City Council Packet 2009 08-11-09 x
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached Guide.
Reviewed By:
Legal
Finance
Engineer
Cit y Administrator
Consultant
_______________
Agenda Item Number
Mayor #6
Tracking Number
CC 200974
Review of Ethics Act and Open Meet ings Act
Cit y Council – 8/11/09
Discussion
Mayor Burd
Name Department
For discussio n only.
740 ILCS 175/ Whistleblower Reward and Protection Act. Page 6 of 14
deposited in the Whistleblower Reward and Protection Fund.
(2) If the State does not proceed with an action
under this Section, the person bringing the action or
settling the claim shall receive an amount which the court
decides is reasonable for collecting the civil penalty and
damages. The amount shall be not less than 25% and not
more than 30% of the proceeds of the action or settlement
and shall be paid out of such proceeds. Such person shall
also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus
reasonable attorneys' fees and costs. All such expenses,
fees, and costs shall be awarded against the defendant.
(3) Whether or not the State proceeds with the
action, if the court finds that the action was brought by
a person who planned and initiated the violation of
Section 3 upon which the action was brought, then the
court may, to the extent the court considers appropriate,
reduce the share of the proceeds of the action which the
person would otherwise receive under paragraph (1) or (2)
of this subsection (d) , taking into account the role of
that person in advancing the case to litigation and any
relevant circumstances pertaining to the violation. If the
person bringing the action is convicted of criminal
conduct arising from his or her role in the violation of
Section 3, that person shall be dismissed from the civil
action and shall not receive any share of the proceeds of
the action. Such dismissal shall not prejudice the right
of the State to continue the action.
(4) If the State does not proceed with the action
and the person bringing the action conducts the action,
the court may award to the defendant its reasonable
attorneys' fees and expenses if the defendant prevails in
the action and the court finds that the claim of the
person bringing the action was clearly frivolous, clearly
vexatious, or brought primarily for purposes of
harassment.
(e) Certain actions barred.
(1) No court shall have jurisdiction over an action
brought by a former or present member of the Guard under
subsection (b) of this Section against a member of the
Guard arising out of such person's service in the Guard.
(2) (A) No court shall have jurisdiction over an
action brought under subsection (b) against a member
of the General Assembly, a member of the judiciary, or
an exempt official if the action is based on evidence
or information known to the State when the action was
brought.
(B) For purposes of this paragraph (2) , "exempt
official" means any of the following officials in
State service: directors of departments established
under the Civil Administrative Code of Illinois, the
Adjutant General, the Assistant Adjutant General, the
Director of the State Emergency Services and Disaster
Agency, members of the boards and commissions, and all
other positions appointed by the Governor by and with
the consent of the Senate.
(3) In no event may a person bring an action under
subsection (b) which is based upon allegations or
transactions which are the subject of a civil suit or an
administrative civil money penalty proceeding in which the
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=205 8&ChapAct=740%2 6nbsp%3 B IL... 8/7/2009