The State Officials and Employees Ethics Act (5 ILCS 430/5-45) prohibits employees, including appointees, of IMSA from working for an outside vendor for one year after leaving IMSA’s employ if they participated personally and substantially in decisions to award or fiscal administration of State contracts, or the issuance of State Contract change orders, with a cumulative value of $25,000.00 or more to the person or entity, or its parent or subsidiary.
The Ethics Act states “No former officer, member, or State employee, or spouse or immediate family member living with such person, shall, within a period of one year immediately after termination of State employment, knowingly accept employment or receive compensation or fees for services from a person or entity if the officer, member, or State employee, during the year immediately preceding termination of State employment, participated personally and substantially in the award or fiscal administration of State contracts, or the issuance of State Contract change orders, with a cumulative value of $25,000.00 or more to the person or entity, or its parent or subsidiary”.
Executive Order 15-09 expanded upon the Ethics Act revolving door prohibition and added:
- No employee, while employed by or serving as an appointee of a State Agency, shall negotiate for employment with any person or entity that is registered as a Lobbyist or Lobbying Entity and has identified that State Agency on its then-current Lobbyist or Lobbying Entity registration filed with the Secretary of State;
- No former State Employee, within one year after leaving his or her position with a State Agency, shall accept compensation from any person or entity for Lobbying any State Agency.
Frequently Asked Questions
How do I know if I am subject to the Revolving Door Prohibition?
The OEIG has assembled some frequently asked questions that may assist in your determination.
Additionally, certain employees by nature of their job duties, commonly referred to as C List employees, have been identified as participating personally and substantially in awarding or in the fiscal administration of contracts over $25,000 and those employees have been notified by IMSA’s Ethics Officer. Those employees are required to notify the OEIG prior to accepting any offer of non-state employment. If you believe you meet the requirements but have not been contacted by IMSA’s Ethics Officer or you are unsure if you are subject to the revolving door prohibition, please contact ethics@imsa.edu.
What are the procedures for completing the Revolving Door process?
Specific instructions and forms related to the revolving door process for those who are subject to the requirement to seek a determination.
Are Board of Trustee members subject to the revolving door prohibition?
Yes. Per the State Officials and Employees Ethics Act (5 ILCS 430/5-45(h)), due to the nature of the board members position, board members, including spouses and immediate family members living with the board member, are strictly prohibited from accepting employment, for one year after the conclusion of the term of office, or compensation from persons or entities who are party to certain contracts by the state employee’s agency, regardless of whether the state employee himself or herself participated personally and substantially in those awards or decisions or fiscal administration of the State contract. There is no OEIG revolving door determination process like the one in place for C List employees.
What is the penalty for violating the Revolving Door Prohibition?
If a current or former employee or trustee accepts non-state employment in violation of the revolving door prohibitions, a fine of up to three times the total compensation that would have been obtained may be levied by the EEC.
If you have additional questions, contact IMSA’s Ethics Officer at Ethics@imsa.edu.
