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

   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)

2-56-070 Confidentiality of informants – Exceptions.

   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)

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

   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)

2-56-090 Duty to cooperate.

   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)

2-56-100 Retaliation prohibited.

   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)

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

   (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)

2-56-120 Quarterly reports to City Council.

   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)

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

   The inspector general may be removed prior to the expiration of his term only for cause and in accordance with the provisions of this section. The mayor shall give written notice (a) to the city council of his intent to remove the inspector general; and (b) to the inspector general of the cause of his intended removal. Within ten days after receipt of the notice, the inspector general may file with the city council a request for hearing on the cause for removal. If no such request is made within ten days, the inspector general shall be deemed to have resigned his office as of the tenth day after receipt of the notice of intended removal. If such a request is made, the city council shall convene a hearing on the cause for removal of the inspector general, at which the inspector general may appear, be represented by counsel and be heard. The hearing shall be convened within ten days after receipt of the request therefor and conclude within 14 days thereafter. The mayor's notice of intended removal shall constitute the charge against the inspector general. Removal of the inspector general for cause after the hearing shall require the affirmative vote of a majority of the members of the city council then holding office.

(Prior code § 19-13; Added Coun. J. 10-4-89, p. 5726)

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

   No person shall wilfully refuse to comply with a subpoena issued by the inspector general, or otherwise knowingly interfere with or obstruct an investigation authorized by this chapter and conducted by an announced investigator of the office of inspector general. Any person who wilfully violates the provisions of this section shall be subject to a fine of not less than $300.00 and not more than $500.00 for each such offense, or imprisonment for a period of not less than 30 days and not more than six months, or both a fine and imprisonment. Each day that a violation continues shall constitute a separate and distinct offense. Actions seeking the imposition of a fine only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended. Actions seeking incarceration, or incarceration and a fine, shall be filed and prosecuted as misdemeanor actions under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended.

(Prior code § 19-14; Added Coun. J. 10-4-89, p. 5726)