Public Accountability Report

The Executive Ethics Commission (EEC) exercises powers and performs duties as prescribed by the State Officials and Employees Ethics Act (5 ILCS 430) (Ethics Act) and the Illinois Procurement Code (30 ILCS 500). The EEC is comprised of nine commissioners, five of whom are appointed by the Governor and one each by the Attorney General, Secretary of State, Comptroller, and Treasurer.

With respect to matters arising under the Ethics Act, the EEC has jurisdiction over officers and employees of executive branch state agencies, public universities, regional transit boards, and regional development authorities. As part of its responsibilities, the EEC conducts administrative proceedings regarding complaints of Ethics Act violations filed upon the conclusion of investigations conducted by Executive Inspectors General (EIGs). The EEC also receives, redacts, and publishes certain EIG investigative reports. Further, the EEC hears appeals of revolving-door determinations made by EIGs regarding whether state employees can accept employment, compensation, or fees from certain sources within one year of terminating state employment.

Regarding outreach and education about ethics and good government, the EEC approves annual Ethics and Harassment and Discrimination Prevention trainings provided to all officers and employees subject to EEC jurisdiction. The EEC also prepares public information materials to facilitate compliance, implementation, and enforcement of the Ethics Act and hosts an annual ethics conference for state government Ethics Officers and other personnel. Regarding ex parte communications, state agencies are required to report to the EEC communications they have received with respect to rulemaking, contested cases, and regulatory and licensing matters.

Additional duties assigned to the EEC under Executive Order (EO) 15-09, "Executive Order to Ensure Ethical and Responsive Government," issued January 13, 2015, include creating, publishing, and receiving Supplemental Statements of Economic Interest (SSEI) required to be filed by certain executive branch officers and employees under the jurisdiction of the Governor. EO 15-09 also directs the Commission's Executive Director to review and approve in advance, as appropriate, exceptions to the gift ban related to educational missions and travel for meetings related to state business.

In addition to Ethics Act matters, the EEC is charged with responsibilities related to the four independent Chief Procurement Officers (CPOs), and EEC appropriations also support the four independent CPOs and State Purchasing Officers (SPOs). The EEC appoints three of the CPOs and approves the fourth appointment. These appointments are for five-year terms and are subject to the advice and consent of the Illinois Senate. CPOs cannot be removed except for cause after a hearing before the EEC. The CPOs and their staffs provide an independent procurement structure that brings transparency and integrity to the procurement process while striving to achieve cost savings for the state through competitive bidding and economical procurement practices. The Procurement Code also authorizes the EEC to grant exemptions from conflict-of-interest provisions and to promulgate rules governing procurement communications reporting.

The four independent CPOs and their staffs 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, and value. The CPOs direct and manage the Illinois Procurement Gateway (IPG) vendor portal and the Small Business Set-Aside Program. As an independent authority, the CPOs use objectivity and impartiality to approve content for procurement bulletins. Additionally, they conduct hearings for sole-source and emergency procurements, review potential conflicts of interest, provide a protest process for vendors, and conduct training for state personnel and vendors on a wide variety of procurement topics. The CPOs also enforce the Procurement Code’s prohibition of political contributions by bidders and contractors.