§ 2-56-050 — Conduct of City officers, employees, and other entities

2-56-050 Conduct of City officers, employees, and other entities.

(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 witness, except for criminal investigations pursuant to Section 2-56-030(j) of this Code, or a person subject to investigation or a subpoena in relation to a complaint under the Inspector General’s jurisdiction, the Inspector General shall inform the person of: (i) the general purpose of the interview; and (ii) that the person’s right to be represented by counsel and, if applicable, a union representative at the interview. Any such representation of the person by counsel and, if applicable, a union representative shall not limit the rights of City officers and employees to be represented by the Department of Law as authorized under the Municipal Code of Chicago or Section 21-11 of Revised Cities and Villages Act of 1941, codified at 65 ILCS 20/21-11. (d) Attorneys from the Department of Law may only attend an interview of a witness or person under investigation: (1) as requested by the person being interviewed if the Department of Law has agreed to represent such person pursuant to Section 2-60-020, Section 2-60-100 or Section 2-152-170, or as otherwise directed by the City Council in accordance with Section 21-11 of the Revised Cities and Villages Act of 1941, codified at 65 ILCS 20/21-11; (2) when the person being interviewed is a party or potential witness in pending or documented threatened litigation against the City, and such pending or documented threatened litigation is directly or indirectly related to the subject matter of the interview; or (3) as approved in writing by the Inspector General after receiving a request that the Department of Law has deemed such attendance necessary to fulfill its duty to represent the interests of the City under the Municipal Code of Chicago or Section 21-11 of Revised Cities and Villages Act of 1941, codified at 65 ILCS 20/21-11. (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; Amend Coun. J. 7-16-25, p. 30431, § 1)