State Ethics Legislation
Click here for the Public Act
(5 ILCS 430/) State Officials and Employees Ethics Act
(5 ILCS 420/) Illinois Governmental Ethics Act
Gift Ban Act
Executive Order 15-09 Gift Ban Changes
Summary of the Act: Relevancy to SIU
I. Key elements relevant to Southern Illinois University:
- Includes University employees and members of the Board of Trustees
in the category of "state employees."
- Amends previous Gift Ban provisions by reducing the number of
- Introduces restrictions on activities such as:
- Political activities during work
- Lobbyist activity and service on boards and commissions
- Employment by outside vendors of ex-State employees who
formerly were involved in procurement decisions
- Strengthens protection for "whistle blowers"
II. Ethics Training
The law requires that each employee complete, at least annually beginning
in 2004, the ethics training program conducted by the university.
The training program can be internet based.
III. Personnel Policies
The University must have personnel policies in place that control the
documentation of work time, compensation, and the earning/accrual of
IV. Specific Policies
- Employees of Southern Illinois University can not perform work
for an outside vendor for one year after leaving the university's
employ if he/she participated personally and substantially in decisions
to award contracts to that vendor that exceeded $25,000.00. This
prohibition can only be waived by the State Ethics Commission.
- University employees shall not intentionally perform any prohibited
political activity during any compensated time, other than vacation,
personal, or compensatory time off.
- University employees may not intentionally misappropriate any
State property or resources by engaging in any prohibited political
activity for the benefit of any campaign for elective office or
any political organization.
- University employees may not require other persons in the employment
of the state to participate in prohibited political activities.
(Prohibited political activities are defined to include: planning
or holding a political meeting, rally, etc. ; distributing campaign
literature; soliciting or making campaign contributions; managing
or working on a campaign; campaigning itself; conducting political
polls or surveys for a specific campaign or political organization;
and soliciting votes on behalf of a candidate, political organization,
or referendum question.
- No University employee may solicit or accept a gift from a prohibited
source. Prohibited sources are defined to include any person or
entity that does business or seeks to do business with the university,
or persons who are registered lobbyists. Exceptions to the gift
ban include: anything for which the recipient pays the "market value";
items from one prohibited source during one calendar year with a
cumulative value < $100.00; food and refreshments catered or
consumed on premises not exceeding $75.00 per day; intra-governmental
and inter-governmental gifts, which are gifts from persons within
or between these groups: General Assembly members, Constitutional
officers, and employees of State agencies; lodging, transportation
or other benefits resulting from outside business employment activities
that are customarily provided to others in similar circumstances.
- The recipient of a gift that is included in the ban always has
the option of returning the gift to the source or giving the gift
or an amount of money equal to the gifts value to the SIU Foundation.
- For the purpose of the ethics bill, members of the Southern
Illinois University Board of Trustees are considered employees of
the university and, therefore, state employees.
- Upon appointment to the Board of Trustees of the university,
an appointee must file with the Secretary of State, a disclosure
of all contracts the person or his or her spouse or immediate family
members living with the person have with the state and all contracts
between the state and any entity in which the appointee, (or spouse
or immediate family member living with the appointee) have a majority
- In addition to the prohibited conflict of interest stated in
article 8, it is unlawful for an appointed member of the Board of
Trustees (or spouse or immediate family members living with the
appointee) to have or acquire a contract or have or acquire a direct
pecuniary interest in a contract with the state that relates to
the Board of Trustees during and for one year after the conclusion
of the person's term of office.
- A person required to be registered under the Lobbyist Registration
Act, their spouse, and/or their immediate family members living
with that person may not serve on the Board of Trustees.
- Retaliatory action is prohibited against any University employee
because that employee engaged in the following activity:
- Discloses or threatens to disclose to a supervisor or public
body an activity, policy or practice the employee reasonably
believes violates a law, rule or regulation.
- Provides information to/testifies before any public body
conducting an investigation, hearing, etc into any violation
of a law, etc.
- Assists or participates in a proceeding to enforce the Whistle
Blower Protection statute.
- Southern Illinois University shall designate an ethics officer.
- Southern Illinois University shall designate a campus contact
person to assist that ethics officer, provide ethics training to
the campus, and answer questions regarding Public Act 93-617.
- A University employee who intentionally violates the State's
ethics bill is subject to discipline or discharge by the appropriate
authority within the university administration.
- The State Ethics Commission may levy an Administrative fine
of up to $5000.00 against any person who:
- Violates the Act
- Intentionally obstructs or interferes with investigations
conducted under the Act by an Inspector General.
- Intentionally makes a false, frivolous or bad faith allegation.
- The criminal penalties for intentional violations of the State's
Ethics Act consist of either a Class A felony or business offense.
- Any person who intentionally makes a false report alleging a
violation of the Act to an Ethics Commission or other specified
law enforcement officials is guilty of a Class A misdemeanor.