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)

2-56-145 False claims – Penalty.

   Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any complaint relating to an investigation conducted by the inspector general shall be guilty of knowingly furnishing false statements or misleading information. Any person who violates this section shall be subject to a fine of not less than $1,000.00 and not more than $2,000.00 for each such offense, and/or imprisonment for a period not exceeding six months. 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.

(Added Coun. J. 2-13-13, p. 46730, § 3)

2-56-150 Political activities prohibited.

   (a)   No inspector general or employee of the office of the inspector general may, during his term of appointment or employment: (i) hold, or become a candidate for, any other elected or appointed public office except for appointments to governmental advisory boards or study commissions or as otherwise expressly authorized by law; or (ii) actively participate in any campaign for any elective office.

   (b)   The inspector general shall pledge in writing, at the time of his appointment, that, for two years after the termination of his appointment for any reason, the inspector general shall not: (i) become a candidate for any elected public office which includes the City of Chicago in its geographic jurisdiction: or (ii) hold any elected public office which includes the City of Chicago in its geographic jurisdiction.

   (c)   Neither the inspector general nor any employee of the office of inspector general shall engage in any political activity as defined in Chapter 2-156 of the Municipal Code.

   (d)   This section shall not apply to the inspector general or any employee of the inspector general to the extent that it is inconsistent with any law or regulation of the United States or the State of Illinois that preempts home rule.

(Prior code § 19-15; Added Coun. J. 10-4-89, p. 5726; Amend Coun. J. 2-13-13, p. 46730, § 3)

2-56-155 Statute of limitations on ethics investigations.

   An investigation of any violation of Chapter 2-156 may not be initiated more than five years after the most recent act of alleged misconduct.

(Added Coun. J. 2-13-13, p. 46730, § 3; Amend Coun. J. 7-24-19, p. 2394, § 1)

2-56-160 Violation – Penalty – Discharge or other discipline.

   Any employee or appointed officer of the city who violates any provision of this chapter shall be subject to discharge (or such other discipline as may be specified in an applicable collective bargaining agreement) in addition to any other penalty provided in this chapter.

(Prior code § 19-16; Added Coun. J. 10-4-89, p. 5726)