is still pending.
(Prior code § 19-8; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 5-12-10, p. 92409, § 7)
It shall be the duty of every elected or appointed officer, employee, department, agency, lobbyist engaged in the lobbying of elected or appointed City officers or employees, contractor, subcontractor, agent, or licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the inspector general in any inquiry undertaken pursuant to this chapter. Each department's premises, equipment, personnel, books, records and papers shall be made available as soon as practicable to the inspector general. Every City contract and every bid, proposal, application or solicitation for a City contract, and every application for certification of eligibility for a City contract or program shall contain a statement that the person understands and will abide by all provisions of this chapter.
(Prior code § 19-9; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 5-12-10, p. 92409, § 8; Amend Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 6)
No person shall retaliate against, punish or penalize any other person for complaining to, cooperating with or assisting the inspector general in the performance of his office.
(Prior code § 19-10; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 5-12-10, p. 92409, § 9)
(a) Except as otherwise provided in this section, all investigatory files and reports of the office of inspector general shall be confidential and shall not be divulged to any person or agency, except to the United States Attorney, the Illinois Attorney General or the State’s Attorney of Cook County, or as otherwise provided in this chapter or Chapter 2-156. The inspector general is authorized to issue public statements in the following circumstances: (a) upon written request by (i) a person publicly known to have been under investigation that exonerates that person; or (ii) an elected official publicly known to have been under investigation that results in a not-sustained finding; (b) if an investigation, audit or review concerns inefficient or wasteful management; and (c) in a public summary of each investigation resulting in sustained findings of misconduct. The public summary shall briefly state, without disclosing the name of any individual who was the subject of such investigation, (i) the nature of the allegation or complaint; (ii) the specific violations resulting in sustained findings; (iii) the inspector general’s recommendation for discipline or other corrective measures; and (iv) the ultimate jurisdictional authority’s response to and final decision on the inspector general’s recommendation.
(b) The Corporation Counsel, in his sole discretion, is authorized to release reports of the Office of Inspector General to the public as provided in this subsection (b). Any release pursuant to this subsection (b) shall be limited to reports containing sustained findings regarding conduct that either (1) is associated with a death, or (2) is or may be a felony as defined in the Illinois Criminal Code and is of a compelling public interest. Prior to releasing any reports in whole or in part pursuant to this subsection (b), the Corporation Counsel shall determine, following a non-binding consultation with the Inspector General, that such a release would not: (i) constitute an unwarranted invasion of personal privacy; (ii) interfere with due process in an ongoing or contemplated City employment or disciplinary process; (iii) impede an ongoing or contemplated administrative, civil or criminal investigation or proceeding; (iv) compromise law enforcement or investigative operations; (v) reveal the identity of confidential sources, including protected witnesses; (vi) endanger the life or safety of any person or cause a threat to security; or (vii) contravene applicable law, court order, or collective bargaining agreement.
(Prior code § 19-11; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 5-12-10, p. 92409, § 10; Amend Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 2-10-16, p. 19348, § 1; Amend Coun. J. 9-18-19, p. 5223, § 1)
No later than the fifteenth day of January, April, July and October of each year, or the next business day after the fifteenth day of the relevant month, if the fifteenth day falls on a Saturday, a Sunday, or a holiday, the Inspector General shall file with the City Council a report, accurate as of the last day of the preceding month, indicating: the number of investigations initiated since the date of the last report; the number of investigations concluded since the last report; the number of investigations pending as of the reporting date; the number of investigations that were declined in accordance with Section 2-56-050(b) and the reasons for such declination, the number of complaints initiated but discontinued and the reasons for such discontinuations, the number of self-initiated complaints investigated by the Inspector General, and the number of complaints referred to other agencies pursuant to Section 2-56-050(a) and the name of such agencies. Provided, however, that if all of the following three circumstances are present with regard to a complaint referred to another agency by the Inspector General, then he may delay including in his report any information related to that complaint until after the conclusion of the investigation associated with that complaint: (i) the complaint addresses potential criminal conduct and has been referred to a state or federal law enforcement agency; and (ii) the investigation of the conduct at issue is ongoing; and (iii) in the judgment of the Inspector General, public disclosure of the referral would compromise the effectiveness of the investigation. The report shall also include the number of investigations of the conduct of employees; the number of investigations of the conduct of appointed officials; the number of investigations of the conduct of elected officials; the number of investigations of the conduct of contractors, subcontractors, and persons seeking City contracts; the number of investigations of the conduct of persons seeking certification of eligibility for City contracts or other City programs; the number of investigations involving alleged misconduct; the number of investigations involving alleged waste or inefficiency.
(Prior code § 19-12; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 12-16-24, p. 22879, Art. V, § 2)
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