Public Accountability Report Public Accountability Report

Executive Ethics Commission
(Appropriated Spending in Thousands)
  FY 2019 FY 2018
Reporting Programs Expenditures Headcount Expenditures Headcount
Procurement $ 4,694.1 56.0 $ 4,719.5 54.5
Ethics $ 266.2 3.0 $ 310.5 3.0
Non-Reporting Programs
Administrative Support  $ 654.7 7.0 $ 946.2 8.0
Totals $ 5,615.0 66.0 $ 5,976.2 65.5

Totals may not add due to rounding.

Agency Narrative

The Executive Ethics Commission (EEC) carries out statutory mandates in the areas of ethics and procurement found in the State Officials and Employees Ethics Act (5 ILCS 430) and the Illinois Procurement Code (30 ILCS 500). The EEC consists of nine commissioners appointed by the executive branch constitutional officers. Appropriations made to the EEC also support the independent Chief Procurement Officers (CPOs), State Purchasing Officers (SPOs), and Procurement Compliance Monitors (PCMs). The EEC has jurisdiction over officers and employees of state agencies, universities, and transit boards with regard to matters arising under the Ethics Act. As part of its responsibilities, it conducts administrative hearings on allegations of wrongdoing brought by the Executive Inspectors General and redacts and publishes reports of responses to investigations. The EEC considers appeals of revolving-door determinations as to the appropriateness of state employees’ acceptance of employment, compensation, or fees within one year of terminating state employment. State agencies report to the EEC ex parte communications made to those state agencies. At least annually, the EEC hosts an Ethics Conference for state government ethics officers and personnel. Compliance is facilitated by an EEC website, brochures, and responses to ethics questions. EEC rules govern the performance of its duties and the Executive Inspectors General investigations. Executive Order 15-09, "Executive Order to Ensure Ethical and Responsive Government," issued January 13, 2015, established additional ethical duties for the EEC. Pursuant to the Order, the EEC prepares, publishes, and receives Supplemental Statements of Economic Interest required to be filed by certain executive branch officers and employees under the jurisdiction of the Governor. The Order also directs the Executive Director of the Commission to review and approve in advance, as appropriate, exceptions to the gift ban related to educational missions and travel for meetings to discuss state business. In addition to ethics, the EEC performs limited duties related to State of Illinois procurement. The EEC appoints CPOs, establishing their compensation and conducting hearings for their removal; conducts hearings regarding the removal of SPOs; appoints PCMs, establishing their salaries and conducting hearings for their removal; grants exemptions from conflict-of-interest provisions; and promulgates rules governing the reporting of procurement communications. The EEC is also responsible for appointing the Director of the Illinois Power Agency.

The four CPOs exercise procurement authority under the Illinois Procurement Code on behalf of and for the benefit of state agencies under the Governor and public institutions of higher education. The CPOs work with agencies and universities to meet their procurement needs while exercising independent authority, oversight, and approval designed to continuously improve the procurement process and ensure compliance with the law, fair treatment, diversity, integrity, transparency, and value. The CPOs direct and manage the Illinois Procurement Gateway vendor portal and the Small Business Set-Aside Program. As an independent authority, they use objectivity and impartiality in approving content for procurement bulletins, conducting hearings for sole-source and emergency procurements, reviewing potential conflicts of interest, providing a protest process for vendors, and conducting training for state personnel and vendors on a wide variety of procurement topics. The CPOs enforce the prohibition of political contributions by bidders and contractors. CPO appointment is subject to the advice and consent of the Illinois Senate. Each CPO is appointed to a term of five years and cannot be removed except for cause after a hearing. The CPOs exercise their procurement authority through independent SPOs. Each SPO reports to a CPO, is appointed to a five-year term, and cannot be removed except for cause after a hearing. The SPOs have general direct oversight of procurement activities and give approval to proceed at various stages of the process. The SPOs work in close conjunction with purchasing staff at the state agencies and public universities to meet their needs. PCMs exercise independent judgment in the review and oversight of the procurement process. PCMs promote best practices to improve compliance, effectiveness, and efficiency, and ensure transparency, accountability, and integrity in the procurement process. CPOs, SPOs, and PCMs provide an independent procurement structure that brings transparency and integrity to the procurement process while striving to achieve cost savings for the state through the application of competitive bidding and economical procurement practices.