|
Title:
|
Amendment of Municipal Code Section 2-56-050 regarding powers and duties of Inspector General to investigate conduct of city officers, employees and City Council entities
|
|
Topic:
|
MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 56 Office of Inspector General
|
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 2-56-050 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-56-050 Conduct of city officers, employees and other entities.
(4) The powers and duties of the inspector general Inspector General shall
extend to the conduct of the following: (1) all elected officers and appointed officers of the eity Citv government in the performance of their official duties; (2) all eity Citv employees in the performance of their official duties; (3) lobbyists engaged in the lobbying of elected or appointed eity Cjty officers or employees; (4) all contractors and subcontractors in the providing of goods or services to the eity City, the city council Citv Council, any city council Citv Council committee or bureau or other service agency of the city council Citv Council pursuant to a contract; (5) persons seeking contracts or certification of eligibility for contracts with the eity Citv, the eity council Citv Council, any city council Citv Council committee or bureau or other service agency of the city council Citv Council: (6) persons seeking certification of eligibility for participation in any eity 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 Inspector General from referring a complaint or information to the appropriate local, state or federal inspector general, the appropriate sister agency Sister Agency, or the appropriate federal, state or local law enforcement authorities.
(3) The powers and duties of the inspector general relative to the city council,
any member of the city council, and any city omployee defined as such under subsection 2-56 025(a)(2) or (a)(3), ohall be limited to invostigoting allegations that such person has violated Chapter 2-156 or any other law, order or rule/regulation applicable to such person in the performance of his duties or-the discharge of his responsibilities.
(1) Notwithstanding any other provision in this chapter to the contrary, if the office Office of the inspector general 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 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 Board of ethics 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.
Notwithstanding any other provision in this chapter to the contrary, at any point during an investigation that the inopoctor general Inspector General conducts on matters pertaining to violations of Chapter 2-156, the inspector general 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.
The inspector general 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 anytime 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 Inspector General under this Chapter are subject to an absolute four-year time limit from the date of initiation.
(c) Before the inspector gonoral 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.
SECTION 2. This ordinance shall be in full force and effect upon passage and
publication.