Ill. Admin. Code tit. 2 § 605.70

Current through Register Vol. 48, No. 43, October 25, 2024

Section 605.70 - Confidentiality

a) The identity of any individual providing information or reporting any possible or alleged misconduct to the Inspector General shall be kept confidential and may be disclosed only on an as-needed basis, including for referrals to other Inspectors General, the Attorney General or appropriate law enforcement agencies, or with the consent of the individual or as otherwise required by law. The confidentiality granted by this subsection (a) does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

b) Except as otherwise provided in Section 605.50 for summary reports, any allegations and related documents submitted to the Inspector General and the Inspector General's files and reports are exempt from the provisions of the Freedom of Information Act [5 ILCS 140 ] and are confidential, except as necessary for referral to and possible action by:

1) law enforcement agencies, prosecutorial authorities, other Inspectors General or other parties as permitted by this Part; and

2) the Auditor General.

c) If an investigation results in a finding that an employee engaged in misconduct, the results of the investigation and the names of the witnesses may become public in any ensuing administrative or judicial proceeding.

d) Requests from the ethics officer for guidance on matters involving the interpretation or application of the Act or rules promulgated under the Act are exempt from the provisions of the Freedom of Information Act. Guidance provided to an ethics officer or State employee at the request of an ethics officer on matters involving the interpretation or application of the Act or rules promulgated under the Act is exempt from the provisions of the Freedom of Information Act.

Ill. Admin. Code tit. 2, § 605.70

Amended at 34 Ill. Reg. 11477, effective August 13, 2010