REPORT OF THE
COMMITTEE ON FINANCE
The Honorable,
The Board of Commissioners of
ATTENDANCE
|
Present: |
Chairman Daley, Vice Chairman Sims, Commissioners Beavers,
Butler, Claypool, Collins, Goslin, Maldonado, Moreno, Murphy, Peraica,
Quigley, Schneider, Silvestri, Steele and Suffredin (16) |
|
Absent: |
President Stroger and Commissioner Gorman (1) |
|
Also Present: |
Patrick T. Driscoll, Jr. – Deputy State’s Attorney, Chief,
Civil Actions Bureau; Richard
Velázquez – Special Counsel to the President; Laura Lechowicz Felicione –
Special Counsel to the President; Joseph M. Fratto – Comptroller of Cook
County; Dr. Stephen Martin – Chief Operating Officer, Department of Public
Health; James Anderson – Office of the Chief Judge; Gail Lutz – Executive
Clerk for Public Policy, Office of the Clerk of the Circuit Court; and Turee
Olsen – Associate Clerk, Office of the Clerk of the Circuit Court |
Court Reporter: Anthony
W. Lisanti, C.S.R.
Ladies and
Gentlemen:
Your Committee
on Finance of the Board of Commissioners of Cook County met pursuant to notice
on
Your Committee
has considered the following items and upon adoption of this report, the
recommendations are as follows:
|
288055 |
CLERK OF THE CIRCUIT COURT, Dorothy Brown, transmitting a
Communication, dated respectfully request approval by the Board of
Commissioners of Cook County to transfer funds within the Clerk of the
Circuit Court’s Office. These transfers are needed in various departments and
accounts due to FY 2006 payments expended against FY 2007 funds, reductions
in budget accounts after funds had already been expended, and unanticipated
cost increases. Transfer of Funds from Account: 343-110 Salaries and Wages of Regular Employees $88,212.00 344-110 Salaries and Wages of Regular Employees $54,214.00 348-110 Salaries and Wages of Regular Employees $54,758.00 TOTAL $197,184.00 Transfer of Funds to Account: 335-120 Overtime Compensation $18,491.00 335-183 Seminars for Professional Employees $2,300.00 335-186 Training Programs for Staff Personnel $13,527.00 335-250 Premiums on Fidelity, Surety Bonds and Public Liability $305.00 335-260 Professional and Managerial Services $24,704.00 335-261 Legal Fee Regarding Labor Matters $58,000.00 335-440 Maintenance and Repair of Office Equipment $9,135.00 343-120 Overtime Compensation $18,472.00 344-120 Overtime Compensation $4,650.00 360-120 Overtime Compensation $5,500.00 372-120 Overtime Compensation $42,100.00 TOTAL $197,184.00
Transfer of Funds from Account: 529-110 Salaries and Wages of Regular Employees $125,000.00 Transfer of Funds to Account: 529-240 Printing and Publishing $125,000.00 * Referred, as amended, to
the Committee on Finance on |
Gail Lutz, Executive Clerk for Public Policy for the Clerk
of the Circuit Court, provided the members with a brief overview of the
transfers requested.
Commissioner Suffredin asked whether Ms. Lutz believed that
additional transfers would be needed prior to the end of fiscal year 2007.
Ms. Lutz responded that because the Clerk’s office must pay
overtime in order to service the courts, she could not guarantee that
additional transfers of funds would not be requested prior to the end of the
fiscal year.
Commissioner Quigley was concerned with a portion of the
transfer to pay for services rendered by vendors who were continuing to work
without the Board’s approval of a contract or contract extension.
Chairman Daley inquired whether the $58,000 transfer to the 335-261
Account was to pay for the Petronella contract.
Ms. Lutz stated that part of the $58,000 transfer was for
the Petronella contract, and the rest was for other arbitration costs.
Chairman Daley remarked that the Board had ended the
practice of approving contracts for outside lobbyists prior to the 2007
budget. He asked if any of the transfers
requested were for lobbying services.
Turee Olsen, Associate Clerk for the Clerk of the Circuit
Court, responded in the negative.
Commissioner Silvestri asked Ms. Lutz to provide further
information on the source accounts from which the funds will be transferred.
Ms. Lutz explained that these transfers were coming from
lapsed dollars, which resulted from resignations and absenteeism.
Commissioner Steele asked for further information regarding
overtime for the Clerk of the Circuit Court in order to service the courts.
Jim Anderson, a representative from the Office of the Chief
Judge, stated that there is clearly a need for overtime for the Clerk of the
Circuit Court. Although some overtime is
impossible to eliminate, because bond and night courts must remain open, there
are ways to work with the Clerk of the Circuit Court to minimize overtime
hours. He added that this issue would be
actively addressed between the two offices, and that the commissioners would be
apprised of the efforts made to reduce overtime.
Commissioner Schneider asked why obligations from fiscal
year 2006 were being paid with fiscal year 2007 monies.
Joseph Fratto, Cook County Comptroller, explained the
procedure used by the Office of the Comptroller to close out the year. He stated that close out date for a given
fiscal year is chosen and communicated to all departments and elected
officials. Although he was not
Comptroller in fiscal year 2006, he believed that the close out date was
Ms. Lutz stated that she believed the requisitions for
payment were submitted prior to the close out date for fiscal year 2006.
Mr. Fratto stated that he would research the items in
question to determine when they were submitted to his office for payment.
Commissioner
Suffredin, seconded by Commissioner Butler, moved the approval of Communication
Number 288055, as amended. The motion carried.
|
288056 |
DEPARTMENT OF PUBLIC HEALTH, by Stephen A. Martin, Jr.,
Ph.D., M.P.H., Chief Operating Officer, transmitting a Communication, dated requesting approval by the Board of Commissioners of Cook
County to transfer funds within the 895 Department of Public Health budget. Transfer of Funds
from Account: 895-110 Salary and Wages of Regular Employees $474,700.00 TOTAL $474,700.00 Transfer of Funds to
Account: 895-133 Per Diem Personnel $10,000.00 895-182 Employee Tuition Refund $25,000.00 895-355 Photographic and Reproduction Supplies $15,000.00 895-360 Medical, Dental, and Laboratory Supplies $50,000.00 895-441 Maintenance and Repair of Data Processing Equipment
and Software $132,000.00 895-442 Maintenance and Repair of Medical, Dental
and Laboratory Equipment $20,000.00 895-630 Rental of Office Equipment $1,700.00 895-660 Rental of Facilities $70,000.00 895-361 Pharmaceutical Supplies $135,000.00 895-429 Utilities $14,000.00 895-461 Maintenance of Facilities $2,000.00 TOTAL $474,700.00 * Referred to the Committee
on Finance on |
Dr. Stephen
Martin, Chief Operating Officer of the Department of Public Health, provided
the members with a brief overview of the transfer request.
Commissioner Butler,
seconded by Commissioner Suffredin, moved the approval of Communication Number
288056. The motion carried.
|
284063 |
INDEPENDENT
INSPECTOR GENERAL
(PROPOSED ORDINANCE AMENDMENT).
Submitting a Proposed Ordinance Amendment sponsored by Todd H. Stroger, President, Mike Quigley and John P.
Daley, County Commissioners; Co-Sponsored by The following is a synopsis of the
Proposed Ordinance Amendment. PROPOSED ORDINANCE AMENDMENT BE IT ORDAINED, by
the Cook County Board of Commissioners that Chapter 12, Division 5, of the
Cook County Code is hereby amended as follows:
Division 5. Inspector General Sec. 2-281. Establishment. Sec. 2-282. Qualifications, Sec.
2-283. Purpose of office. Sec. 2-284. Functions, authority and powers
Sec. 2-287. Quarterly Reports. Sec. 2-288. Sec. 2-289. Confidentiality – Public Statements. Sec. 2-290. Removal of Independent Inspector
General. Sec. 2-291. Violations and penalties. Sec. 2-292. Severability. Sec. 2-293.
Effective Date. * Referred
to the Committee on Finance on * Deferred
in Committee, along with Amendment #1 at the * Deferred
in Committee as Amended (inclusive of Amendments #1 through and including #4,
which were approved) at the June 11, 2007 Finance Committee Meeting. |
Commissioner Quigley,
seconded by Commissioner Silvestri, moved the approval of the Proposed
Ordinance Amendment (Communication Number 284063), as amended.
Chairman Daley stated for the record that the Proposed
Ordinance Amendment (Communication Number 284063), as amended, concerning the
Office of the Inspector General that has been distributed was submitted in its
entirety, and is inclusive of Amendments #1 through and including #4 which were
approved at the June 11, 2007 Finance Committee Meeting.
Commissioner Beavers asked Chairman Daley if this Proposed
Ordinance Amendment still contained the section under which the Inspector
General can investigate commissioners and their staff.
Chairman Daley responded affirmatively.
Commissioner Quigley requested information as to the reason
why the outside legal opinion from Perkins Coie LLP was sought by the Office of
the President. This opinion was made a
part of the record of the
Richard Velázquez, Special Counsel to the President,
responded that there was no intent to set a precedent by seeking this outside
legal opinion, however the State’s Attorney presented an opinion on this matter
in which they are a party at issue.
Because of this, and because of the importance of the matter at hand, it
was believed that a legal opinion should be sought from an outside, independent
party. He added that the opinion was
prepared by Ted Chung and Roseann Oliver from the law firm of Perkins Coie LLP
on a pro-bono basis.
Chairman Daley added that if the Board should decide to
solicit another independent legal opinion that was not prepared on a pro-bono
basis, the request for payment for this opinion, if over a certain dollar
amount, would be placed upon the Board Agenda and referred to Commissioner
Silvestri’s Litigation Subcommittee.
Commissioner Peraica asked Patrick Driscoll,
Mr. Driscoll replied that this issue may provide grounds for
a party with standing to challenge the ordinance as presented on the possible
separation of powers violation.
AMENDMENT #5 TO
PROPOSED ORDINANCE AMENDMENT
CONCERNING THE OFFICE
OF THE INDEPENDENT INSPECTOR GENERAL
Sponsored by: LARRY SUFFREDIN, COOK
COUNTY BOARD COMMISSIONER
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY,
Sec. 2-284. Functions,
authority and powers.
ADD:
(14) Where a
separately elected official has statutory authority to conduct an independent
investigation that may lead to filing of criminal charges, the OIIG shall not
have authority to investigate that separately elected official’s office.
Commissioner Suffredin,
seconded by Commissioner Murphy, moved the approval of Amendment #5 to the
Proposed Ordinance Amendment (Communication Number 284063), as amended. Commissioner Moreno called for a Roll Call,
the vote of yeas and nays being as follows:
ROLL
CALL ON MOTION TO APPROVE AMENDMENT #5 TO the Proposed
Ordinance
Amendment (COMMUNICATION NUMBER 284063), AS AMENDED
|
Yeas: |
Chairman Daley, Commissioners Claypool, Goslin, Quigley, Schneider,
Silvestri, Steele and Suffredin (8) |
|
Nays: |
Vice Chairman Sims and Commissioners Beavers, |
|
Present: |
None (0) |
|
Absent: |
Commissioner Gorman (1) |
|
Divided: |
None (0) |
The motion to approve
Amendment #5 to the Proposed Ordinance Amendment (Communication Number 284063),
as amended, FAILED.
AMENDMENT #6 TO
PROPOSED ORDINANCE AMENDMENT
CONCERNING THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL
Sponsor: Gregg Goslin,
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COOK COUNTY,
Section
2-284. Functions,
authority and powers. Powers and duties.
(1)
To receive and register complaints and information concerning corruption, fraud,
waste, mismanagement, unlawful political discrimination and misconduct
in the operations of County Government; including, but not limited to any
County contract, grant, lease, license, or application or certification of
eligibility for the same; all County employees, departments, bureaus, boards,
agencies, agents, or independent contractors; appointed officials, and elected
officials in the performance of their official duties; contractors and
subcontractors providing goods and services pursuant to a County contract; and
all persons and business entities seeking County contracts or certification of
eligibility for County contracts.
(a) Complaints
and other documents, relating to the Independent Inspector General’s
investigations, shall be verified by certification. The several matters stated in the complaints
and other documents shall be stated positively or upon information and belief
only, according to the fact.
(b) The person
having knowledge of the matters stated in the complaint or other document
certified in accordance with this Section shall subscribe to a certification in
substantially the following form: Under
penalties as provided by law pursuant to Section 2-291 of the Office of
Independent Inspector General Ordinance, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as to
matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be
true.
(c) Any
complaint and other document, relating to the Independent Inspector General’s
investigations, certified in accordance with this Section may be used in the
same manner and with the same force and effect as though subscribed and sworn
to under oath.
(d) Any person
who makes a false statement, material to the issue or point in question, which
he does not believe to be true, in any complaint or other document relating to
the Independent Inspector General’s investigations, and which is certified by
such person in accordance with this Section shall be guilty of knowingly
furnishing false statements or misleading information and shall be subject to
violations and penalties in Sec. 2-291.
Section 2-291. Violations
and penalties.
(6) Any
person who makes a false statement, material to the issue or point in question,
which he does not believe to be true, in any complaint or other document
relating to the Independent Inspector General’s investigations, and which is
certified by such person in accordance with Section 2-284(1) shall be guilty of
knowingly furnishing false statements or misleading information. Any person
found to have violated, intentionally obstructed or interfered with an
investigation of, or intentionally made a false, misleading or bad faith
allegation or claim in accordance with Section 2-284(1) shall be subject to the
above listed penalties and may be further subject to a penalty of up to six (6)
months imprisonment and fines up to $5,000.00 per violation. Actions seeking the imposition of a fine
shall be filed as quasi-criminal actions subject to the provisions of the
***
Commissioner Goslin, seconded
by Commissioner Suffredin, moved the approval of Amendment #6 to the Proposed
Ordinance Amendment (Communication Number 284063), as amended.
Commissioner Goslin introduced Amendment #6, which imposes
serious consequences for those who make false or frivolous accusations with
respect to investigations of elected officials by the Office of the Independent
Inspector General.
Commissioner Claypool expressed concerns regarding the
potentially conflicting language between Amendment #6 and the County’s
Whistleblower Protection Ordinance, stating that it would seem to reduce the
level of confidentiality extended to employees if they were made to sign a
document and certify their claim or statement under oath. He asked whether the sponsor would be willing
to amend Amendment #6 to exempt employees from the amendment.
Laura Lechowicz Felicione, Special Counsel to the President,
addressed Commissioner Claypool’s concerns.
She pointed out that under the Whistleblower Protection Ordinance, it
states that protection shall not apply to those who knowingly make a false
report.
Commissioner
Maldonado, seconded by Commissioner Claypool, moved to amend Amendment #6 to
the Proposed Ordinance Amendment (Communication Number 284063), as amended, to
exempt employees of the County of Cook in the certification section of
Amendment #6. Following discussion,
Commissioner Maldonado withdrew his motion.
Vice Chairman Sims,
seconded by Commissioner Peraica, moved to lay it on the table. Following discussion, Vice Chairman Sims
withdrew her motion.
Commissioner Murphy
moved to amend an amendment that was previously distributed to change the
language to state, “therefore every elected official shall be exempt from this
ordinance.” In order to allow
Commissioner Goslin to submit to the Committee the Revised Amendment #6 to the
Proposed Ordinance Amendment (Communication Number 284063), as amended,
Commissioner Murphy withdrew her motion.
REVISED AMENDMENT #6
TO PROPOSED ORDINANCE AMENDMENT
CONCERNING THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL
Sponsor: Gregg Goslin,
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COOK COUNTY,
Section
2-284. Functions,
authority and powers. Powers and duties.
(1)
To receive and register complaints and information concerning corruption, fraud,
waste, mismanagement, unlawful political discrimination and misconduct
in the operations of County Government; including, but not limited to any
County contract, grant, lease, license, or application or certification of
eligibility for the same; all County employees, departments, bureaus, boards,
agencies, agents, or independent contractors; appointed officials, and elected
officials in the performance of their official duties; contractors and
subcontractors providing goods and services pursuant to a County contract; and
all persons and business entities seeking County contracts or certification of
eligibility for County contracts.
(a) Complaints
and other documents, relating to the Independent Inspector General’s
investigations of elected officials, shall be verified by certification. The several matters stated in the complaints
and other documents shall be stated positively or upon information and belief
only, according to the fact.
(b) The person
having knowledge of the matters stated in the complaint or other document
certified in accordance with this Section shall subscribe to a certification in
substantially the following form: Under
penalties as provided by law pursuant to Section 2-291 of the Office of
Independent Inspector General Ordinance, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as to matters
therein stated to be on information and belief and as to such matters the
undersigned certifies as aforesaid that he verily believes the same to be true.
(c) Any
complaint and other document, relating to the Independent Inspector General’s
investigations, certified in accordance with this Section may be used in the
same manner and with the same force and effect as though subscribed and sworn
to under oath.
(d) Any person
who makes a false statement, material to the issue or point in question, which
he does not believe to be true, in any complaint or other document relating to
the Independent Inspector General’s investigations of elected officials, and
which is certified by such person in accordance with this Section shall be
guilty of knowingly furnishing false statements or misleading information and
shall be subject to violations and penalties in Sec. 2-291.
Section 2-291. Violations
and penalties.
(6) Any
person who makes a false statement, material to the issue or point in question,
which he does not believe to be true, in any complaint or other document
relating to the Independent Inspector General’s investigations of elected
officials, and which is certified by such person in accordance with Section
2-284(1) shall be guilty of knowingly furnishing false statements or misleading
information. Any person found to have violated, intentionally obstructed or
interfered with an investigation of, or intentionally made a false, misleading
or bad faith allegation or claim in accordance with Section 2-284(1) shall be
subject to the above listed penalties and may be further subject to a penalty
of up to six (6) months imprisonment and fines up to $5,000.00 per
violation. Actions seeking the
imposition of a fine shall be filed as quasi-criminal actions subject to the
provisions of the
Commissioner Goslin,
seconded by Commissioner Schneider, moved to accept the Revised Amendment #6 to
the Proposed Ordinance Amendment (Communication Number 284063), as
amended. The motion carried.
Commissioner Butler expressed concerns with respect to the
language addressing false statements, as he felt it was not specific enough to
differentiate between false statements made intentionally and those made
unintentionally under a misguided or misinformed belief.
Commissioner Goslin,
seconded by Commissioner Schneider, moved to amend the Revised Amendment #6 to
the Proposed Ordinance Amendment (Communication Number 284063), as amended, as
follows:
AMENDMENT TO
REVISED AMENDMENT #6 TO PROPOSED ORDINANCE AMENDMENT
CONCERNING THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL
Sponsor: Gregg Goslin,
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COOK COUNTY,
Section
2-284. Functions,
authority and powers. Powers and duties.
(1)
To receive and register complaints and information concerning corruption, fraud,
waste, mismanagement, unlawful political discrimination and misconduct
in the operations of County Government; including, but not limited to any
County contract, grant, lease, license, or application or certification of
eligibility for the same; all County employees, departments, bureaus, boards, agencies,
agents, or independent contractors; appointed officials, and elected officials
in the performance of their official duties; contractors and subcontractors
providing goods and services pursuant to a County contract; and all persons and
business entities seeking County contracts or certification of eligibility for
County contracts.
(a) Complaints
and other documents, relating to the Independent Inspector General’s
investigations of elected officials, shall be verified by certification. The several matters stated in the complaints
and other documents shall be stated positively or upon information and belief
only, according to the fact.
(b) The person
having knowledge of the matters stated in the complaint or other document
certified in accordance with this Section shall subscribe to a certification in
substantially the following form: Under
penalties as provided by law pursuant to Section 2-291 of the Office of
Independent Inspector General Ordinance, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as to
matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be
true.
(c) Any
complaint and other document, relating to the Independent Inspector General’s
investigations, certified in accordance with this Section may be used in the
same manner and with the same force and effect as though subscribed and sworn
to under oath.
(d) Any person
who intentionally makes a false statement, material to the issue or
point in question, which he does not believe to be true, in any
complaint or other document relating to the Independent Inspector General’s
investigations of elected officials, and which is certified by such person in accordance
with this Section shall be guilty of knowingly furnishing false statements or
misleading information and shall be subject to violations and penalties in Sec.
2-291.
Section 2-291. Violations
and penalties.
(6) Any
person who makes a false statement, material to the issue or point in question,
which he does not believe to be true, in any complaint or other document
relating to the Independent Inspector General’s investigations of elected
officials, and which is certified by such person in accordance with Section
2-284(1) shall be guilty of knowingly furnishing false statements or misleading
information. Any person found to have violated, intentionally obstructed or
interfered with an investigation of, or intentionally made a false, misleading
or bad faith allegation or claim in accordance with Section 2-284(1) shall be
subject to the above listed penalties and may be further subject to a penalty
of up to six (6) months imprisonment and fines up to $5,000.00 per violation. Actions seeking the imposition of a fine
shall be filed as quasi-criminal actions subject to the provisions of the
***
On the motion made by
Commissioner Goslin, seconded by Commissioner Schneider, to amend the Revised
Amendment #6 to the Proposed Ordinance Amendment (Communication Number 284063),
as amended, Vice Chairman Sims called for a Roll Call, the vote of yeas and
nays being as follows:
ROLL
CALL ON MOTION TO AMEND THE revised AMENDMENT #6 TO the Proposed ORdinance
Amendment (COMMUNICATION NUMBER 284063), AS AMENDED
|
Yeas: |
Chairman Daley, Commissioners Claypool, Goslin, Maldonado,
|
|
Nays: |
Vice Chairman Sims and Commissioners Collins, Murphy and
Steele (4) |
|
Present: |
None (0) |
|
Absent: |
Commissioners Beavers, |
|
Divided: |
None (0) |
The motion to amend
the Revised Amendment #6 to the Proposed Ordinance Amendment (Communication
Number 284063), as amended, CARRIED.
Returning to the
motion made by Commissioner Goslin, seconded by Commissioner Suffredin, to
approve the Revised Amendment #6, as amended, to the Proposed Ordinance
Amendment (Communication Number 284063), as amended, a voice vote was taken and
the motion CARRIED. Vice Chairman Sims and
Commissioners Collins and Murphy voted No.
REVISED AMENDMENT #7
TO PROPOSED ORDINANCE AMENDMENT
CONCERNING THE OFFICE
OF THE INDEPENDENT INSPECTOR GENERAL
Sponsored by: JOAN PATRICIA MURPHY, COOK
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY,
Sec. 2-284. Functions, authority and powers. Powers and duties.
ADD:
The
proposed ordinance greatly expands the powers of the Inspector General and
makes fundamental changes in the county form of government as provided by state
statute, therefore elected officials shall be exempt from this ordinance.
Commissioner Murphy,
seconded by Commissioner Steele, moved the approval of the Revised Amendment #7
to the Proposed Ordinance Amendment (Communication Number 284063), as amended. Commissioner Goslin called for a Roll Call,
the vote of yeas and nays being as follows:
ROLL
CALL ON MOTION TO APPROVE the Revised AMENDMENT #7 TO the Proposed ordinance
amendment (COMMUNICATION NUMBER 284063), AS AMENDED
|
Yeas: |
Vice Chairman Sims, Commissioners Collins, Murphy, Steele
and Suffredin (5) |
|
Nays: |
Chairman Daley and Commissioners Claypool, Goslin,
Maldonado, |
|
Present: |
None (0) |
|
Absent: |
Commissioners Beavers, |
|
Divided: |
None (0) |
The motion to approve
the Revised Amendment #7 to the Proposed Ordinance Amendment (Communication
Number 284063), as amended, FAILED.
Vice Chairman Sims,
seconded by Commissioner Murphy, moved to defer consideration of the Proposed
Ordinance Amendment (Communication Number 284063), as amended. Commissioner Moreno called for a Roll Call,
the vote of yeas and nays being as follows:
ROLL
CALL ON MOTION TO DEFER CONSIDERATION OF THE PROPOSED
ORDINANCE
AMENDMENT (communication number 284063), as amended
|
Yeas: |
Vice Chairman Sims and Commissioners Collins, Murphy,
Steele and Suffredin (5) |
|
Nays: |
Chairman Daley and Commissioners Claypool, Goslin, Maldonado,
|
|
Present: |
None (0) |
|
Absent: |
Commissioners Beavers, |
|
Divided: |
None (0) |
The motion to defer
consideration of the Proposed Ordinance Amendment (Communication Number 284063),
as amended, FAILED.
Returning to the main
motion made by Commissioner Quigley, seconded by Commissioner Silvestri, to approve
and adopt the Proposed Ordinance Amendment (Communication Number 284063), as
amended, Commissioner Moreno called for a Roll Call, the vote of yeas and nays
being as follows:
ROLL
CALL ON MOTION TO APPROVE and adopt THE PROPOSED ORDINANCE AMENDMENT
(communication number 284063), as amended
|
Yeas: |
Chairman Daley, Commissioners Claypool, Goslin, Maldonado,
|
|
Nays: |
Vice Chairman Sims and Commissioners Collins, Murphy and
Steele (4) |
|
Present: |
None (0) |
|
Absent: |
Commissioners Beavers, |
|
Divided: |
None (0) |
The motion to approve and
adopt the Proposed Ordinance Amendment (Communication Number 284063), as
amended, CARRIED.
Vice Chairman Sims and
Commissioners Beavers, Collins, Murphy and Suffredin requested to be removed as
co-sponsors of the Proposed Ordinance Amendment (Communication Number 284063),
as amended.
Following is the
Proposed Ordinance Amendment (Communication Number 284063), as amended and
approved (inclusive of Amendments #1 through and including #4, which were
approved at the June 11, 2007 Finance Committee Meeting, and Revised Amendment
#6, as amended, approved at the July 24, 2007 Finance Committee Meeting.)
284063 INDEPENDENT
INSPECTOR GENERAL (PROPOSED ORDINANCE AMENDMENT). Sponsored by President Stroger and
Commissioners Quigley and Daley; Co-Sponsored by Commissioners Murphy, Beavers, Collins, Gorman,
Goslin, Maldonado, ,
Sims, and Steele and Suffredin.
Submitting a Proposed Ordinance
Amendment sponsored by
TODD H. STROGER, President, MIKE
QUIGLEY and JOHN P. DALEY,
Co-Sponsored by
JOAN PATRICIA MURPHY, WILLIAM M. BEAVERS, JERRY
BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, ROBERTO
MALDONADO, JOSEPH MARIO MORENO, ANTHONY J. PERAICA, TIMOTHY O. SCHNEIDER, PETER
N. SILVESTRI, DEBORAH
SIMS, AND ROBERT B. STEELE and LARRY SUFFREDIN, County
Commissioners
PROPOSED
ORDINANCE AMENDMENT
Sec. 2-281. Establishment.
There is
hereby established an office of , which
(“OIIG”). The Independent
Inspector General shall head the OIIG. The organization and administration of the
OIIG shall be sufficiently independent to assure that no interference or
influence external to the office adversely affects the independence and
objectivity of the Independent Inspector General. The OIIG shall include an inspector
general and such deputies, assistants and other employees as may be provided in
the annual appropriation ordinance.
Sec. 2-282. Qualifications, Appointment,
and Term.
(a) The Independent Inspector General shall
be a person who has:
(1) A four-year degree from an accredited institution of higher
learning; and
(2) A minimum of ten (10) years of federal, state, or local
government experience as a law enforcement officer, attorney or judge; and
(3) Prior work experience managing and completing complex
investigations involving allegations of fraud, theft, deception, or conspiracy.
(b) The
Independent Inspector General shall be appointed through the following process:
(1) Upon the request of the President
(“President”) of the Cook County Board of Commissioners, the Chicago Bar
Association and the Cook County Bar Association, shall jointly submit a list of
three (3) individuals to the President. The list shall be accompanied by resumes,
qualifications and a brief statement detailing each individuals' credentials
for the appointment of Independent Inspector General. Recommendations shall
include individuals that meet the criteria of this section.
(2) The
President will appoint a bi-partisan selection committee (“Selection
Committee”) to consist of four (4) Commissioners (two representing the majority
party and two representing the minority party on the Cook County Board), the
Cook County State’s Attorney and the Director of the Cook County Board of
Ethics. The Selection Committee shall
conduct interviews and/or any other such investigations of the candidates as
the Selection Committee deems fit, and shall nominate one of the individuals on
the list to become the Independent Inspector General. The President maintains
his ex-officio non-voting status as governed in 2-105-C(2). If none of the candidates receives a majority
vote, the President shall cast a deciding vote.
(3) Upon the approval of a majority vote of
those elected and entitled to vote on the
(4) Upon expiration of the Independent
Inspector General’s term, the President may request that the
(5) The Cook County Bureau of Human
Resources shall be responsible for ensuring that background checks are
conducted on the nominees selected by the bar associations. The results of the background checks shall be
provided to the selection committee prior to the interview of candidates.
Sec. 2-283. Purpose
of office.
The purpose of the Office of Independent Inspector General
is to detect, deter and prevent corruption, fraud, waste, mismanagement,
unlawful political discrimination or misconduct in the operation of County
government. For purposes of this Ordinance, “unlawful political discrimination” shall
be defined as follows: conduct affecting
a non-exempt employee’s hiring, firing or terms and conditions of employment
based on political reasons and factors.
Such political reasons and factors, include the following:
(a) Recommendations
for hiring, promotion or other employment terms for specific persons from
public office holders or political party officials that are not based on
personal knowledge of the person’s work skills, work experience or other
job-related qualifications.
(b) The
fact that the person worked in a political campaign or belongs to a political
organization or political party. Or the
fact that the person chose not to work in a political campaign or to belong to
a political organization or a political party.
The mere fact that a person worked for a political campaign for elective
office does not prohibit consideration of a recommendation related to that
person insofar as the basis for that recommendation relates to the person’s
relevant work experience.
(c) The
fact that the person contributed money, raised money or provided something else
of value to a candidate for public office or a political organization. Or the fact that the person chose not to
contribute or raise money for a candidate for public office or a political
organization.
(d) The
fact that the person is a Democrat or a Republican or a member of any other
political party or group. Or the fact
that the applicant is not a member.
(e) The
fact that the person expressed views or beliefs on political matters such as
what candidates or elected officials he or she favored or opposed, what public
policy issue he or she favored or opposed, or what views on government actions
or failures to act he or she expressed.
Sec. 2-284. Functions, authority and powers. Powers and duties.
In addition to other powers
conferred herein, the Inspector General OIIG shall have the following duties functions,
authority and powers:
(1) To receive and register complaints and
information concerning corruption, fraud, waste, mismanagement,
unlawful political discrimination and misconduct in the operations of
County Government; including, but not limited to any County contract, grant,
lease, license, or application or certification of eligibility for the same;
all County employees, departments, bureaus, boards, agencies, agents, or
independent contractors; appointed officials, and elected officials in the
performance of their official duties; contractors and subcontractors providing
goods and services pursuant to a County contract; and all persons and business
entities seeking County contracts or certification of eligibility for County
contracts.
(a) Complaints
and other documents, relating to the Independent Inspector General’s
investigations of elected officials, shall be verified by certification. The several matters stated in the complaints
and other documents shall be stated positively or upon information and belief
only, according to the fact.
(b) The person
having knowledge of the matters stated in the complaint or other document
certified in accordance with this Section shall subscribe to a certification in
substantially the following form: Under
penalties as provided by law pursuant to Section 2-291 of the Office of
Independent Inspector General Ordinance, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as to
matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be
true.
(c) Any
complaint and other document, relating to the Independent Inspector General’s
investigations, certified in accordance with this Section may be used in the
same manner and with the same force and effect as though subscribed and sworn
to under oath.
(d) Any person
who intentionally makes a false statement, material to the issue or point in
question, which he does not believe to be true, in any complaint or
other document relating to the Independent Inspector General’s investigations
of elected officials, and which is certified by such person in accordance with
this Section shall be guilty of knowingly furnishing false statements or
misleading information and shall be subject to violations and penalties in Sec.
2-291.
(2) To
investigate corruption, fraud, waste, mismanagement, unlawful
political discrimination and misconduct in operations of County Government under
the Offices of the President as well as the separately elected County
officials, either in response to such complaints or on the Independent
Inspector General’s own initiative, or in the proper case, to refer complaints
and information to an elected official or to a member of the County Board as
provided in Section 2-285. Investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of evidence for
use in criminal prosecution outside law enforcement agency.
(3) To
promulgate rules and regulations for the conduct of investigations consistent
with the requirements of equal protection, due process and this division.
(4) To request information from and to
conduct interviews under oath with County employees, officers, officials,
agents, contractors, sub-contractors, licensees, grantees or persons or
businesses seeking County contracts, grants, licenses, or certification
of eligibility for County contracts, grantees or licensees for the
purpose of investigation of corruption, fraud, waste, mismanagement, unlawful
political discrimination, or misconduct.
This includes the
power to review past, present, and proposed County programs, accounts, records,
contracts and transactions.
(5) To
prepare confidential reports and make recommendations for corrective action resulting
from the Inspector General’s investigations and studies and to provide such
reports to the President. The Inspector
General also shall provide confidential reports and make recommendations for
corrective actions resulting from the inspector general’s investigations to
those elected officials or members of the County Board who
request the Inspector General to assist in or conduct an investigation of their
office as set forth in this division as outlined in Sec. 2-285.
(6) To
notify the State’s Attorney or other appropriate law enforcement authority if
the Independent Inspector General determines or suspects that possible
criminal conduct has occurred, and to promptly tender to such authorities any
evidence or information which has been obtained by the Independent
Inspector General. In the event an
investigation by the OIIG threatens to interfere with an investigation by a
different county, city, state, or federal law enforcement agency, the OIIG will
cooperate in all respects with such law enforcement agency. The OIIG shall acquiesce in its investigation
only upon written request of another law enforcement agency.
(7) To
notify the
(7) (8) To serve as liaison between
(8) (9) To provide an annual report quarterly
reports to the President and Members of the County Board no later than
January 1 of each year, which provides statistics detailing the number of
investigations initiated and concluded, within the year and the manner
of disposition (i.e., complaint founded - corrective action recommended,
complaint unfounded), also detailing the number of studies initiated and
concluded within the year and the manner of disposition (i.e., whether a report
was issued, whether recommendations were made).
The annual report shall not contain any confidential information or
information which identifies any person who has been subject to investigation
as outlined in Section 2-287.
(10) To create and maintain a toll-free “Office of the Independent
Inspector General Hotline” for the purpose of receiving citizen and employee
reports of corruption, fraud, waste, mismanagement, unlawful political
discrimination and misconduct. The
identity of any individual placing a call to the Office of the Inspector
General Hotline shall be kept confidential during and after the investigation
of any complaint made by the caller, unless the caller consents to disclosure
of his or her name or disclosure of the caller’s identity is otherwise required
by law. Alternatively, reports may be made anonymously.
(11) To cooperate with the Shakman
Compliance Administrator and fulfill the obligations set forth in the
Supplemental Relief Order for Cook County, including providing copies of
complaints, investigating unlawful political discrimination expeditiously,
reporting the results to the Shakman Compliance Administrator, and providing
the Shakman Compliance Administrator with quarterly reports.
Notwithstanding
any other provision of this Ordinance, the Independent Inspector General shall
cooperate with the Shakman Compliance Administrator and fulfill the obligations
required in the Supplemental Relief Order entered into by Cook County in Shakman et al vs. The Democratic
Organization of Cook County, et al No. 69 C 2145 (United States District
Court for the Northern District of Illinois), including providing copies of
complaints, investigating unlawful political discrimination expeditiously,
reporting the results to the Shakman Compliance Administrator, and providing
the Shakman Compliance Administrator with quarterly reports.
(12) The Independent Inspector General shall have, subject to
budgetary allocation by the County Board, the sole power to appoint, employ,
and remove such assistants, employees and personnel and establish personnel
procedures as deemed necessary for the efficient and effective administration
of the OIIG.
(13) To
provide a proposed budget request within 90 days of his/her initial appointment
and annually thereafter pursuant to the County’s fiscal year budget rules and
regulations.
Sec. 2-285. Scope of authority.
(a) The Inspector General is hereby authorized to investigate
complaints and information concerning incidents of fraud, waste, mismanagement
or misconduct pertaining to any County contract, grant, lease, license, or
application or certification of eligibility for the same, and complaints and
information concerning fraud, waste, mismanagement or misconduct pertaining to
all County employees, agents, independent contractors, appointed officials, and
elected officials in the performance of their official duties, all contractors
and subcontractors providing goods and services pursuant to a County Contract,
all persons and business entities seeking County Contracts or certification of
eligibility for County contracts, and all County departments, bureaus, boards
or agencies. If the Inspector General
receives any complaints or information regarding fraud, waste, mismanagement or
misconduct that pertain to the office of any elected County official, or to the
office of any member of the County Board, the Inspector General’s authority
shall be governed by subsections (b) and (c) of this section.
(b) Where an elected official has
established or establishes an independent internal investigation policy or
procedure, the inspector general shall offer complaints or information which
pertain to the office of that elected official to the elected official. Where such elected official accepts the
responsibility of investigating such complaints or information, the Inspector
General will not then conduct an investigation of such complaints, information
or conduct which pertains to the office of that elected official, unless
requested to do so by that elected official.
In the event such elected official declines the Inspector General’s
offer to investigate complaints or information offered which pertain to the
office of that elected official, the Inspector General may conduct the
investigation in accordance with the provisions of this division. Elected County officials which have established
policies or procedures for internal investigation may also, from time to time,
request that the Inspector General assist or conduct an investigation and, in
such case, the Inspector General’s investigation shall be conducted in
accordance with the provisions of this division.
(c) If the Inspector General receives
complaints or information pertaining to fraud, waste, mismanagement, or
misconduct regarding the office of any member of the County Board, the
Inspector General shall promptly transmit said complaints or information to the
County Board
member.
If directed, the Inspector General shall conduct an investigation in
accordance with the provisions of this division and shall submit a confidential
summary report to the President and the County Board
member.
(d) Nothing in this section shall preclude
the Inspector General from referring any complaints or information concerning
anyone governed by this section which alleges criminal conduct to the State’s
Attorney or other appropriate law enforcement authorities.
Sec.
2-286. Sec. 2-285.
Cooperation.
(a) It shall be the duty of every employee, agent, independent
contractor, appointed official, department, agency, contractor, subcontractor,
grantee and licensee of County government, and every applicant for
certification of eligibility for any program or contract all County
employees, officials, agents, contractors, sub-contractors, licensees, grantees
or persons or businesses seeking County contracts, grants, licenses, or
certification of eligibility for County contracts,
to cooperate with the Inspector General
OIIG in the conduct of investigations undertaken pursuant to this
division. Every County contract and
every bid, proposal, application or solicitation for a County contract and
every application for certification of eligibility for a County contract or
program shall contain a statement that the person, individually and on behalf
of the applicant, will abide by all provisions of this division. It shall be unlawful for any person subject
to this section to refuse to cooperate with the Independent Inspector
General as required by this section. The
penalty for such violation shall be governed by Section 2-291.
(b) All persons with whom the OIIG requests an interview
are required to comply in a timely fashion. Within constitutional limitations,
failure by any County employee, official, agent, contractor, sub-contractor,
licensee, grantee or person or business seeking County contracts, grants,
licenses, or certification of eligibility for County contracts, to cooperate
with any reasonable request by the OIIG carries the threat of sanctions and/or
criminal contempt proceedings, and any other penalties the County Board has
within its scope to assess.
(c) Nothing
in this compliance section may be interpreted to allow the OIIG to violate any
individual’s constitutional rights, including the 5th Amendment right against
self-incrimination.
(d) It
is the duty of every employee, department and elected official to cooperate
with the Independent Inspector General in any investigation or hearing. Each department’s premises, equipment,
personnel, books, records and papers shall be made readily available to the
Independent Inspector General.
(e) If
the Independent Inspector General issues a recommendation of corrective action
to the head of a County department or bureau, that department or bureau head
must respond to that recommendation within 30 days with a written response to
the Independent Inspector General and Chief of the Bureau of Human
Resources. This response must include
either (1) a description of any corrective action the department or bureau head
has taken or (2) a request for a 30-day extension of the 30-day decision period
if additional time is needed by the department or bureau head to review the
recommendation of corrective action. If
the head of that department or bureau did not take any corrective action, or
took a different corrective action than that recommended by the Independent
Inspector General, the department or bureau head must describe the different
action and explain the reasons for the different action in the written
response. This response must be
submitted to the Independent Inspector General and Chief of the Bureau of Human
Resources within the 30-day decision period.
The Independent Inspector General may approve a request for an extension
of this 30-day decision period for a period of time not to exceed 30 days if
additional time is needed by the head of the department or bureau to review the
recommendation of corrective action.
(f) It shall be the duty of every employee
of the County to report, directly and without undue delay, to the Independent
Inspector General any and all information concerning conduct which they know to
involve corruption, allegations of political discrimination in non-exempt
positions or other criminal activity, by another County employee or official,
which concerns his or her office of employment.
The knowing failure of any employee to report as required above shall
constitute cause for discipline up to and including termination. For purposes of this Ordinance, a report made
to the Inspector General Hotline shall be considered a direct report.
Sec. 2-287. Sec.
2-286. Subpoenas.
The Independent
Inspector General shall be authorized to issue subpoenas to request documents
or testimony related to an investigation authorized by this division. Subpoenas shall be served in the manner
provided under the Rules of the Illinois Supreme Court and shall identify the
person to whom the subpoena is directed and the documents or items sought,
stating the date, time and place for appearance of the witness and production
of the documents or other items described in the subpoena. In no event shall the date for appearance or
production be less than seven days after service of the subpoena. No later than the time for appearance or
production requested by subpoena, the person to whom the subpoena is directed
may object to the subpoena in whole or in part.
The Independent Inspector General shall consider the grounds for
the objection and may resolve the objection through negotiation. No documents or testimony may be sought from
representatives of labor organizations relating to the function of representing
an employee subject to investigation, or for documents or information which are
privileged or confidential under State or Federal law, including but not
limited to documents or information maintained under the Mental Health and
Developmental Disabilities Confidentiality Act.
Sec.
2-287. Quarterly Reports.
No later than the fifteenth day of January, April, July
and October of each year, the Independent Inspector General shall
submit to the President and the
(1) The number
and type of investigations initiated, concluded, or pending since the date of
the last report.
(2) The number
and type of investigations of the conduct (corruption, fraud, waste,
mismanagement, unlawful political discrimination or misconduct) of any County
employee, appointed officials, elected officials, contractors, subcontractors,
persons seeking County contracts, or persons seeking certification of
eligibility for County contracts or other County programs.
(3) The number
of and types of investigations conducted by the OIIG regarding employees under
the separately elected officials.
(4) The number
and type of recommendations made to any department heads or elected official
and whether or not the recommendation was followed.
(5) Upon receipt of such reports, the
Sec.
2-288. Investigation Summary reports.
Upon
conclusion of any investigation, the Independent Inspector General shall
submit a confidential summary report to the President, the appropriate head
of any department or bureau whose office the investigation pertains, the Chief
of the Bureau of Human Resources and to the Purchasing Agent in the case of a
sustained finding regarding a contractor, subcontractor, applicant for a
contract, or person seeking certification of eligibility for a contract, and to
the Board of Ethics in case of sustained finding regarding any violation of the
Cook County Ethics Ordinance (secs. 2-560 through 2-603). If the Independent Inspector General has investigated
conducted any investigations regarding the office an elected official
in accordance with Section 2-285, or an employee, contractor or
subcontractor of a separately elected official the Independent
Inspector General also shall submit the confidential summary report to the
elected official. If the Inspector
General has investigated the office of any member of the County Board in
accordance with Section 2-285, the Inspector General also shall submit the
confidential summary report to the member of the County Board.
The report shall include the following:
(a) The report shall include the following:
(1) A description of any complaints or other
information received by the Independent Inspector General pertinent to
the investigation.
(2) A description of any illegal conduct, corruption,
fraud, waste, mismanagement, unlawful political discrimination,
misconduct, or inefficiencies observed or discovered in the course of the
investigation.
(3) Recommendations for correction of any
illegal conduct, corruption, fraud, waste, mismanagement, unlawful
political discrimination, misconduct, or inefficiencies described in the
report and a timeline for corrective action.
(4) Such other information as the Independent Inspector General may deem
relevant to the investigation or resulting recommendations.
(b) The report shall not mention the name of any informant,
complainant, witness, or person investigated, except in the following
instances:
(1) Where the copy of the report given to
the head of any department or agency recommends disciplinary action against an
employee of that agency.
(2) Where the copy of the report given to
the purchasing agent makes recommendations concerning any contractor,
subcontractor, applicant for a contract, or person seeking certification of
eligibility for a contract.
(3) Where the copy of the report given to
the head of a department or agency makes recommendation concerning a person
seeking certification of eligibility of a program administered by the
department or agency.
(4) Where the copy given to the President
and the Chief of the Bureau of Human Resources recommends disciplinary action
against the head or any employee of any executive department or agency.
(c) If any investigation is not concluded within 180 days after
its initiation, the Independent Inspector General shall notify the President
and the Litigation Subcommittee of the general nature of the complaint or
information giving rise to the investigation and the reasons for failure to
complete the investigation within 180 days.
Sec.
2-289. Confidentiality – Public Statements.
Investigatory
files and summary reports concerning alleged corruption, fraud,
waste, mismanagement, unlawful political discrimination or misconduct by
any person shall be confidential except as provided below or required
pursuant to the Supplemental Relief Order entered in the Shakman Case.
(a) and Summary Reports shall not be divulged
by the Independent Inspector General to any person except to the
President and to the elected official or member of the County Board,
the head of any department or bureau whose office the investigation pertains,
the Chief of the Bureau of Human Resources, accused, Purchasing Agent where
applicable and to the separately elected official to whose office the
investigation pertains. If the investigation involves violations of the
(b) Investigatory files shall be confidential, however said files
may be divulged with the summary report to the Board of Ethics, the Chief of
the Bureau of Human Resources and the head of any department or bureau and
elected official to whose office the investigation pertains in order to
effectively address matters of discipline or ethical violations.
Notwithstanding the foregoing, information or evidence obtained by the Independent
Inspector General which pertains to possible criminal activity shall be may
be promptly provided to the appropriate law enforcement authorities.
(c) The Independent Inspector General is authorized to issue
public statements concerning:
(1) An investigation that exonerates an
individual who is publicly known to have been under investigation, where the
subject requests such a statement.
(2) An investigation that concerns
inefficient or wasteful management, as opposed to individual misconduct or
illegality.
Sec. 2-290. Removal of Independent Inspector General.
The Independent Inspector
General may be removed prior to the expiration of the Inspector General’s
his term only for cause and in accordance with the provisions of this
section. The President shall give written
notice to the If no such request is
made within 10 days, the Independent Inspector General shall be deemed
to have resigned his office as of the tenth day after receipt of notice. If no such request is made within 10 days,
the Independent Inspector General shall be deemed to have resigned his
office as of the tenth day after receipt of notice. If a request for hearing is made, the President’s notice of cause for
removal shall constitute the charge against the Independent Inspector
General. Removal of the Independent
Inspector General shall require the affirmative vote of a majority two-thirds
(2/3) of the members of the
Sec.
2-291. Violations and penalties.
(a) It
shall be a violation of this division for any person to:
(1) Retaliate against, punish, harass,
threaten or penalize any other person for communicating, cooperating or
assisting the Independent Inspector General in the performance of
duties.
(2) Interfere, obstruct or attempt to
interfere or obstruct an investigation conducted by the Independent
Inspector General.
(b) In
addition to all other available remedies, civil and criminal, the following
penalties shall apply to violations of this division:
(1) Any County employee who is found to have
willfully violated this division as provided in Section 2-286 2-285 or Subsection (a) of this section shall be subject
to disciplinary action, up to and including discharge. Disciplinary action shall be instituted in
accordance with procedures applicable to the employee, including but not
limited to those established by the Merit Board, Civil Service Commission,
Human Resources Board, collective bargaining agreements, employee manuals,
handbooks or at-will practice of the employer.
(2) Any agent, independent contractor or
appointed official found to have willfully violated this division as provided
in Section 2-286 2-285 or Subsection (a) of this section shall be
subject to removal.
(3) Any contractor, subcontractor, grantee,
lessee or licensee under a County contract, grant, lease or license, found to
have willfully violated this division as provided in Section 2-286 2-285 or Subsection (a) of this section shall be subject
to termination of existing contracts, grants, leases or licenses, and/or
ineligibility from consideration for future County contracts, grants, leases or
licenses for a period not to exceed two years.
(4) Any person or business entity seeking
County contracts or certification of eligibility for County contracts or
participation in any County program found to have willfully violated this Ordinance
division shall be subject to ineligibility from consideration for future County
contracts, grants, leases, licenses, or programs for a period not to exceed two
years.
(5) Any person found to have willfully
violated Section 2-285 shall also be subject to a fine of not less than $300.00
and not more than $500.00 for each violation.
Actions seeking the imposition of a fine shall be filed as
quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as
amended.
(6) Any person who makes a
false statement, material to the issue or point in question, which he does not
believe to be true, in any complaint or other document relating to the
Independent Inspector General’s investigations of elected officials, and which
is certified by such person in accordance with Section 2-284(1) shall be guilty
of knowingly furnishing false statements or misleading information. Any person
found to have violated, intentionally obstructed or interfered with an investigation
of, or intentionally made a false, misleading or bad faith allegation or claim
in accordance with Section 2-284(1) shall be subject to the above listed
penalties and may be further subject to a penalty of up to six (6) months
imprisonment and fines up to $5,000.00 per violation. Actions seeking the imposition of a fine
shall be filed as quasi-criminal actions subject to the provisions of the
Sec.
2-292. Severability.
If any
section, subsection, clause or provision of this Ordinance is held to be
invalid by a court of competent jurisdiction, the remainder of the Ordinance
shall not be affected by such invalidity.
Sec. 2-293. Effective Date.
This
Amendatory Ordinance takes effect 30 days after becoming law.
|
287602 |
RESOLUTION CALLING FOR A HEARING ON 2008 PUBLIC SAFETY
BUDGET REVENUES (PROPOSED RESOLUTION).
Submitting a Proposed Resolution sponsored by Larry Suffredin, County
Commissioner. PROPOSED RESOLUTION RESOLUTION CALLING FOR A HEARING ON 2008 PUBLIC SAFETY BUDGET REVENUES WHEREAS, the Public Safety Budget is the
largest portion of the Cook County Budget; and WHEREAS, WHEREAS, the Public Safety Budget is
essential to the safety, health and welfare of all WHEREAS, the 2008 Budget for Public Safety
must have increased revenue from Court fees, participant fees, private
funding sources, and Federal and State grants if Cook County is to continue
providing services for traffic school, DUI evaluations, alternative drug
treatment and diversion programs, work release, electronic monitoring, teen
court diversion and mental health care; and WHEREAS, the 2008 Budget planning for
Public Safety must include a total review of all contracts given to provide
services for traffic school, DUI evaluations, alternative drug treatment and
diversion programs, work release,
electronic monitoring, teen court diversion and mental health care to
determine if cost savings and/or revenue increases can be found; and WHEREAS, the 2008 Budget for Public Safety
should maximize funding from Federal, State and private funding sources to
provide services for traffic school, DUI evaluations, alternative drug
treatment and diversion programs, work release, electronic monitoring, teen
court diversion and mental health care; and WHEREAS, the Chief Judge, Clerk of the
Circuit Court, State’s Attorney and Sheriff have entered into a variety of
contracts or use County staff to provide services for traffic school, DUI
evaluations, alternative drug treatment and diversion programs, work release,
electronic monitoring, teen court diversion and mental health care. Now,
therefore, be it resolved, that the Cook County Board of Commissioners shall hold a
hearing to have the Chief Judge, Clerk of the Circuit Court, State’s Attorney
and Sheriff make presentations on all contracts currently in place and all
staffing costs currently dedicated to providing services for traffic school,
DUI evaluations, alternative drug treatment and diversion programs, work
release, electronic monitoring, teen court diversion and mental health care;
and Be
it further resolved, that the presentations contain recommendations for cost savings in
such programs and revenue increases caused by better imposition and
collection of court fees and participant fees as well as potential private,
Federal and State funding; and Be
it further resolved, that the public be invited to make presentations on cost savings and
new funding for providing services for traffic school, DUI evaluations,
alternative drug treatment and diversion programs, work release, electronic
monitoring, teen court diversion and mental health care. * Referred
to the Committee on Finance on |
Commissioner Suffredin introduced the resolution by stating
that he has met with the Offices of the Chief Judge, Clerk of the Circuit
Court, State’s Attorney and the Sheriff to arrange for a formal hearing at
which each of the offices would present a Power Point presentation on their
budget and revenues. A focus would be
made upon potential revenues in association with County-run programs such as
traffic school, DUI evaluations, alternative drug treatment and diversion
programs, work release, electronic monitoring, teen court diversion and mental
health care.
Chairman Daley asked the Secretary to the Board to call upon
the registered public speakers, in accordance with Cook County Code, Sec.
2-108(dd):
1. Alan McMillan – President and Chief
Executive Officer, National Safety Council
2. George Blakemore – Concerned Citizen
Record of Appearance Only:
1. Paulette Moulos
– Executive Vice President and Chief Operating Officer, National Safety Council
2. John H. Kennedy
– Executive Director, National Safety Council
Commissioner Suffredin asked for an affirmative vote on the
Resolution, which would provide for the holding of a hearing to review
presentations from each of these offices.
This hearing would be for informational purposes only.
Commissioner
Suffredin, seconded by Commissioner Murphy, moved the approval of the Proposed
Resolution (Communication Number 287602). The motion carried.
Vice Chairman Sims
moved to adjourn the meeting, seconded by Commissioner Maldonado. The motion carried and the meeting was
adjourned.
YOUR COMMITTEE
RECOMMENDS THE FOLLOWING ACTION
WITH REGARD TO THE
MATTERS NAMED HEREIN:
Communication
Number 288055 Approved
as Amended
Communication
Number 288056 Approved
Communication
Number 284063 Approved
as Amended
Communication
Number 287602 Approved
|
|
Respectfully
submitted, Committee
on Finance xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx John P.
Daley, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary
The
transcript for this meeting is available in the Office of the Secretary to the
Board,