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Rod R. Blagojevich

Governor of Illinois

 

Executive Orders issued January 23, 2003

No. 3-2003 Creating the Office of Inspector General and an Ethics Hotline

No. 4-2003 Banning Retaliation Against Whistle Blowers

No. 5-2003 Mandating Ethics Training for All State Employees

 


 

Executive Order No. 3 - 2003

Creating the Office of Inspector General and an Ethics Hotline

 

WHEREAS, it is critically important that State officers, employees and appointees discharge their duties and responsibilities in a lawful and ethical manner; and

 

WHEREAS, there is no office in the Executive Branch charged with the comprehensive responsibility of receiving and investigating complaints of violations of any law, rule or regulation or abuse of authority or other forms of misconduct by officers, employees and appointees of each department, office, board or commission (hereinafter called "agency") directly responsible to the Governor; and

 

WHEREAS, there is a compelling State interest in remedying the current absence of an appropriate means to receive and investigate complaints regarding alleged violations of any law, rule, or regulation, or other forms of misconduct by the State officers, employees and appointees under my jurisdiction; and

 

WHEREAS, the State has a compelling interest in encouraging all citizens of the State of Illinois to report acts of public corruption and misconduct;

 

THEREFORE, I hereby order the following:

 

1. Creation of Office of Inspector General

There is hereby created the Office of Inspector General, which shall be headed by an Inspector General to be appointed by the Governor. The Inspector General shall have the power and duty to receive and investigate complaints regarding alleged violations of law, rule or regulation, or other forms of misconduct as described below. In consultation with the Director of the Department of Central Management Services, the Inspector General shall determine the appropriate level of staffing to carry out the duties and responsibilities of the Office of Inspector General as described herein. The Department of Central Management Services is hereby directed to allocate from its budget the necessary funds to operate the Office of Inspector General, unless and until such time as the Office shall be funded by a separate appropriation in the State Budget.

 

2. Powers and Duties

The Inspector General shall have the following powers and duties:

 

(a) To receive and investigate complaints concerning incidents of possible misconduct, misfeasance, malfeasance or violations of laws, rules, or regulations by any officer, employee or appointee in any agency directly responsible to the Governor.

 

(b) To investigate the performance of governmental officers, employees, appointees, functions and programs under my jurisdiction in order to detect and prevent misconduct within the programs and operations of any agency directly responsible to the Governor. Such investigation may be conducted either in response to a complaint or on the Inspector General's own initiative.

 

(c) To promote integrity in the administration of the programs and operations of agencies under my jurisdiction by reviewing agency programs, identifying any potential for misconduct therein, and recommending to the Governor policies and methods for the prevention of misconduct.

 

(d) To report to the Governor concerning results of investigations undertaken by the Office of Inspector General.

 

3. Creation of an Ethics Hotline

As soon as practicable after appointment of the Inspector General, the Inspector General is directed to create and maintain a toll-free "Ethics Hotline" for the purpose of receiving citizen and employee reports of public corruption and misconduct. The identity of any individual placing a call to the Ethics Hotline shall be kept confidential during and after the investigation of any complaint made by the caller, unless the caller consents to disclosure of his or her name or disclosure of the caller's identity is otherwise required by law.

 

4. Investigation Reports

Upon conclusion of an investigation the Inspector General shall issue a summary report thereon. The report shall be delivered to the Governor, and may be filed with the head of each agency affected by or involved in the investigation, if appropriate. 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 misconduct discovered in the course of the investigation.

 

(c) Recommendations for correction of any misconduct described in the report, including any recommendations for disciplinary action with respect to any officer, employee or appointee, including but not limited to discharge.

 

(d) Such other information as the Inspector General may deem relevant to the investigation or resulting recommendations.

 

The summary report shall not mention the name of any informant, complainant or witness unless required by law or with the consent of such informant, complainant or witness. The summary report shall not mention the name of any officer, employee or appointee being investigated, except in circumstances where the report recommends disciplinary action against such officer, employee or appointee or as otherwise required by law.

 

5. Investigations Not Concluded Within Six Months

If any investigation is not concluded within six months after its initiation, the Inspector General shall notify the Governor of the general nature of the complaint or information giving rise to the investigation and the reasons for failure to complete the investigation within six months.

 

6. Cooperation In Investigations

It shall be the duty of every officer, employee and appointee in every agency directly responsible to the Governor (including any existing inspector general serving in a particular agency) to cooperate with the Inspector General in any investigation undertaken pursuant to this Executive Order. The statutory duties and responsibilities of any existing inspector general serving in any particular agency shall be unaffected by the terms of this Executive Order.

 

7. Retaliation Prohibited

No officer, employee or appointee in any agency under my jurisdiction shall retaliate against, punish, or penalize any person for complaining to, cooperating with, or assisting the Inspector General in the performance of his or her office. Any officer, employee or appointee who violates the provisions of this section shall be subject to disciplinary action, including but not limited to discharge.

 

8. Reports and Referrals Of Investigations

Upon making a preliminary determination that alleged misconduct may involve possible criminal conduct, the Inspector General, in consultation with my General Counsel, shall refer complaints regarding such misconduct to the appropriate law enforcement authority.

 

Distribution of Executive Order

9. Each director or agency head shall cause a copy of this Executive Order to be distributed to each officer, employee and appointee in the agency.

 


 

Executive Order No. 4 - 2003

Banning Retaliation Against Whistle Blowers

 

WHEREAS, in 1987 the Illinois General Assembly enacted the Whistle Blower Protection Act, 5 ILCS 395/0.01, et seq., which protects the anonymity of any employee of any Constitutional Officer of this State who discloses information which the employee reasonably believes evidences (1) a violation of any law, rule, or regulation, or (2) mismanagement, a gross waste of funds, abuse of authority, or a substantial and specific danger to the public health or safety; and

 

WHEREAS, the Whistle Blower Protection Act further provides that no disciplinary action shall be taken against any such employee for the disclosure of any alleged prohibited activity under investigation or for any related activity; and

 

WHEREAS, the State has a compelling interest in deterring retaliatory conduct against whistle blowers, and in providing penalties for such conduct when it does occur;

 

THEREFORE, I hereby order the following with respect to all officers, employees and appointees in all agencies, departments, offices, boards, and commissions directly responsible to the Governor (which agencies, departments, offices, boards, and commissions are hereinafter referred to as "agency"):

 

1. Any officer, employee or appointee of any agency is banned from retaliating against, attempting to retaliate against, or in any manner interfering with a whistle blower for reasons arising out of the whistle blower's activities as described in the Whistle Blower Protection Act.

 

2. Any officer, employee or appointee of any agency who knowingly violates the provisions contained in this Order shall be subject to disciplinary action, including but not limited to discharge.

 

3. Each director or other agency head shall cause a copy of this Executive Order to be distributed to each officer, employee and appointee in the agency.

 


 

Executive Order No. 5 - 2003

Mandating Ethics Training For All State Employees

 

WHEREAS, officers, employees and appointees in agencies, departments, offices, boards and commissions (hereinafter referred to as "agencies") directly responsible to the Governor need to be fully prepared to address the ethical issues and questions that arise in discharging their duties and responsibilities to the citizens of Illinois; and

 

WHEREAS, there are a number of laws and Executive Orders in effect in the State of Illinois which establish ethical standards and provide penalties for their violation, including, without limitation, the Solicitation Misconduct Act (Public Act 92-0853), the State Gift Ban Act, 5 ILCS 425/1, et seq., the State Employees Political Activity Act, 5 ILCS 320/0.01, et seq., and certain provisions of the Illinois Election Code, 10 ILCS 5/9-1, et seq., as well as various Executive Orders issued over the past twenty years by the governors of the State of Illinois; and

 

WHEREAS, the State of Illinois has a compelling interest in insuring that State officers, employees and appointees are fully aware of their ethical duties and responsibilities to the citizens of this State; and

 

WHEREAS, it is the purpose and intent of this Executive Order to educate State officers, employees and appointees as to their ethical duties and responsibilities by instituting an Ethics Awareness Training Program;

 

THEREFORE, I hereby order the following:

 

The General Counsel to the Governor is directed to research and make recommendations regarding the nature and scope of an Ethics Awareness Training Program for all officers, employees and appointees of agencies under the jurisdiction of the Governor that would appropriately address the range of ethical issues that such employees and officers face in the discharge of their duties.

 

Within six months of establishment of the Ethics Awareness Training Program, all officers, employees and appointees in agencies directly responsible to the Governor shall attend and complete this Program. Once the Ethics Awareness Training Program is established, all new officers, employees and appointees in agencies directly responsible to the Governor shall attend and complete the Program within two months of their date of hire.

 

Once the Ethics Awareness Training Program has been established, the Ethics Officer for each agency under my jurisdiction is hereby charged with the responsibility to implement this Program. This duty to implement the Ethics Awareness Training Program shall be in addition to the duties imposed on the Ethics Officer by the provisions of the Gift Ban Act, 5 ILCS 425/1, et seq., and shall not be in contravention of any of the duties imposed on Ethics Officers by said Act.

 

 

 

 

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