/
CURRENT ETHICS ISSUES Office of Executive Inspector General CURRENT ETHICS ISSUES Office of Executive Inspector General

CURRENT ETHICS ISSUES Office of Executive Inspector General - PowerPoint Presentation

breezeibm
breezeibm . @breezeibm
Follow
345 views
Uploaded On 2020-06-16

CURRENT ETHICS ISSUES Office of Executive Inspector General - PPT Presentation

for the Agencies of the Illinois Governor Neil P Olson General Counsel Illinois Pollution Control Board October 4 2018 Overview Revolving Door Prohibition Gift Ban De Minimis Meals and Refreshment ID: 778245

state oeig decision employment oeig state employment decision door regulatory revolving employee prospective eec employees contract ethics licensing effect

Share:

Link:

Embed:

Download Presentation from below link

Download The PPT/PDF document "CURRENT ETHICS ISSUES Office of Executiv..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

CURRENT ETHICS ISSUES

Office of Executive Inspector General

for the Agencies of the Illinois Governor

Neil P. Olson, General Counsel

Illinois Pollution Control Board

October 4, 2018

Slide2

Overview

Revolving Door Prohibition

Gift Ban /

De

Minimis

Meals and Refreshment

Ex

Parte

Communications

Ethics Act Amendments Affecting the OEIG

Slide3

Revolving Door Prohibition

State employees who participate in contract decisions the year prior to termination of state employment (5 ILCS 430/5-45(a))

State employees who participate in regulatory or licensing decisions the year prior to termination of state employment (5 ILCS 430/5-45(b))

Barred from employment or accepting compensation from vendor/grantee or regulated entity for one year after termination of state employment

Slide4

Revolving Door Prohibition

“C-List Employees” (5 ILCS 430/5-45(c))

Employees who, by the nature of their duties, may have the authority to participate personally and substantially in the award of State contracts or in regulatory or licensing decisions

Required to seek determination from OEIG prior to accepting non-State employment

Slide5

Revolving Door Prohibition

“H-List Employees” (5 ILCS 430/5-45(h))

Certain enumerated high-level employees, members, and officers

Barred for one year from accepting employment/compensation from vendor/grantee or regulated entity regardless of personal and substantial involvement

OEIG does not review prospective employment

Slide6

Revolving Door Determinations

C-List employees must notify the OEIG upon receiving an offer of non-state employment prior to accepting the offer; form RD-101

C-List employees must also notify their agency’s ethics officer

Ethics officer must submit an RD-102 form to the OEIG within 5 days of receiving the employee’s notification

The OEIG must make a determination as to whether the employee may accept the non-state employment within 10 calendar days of having received both the RD-101 form and the RD-102 form

Slide7

OEIG Procedures for Making Revolving Door Determinations

Revolving Door Forms, RD-101; RD-102; and RD-103

OEIG inquiry

Revolving door forms

Interviews

Other research

Basis for determination

Personal and substantial participation in a contract award or in a regulatory or licensing decision

Effect of the prospective employment on a contract, regulatory or licensing decision based on totality of participation

Slide8

OEIG Interpretation of Revolving Door Criteria

“Personal and substantial” participation requires, at minimum, an ability to influence the outcome of a contract, regulatory, or licensing decision (E.g., service on an evaluation panel [

In re: Burton,

15-EEC-005]; service as a site inspector [

In re: McBride

, 13-EEC-012])

“Substantial” participation does not require decision-making authority or actual decision-making, or that employee be the final decision-maker. (

In re: Doyle

, 15-EEC-007)

“Effect-test” – The OEIG is required (under 5 ILCS 430/5-45(f)) to assess the effect of the prospective employment on the contract, regulatory or licensing decision at issue

Slide9

OEIG Interpretation (cont’d)

The effect-test does not require the OEIG to find that there was a

quid pro quo

or

that the

prospective employment

had an actual effect on

the relevant decision before the OEIG can determine that the employee is restricted from accepting the offer of employment. (

In re:

Esuerte

, 13-EEC-019)

However, under the effect-test (Section 5-45(f)), the OEIG may consider evidence that the prospective employment did

not

improperly affect the relevant decision,

e.g.,

evidence that the state employee made, or participated in, a decision that was adverse to the prospective employer

Slide10

Recent RD Decision on

Regulatory Actions

In re: Schwartz

, 18-EEC-010: attorney representing agency in administrati

ve hearings, including two matters involving his prospective private employer.

OEIG determined that employee was

restricted from accepting employment and EEC affirmed the OEIG’s determination.

Note also ARDC referral regarding potential violation of Rules of Professional Conduct (Rule 1.11(d)(2)).

Slide11

Potentially Complex RD Issues

Meaning of “personal and substantial” participation

Meaning of “contracts”

Timing of a contract “award”

Meaning of “regulatory decision”

Ramifications of treating prospective “clients” as prospective “employers”

Meaning of a contract “involving” State agency

Slide12

Gift Ban – General Rules

A state employee may not intentionally solicit or accept any gift from any “prohibited source.” Ban extends to spouse and immediate family living with the employee.

12 statutory exceptions, including food or refreshments not exceeding $75 a day (subsection 10-15(8)) and cumulative total value of gifts of less than $100 per year (subsection 10-15(12)).

Agencies may adopt or maintain policies that are more restrictive.

Slide13

Gift Ban – Executive Order 15-09

Issued January 13, 2015

Section III – the 10-15(8) and the 10-15(12) exceptions do not apply.

Provided, however, state employees may accept “

de

minimis

meals or refreshments served at a business meeting or reception attended by the State Employee in the course of his or her official duties[.]”

Slide14

Gift Ban – Executive Order 15-09

“de

minimis

” undefined in EO and no EEC/OEIG precedent; Black’s Law Dictionary: “Trifling; negligible”

Look to nature of the food and drink items. Are they of the type commonly offered as part of a work-related function? What is the value?

Look to the context. EO requires the items be “served at a business meeting or reception attended by the State Employee in the course of his or her official duties[.]” Is the food/drink incidental to the performance of work duties? Or something additional?

Slide15

Ex Parte Communications

Section 5-50 of the Ethics Act applies to certain agencies, including the Pollution Control Board

Definition of “ex

parte

communication”: “any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi-adjudicatory, investment, or licensing matters pending before or under consideration by the agency.”

Does not include statements in a public forum, statements about policy and procedure, or intra-agency statements

Slide16

Ex Parte Communications

What do if receive an ex

parte

communication? Depends on source: interested party or non-interested party.

Interested Party: promptly memorialize and made a part of the record

Non-Interested Party: reported to the ethics officer who shall require that it is promptly made part of the record and file the communication with the EEC, together with supporting documentation.

Slide17

Recent Ethics Act Legislation

P.A. 100-0554, eff. 11/16/17: 1) requiring sexual harassment policies; 2) adding a prohibition on sexual harassment; 3) requiring sexual harassment training; and 4) establishing penalties for violating the sexual harassment prohibitions.

P.A. 100-0558, eff. 6/8/18: 1) new information on OEIG website for complainants and subjects; 2) timing of AG referrals; 3) new information in monthly public reports; and 4) discretion to disclose status of investigation to subjects and complainants.

Slide18

Questions?