Investigations

Several statutes protect state employees against retaliation for reporting misconduct:

The Human Rights Act, 775 ILCS 5/6-101(A), the Illinois Whistleblower Act, 740 ILCS 174/20.2, and Article 15 of the Ethics Act.

As an employee of the Illinois State Treasurer’s Office, you are protected under the State Officials and Employees Ethics Act from any form of retaliation for engaging in certain protected activities.

• Report allegations of sexual harassment, harassment, or unlawful discrimination as well as any conduct that you reasonably believe is in violation of a law, rule, or regulation.
• Disclose or threaten to disclose to your supervisor or any public body an act or omission you believe to be a violation of law, regulation, or policy by another ISTO employee.
• Provide information to or testify before any public body conducting an investigation, hearing or inquiry into a violation of law, regulation or policy.
• Assist or participate in a proceeding to enforce the State Officials and Employees Ethics Act.

The Treasurer’s Office cannot take retaliatory action against you such as reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment because of an employee’s involvement in a protected activity.

If you experience retaliation for engaging in a protected activity, you may be entitled to:

• Reinstatement to your position
• Double back pay
• Interest on back pay
• Restoration of fringe benefits and seniority rights
• Payment of reasonable attorney’s fees and costs

For more information, see the State Officials and Employees Ethics Act (5 ILCS 430/15-5 et seq.)

Under the State Officials and Employees Ethics Act, records and information related to OEIG investigations are considered confidential and are generally not subject to public disclosure.

Unless otherwise specified by law, all investigatory files and reports of the OEIG—with the exception of the required monthly reports under Section 20-85—are confidential, exempt from disclosure under the Freedom of Information Act (FOIA), and may only be shared under limited circumstances as outlined in 5 ILCS 430/20-95(d), such as with law enforcement, the ultimate jurisdictional authority, the Executive Ethics Commission (EEC), and another Inspector General appointed under the Ethics Act. 5 ILCS 430/20-95(d)

OEIG staff generally cannot disclose any information relating to investigations due to statutory confidentiality requirements. (5 ILCS 430/20-90(b)

However, at the OEIG’s discretion, limited updates may be provided to complainants and subjects of an investigation, such as notification of when an investigation is opened or closed. (5 ILCS 430/20-90(c)

In addition, upon request by the subject of an investigation, the OEIG is required to provide a written statement confirming its decision to close the investigation when the closure is based on a determination of insufficient evidence of a violation. (5 ILCS 430/20-51)

Lastly, complainants in certain limited types of cases may have additional rights regarding case-related information; if applicable, the OEIG must notify those individuals of those rights within five business days of receiving the complaint. 5 ILCS 430/20-63(b).

If you file a complaint with the OEIG for the Illinois State Treasurer alleging that you are a victim of discrimination, harassment, or sexual harassment in violation of:

• Section 5-65 of the State Officials and Employees Ethics Act (Ethics Act),
• Subsection (a) of Section 4.7 of the Lobbyist Registration Act, or
• Article 2 of the Illinois Human Rights Act,

you are entitled to specific Victim’s Rights related to the OEIG’s investigation of those allegations, as outlined in Section 20-63 of the Ethics Act (5 ILCS 430/20-63).

As set forth in Section 20-63 of the Ethics Act, an alleged victim of discrimination, harassment, or sexual harassment shall have the following rights: 

1. Within 5 business days of receiving a complaint in which the victim is identified, the OEIG will notify the victim of receipt of the complaint, inform the victim of their rights under Section 20-63 of the Ethics Act, and explain of the process, rules, and procedures related to the investigation of the complaint’s allegations and the duties of the OEIG and the Executive Ethics Commission.  See 5 ILCS 430/20-63(b)(1). 
2. Within 5 business days after the OEIG decides to open or close an investigation into the complaint or refer the complaint to another appropriate agency, the OEIG shall notify the victim of the decision unless the OEIG reasonably determines that publicly acknowledging the existence of an investigation would interfere with the conduct or completion of that investigation. See 5 ILCS 430/20-63(b)(2). 
3. The right to review statements and evidence given to the OEIG by the victim and any summary of those statements and evidence, if such summary exists. The victim may make suggestions of changes to those statements and evidence for the OEIG’s consideration, but the OEIG shall have the final authority to determine what statements, evidence, and summaries are included in any report of the investigation. See 5 ILCS 430/20-63(b)(3). 
4. The right to have a union representative, attorney, co-worker, or other support person who is not involved in the investigation, at the complainant’s expense, present at any interview or meeting, whether in person or by telephone or audio-visual communication, between the victim and the OEIG or Executive Ethics Commission. See 5 ILCS 430/20-63(b)(4). 
5. The right to submit an impact statement that shall be included with the OEIG’s summary report to the Executive Ethics Commission for its consideration. See 5 ILCS 430/20-63(b)(5). 
6. The right to testify at a hearing held by the Executive Ethics Commission under subsection (g) of Section 20-50, to the extent the hearing is based on an allegation of a violation of Section 5-65 of this Act or subsection (a) of Section 4.7 of the Lobbyist Registration Act involving the victim, and have a single union representative, attorney, co-worker, or other support person who is not involved in the investigation, at the victim’s expense, accompany them while testifying. See 5 ILCS 430/20-63(b)(6). 
7. The right to review, within 5 business days prior to its release, any portion of a summary report of the investigation subject to public release under this Article related to the allegations concerning the victim, after redactions made by the Executive Ethics Commission, and offer suggestions for redaction or provide a response that shall be made public with the summary report. See 5 ILCS 430/20-63(b)(7). 
8. The right to file a complaint with the Executive Ethics Commission for any violation of the above rights (as set forth in Section 20-63 of the Ethics Act) by the OEIG. See 5 ILCS 430/20-63(b)(8). 

   Please Note:  

1. The information contained on this website is a summary of what is set forth in the Ethics Act.  For the exact language of these rights, please see, generally, Section 20-63 of the Ethics Act or review the citation provided after each subsection. 
2. The Ethics Act uses the term “Complainant’s Rights” to refer to the rights of a “a known person identified in a complaint filed with an Executive Inspector General as a person subjected to alleged discrimination, harassment, or sexual harassment in violation of Section 5-65 of this Act, subsection (a) of Section 4.7 of the Lobbyist Registration Act, or Article 2 of the Illinois Human Rights Act, regardless of whether the complaint is filed by the person.”  For clarity, and because the victim may not be the person who files the complaint, this website uses the term “Victim’s Rights” or “Victim” in place of “Complainant’s Rights” or “Complainant.”  See generally, 5 ILCS 430/20-63(a). 
3. The victim shall have the sole discretion in determining whether to exercise the rights set forth above (and in Section 20-63 of the Ethics Act). See 5 ILCS 430/20-63(c). 
4. All rights set forth above (and in Section 20-63 of the Ethics Act) shall be waived if the victim fails to cooperate with the OEIG’s investigation of the complaint. See 5 ILCS 430/20-63(c). 
5.  The above notice requirements imposed the OEIG (as required by Section 20-63 of the Ethics Act) shall be waived if the OEIG is unable to identify or locate the victim. See 5 ILCS 430/20-63(d). 
6. A victim who receives a copy of any summary report, in whole or in part, as outlined above (and as required by Section 20-63 of the Ethics Act) shall keep the report confidential and shall not disclose the report prior to the publication of the report by the Executive Ethics Commission. A victim that violates this confidentiality requirement shall be subject to an administrative fine by the Executive Ethics Commission of up to $5,000. See 5 ILCS 430/20-63(e). 

The Ethics Act provides that the identity of an individual reporting any possible or alleged misconduct to the OEIG is confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of his or her name or disclosure of the individual’s identity is otherwise required by law. 5 ILCS 430/20-90(a).

However, if an investigation results in a finding of misconduct by an employee under the OEIG’s jurisdiction, a summary report of the investigation may be made public by the EEC, in accordance with applicable laws. These reports will be available on the EEC’s website (5 ILCS 430/20-52) as well as the OEIG’s website.