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FY15 Budget

Inspector General Resolution 03-0423-RS20 

Chicago Board of Education Resolutions:
03-0423-RS20

April 23, 2003

 

RESOLUTION RE: INSPECTOR GENERAL
(JAMES SULLIVAN)

 


WHEREAS, Section 34-13.1 of the Illinois School Code provides for the appointment of the Inspector General of the Chicago School Reform Board of Trustees (the "Board") by the Mayor of the City of Chicago; and

 

WHEREAS, the Honorable Richard M. Daley, Mayor of the City of Chicago, has appointed James Sullivan as the Board's Inspector General for a term beginning April 2, 2003 and ending June 30, 2006; and

 

WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Board's Inspector General shall be under the Board's jurisdiction; and

 

WHEREAS, the Board hereby acknowledges the appointment of James Sullivan as the Board's Inspector General with the understanding that the Board and the Inspector General shall enter into a contract providing the specific terms of the Inspector General's employment; and

 

WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Inspector General shall have "authority to conduct investigations into allegations of or incidents of waste, fraud, and financial mismanagement in public education within the jurisdiction of the Board by a local school council member or an employee, contractor, or member of the Board or involving school projects managed or handled by the Public Building Commission; and

 

WHEREAS, Section 34-13.1 of the Illinois School Code provides that, in addition to the Inspector General's express authority to conduct the specific investigations outlined in the statute, the Inspector General shall perform other duties requested by and at the direction of the Board; and

 

WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Inspector General shall be independent of the operations of the Board and the School Finance Authority; and

 

WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Inspector General "shall have access to all information and personnel necessary to perform the duties of the office" but does not provide for the retention of legal counsel to provide advice to the Inspector General; and

 

WHEREAS, Section 34-13.1 of the Illinois School Coded provides that the Inspector General "shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Code" but does not outline the mechanism for enforcement of a subpoena issued by the Inspector General; and

 

WHEREAS, Section 34-11 of the Illinois School Code provides that this Board "by a majority vote of its full membership shall appoint a general counsel (the "General Counsel") who shall have charge and control, subject to the approval of the Board, of the law department and of all litigation, legal questions and such other legal matters as may be referred to the department" by the Board,

 

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF THE CITY OF CHICAGO THAT:

 

1) In performing the duties outline in the Illinois School Code and in this Resolution, the Inspector General shall report directly to the Board and shall provide reports to the Chief Executive Officer of the Chicago Public Schools (the "Chief Executive Officer"), except in the following circumstances:

 

(a) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the Inspector General shall provide reports to the Chief Executive Officer, the Inspector General shall report this matter to the Board immediately upon identifying the potential conflict, Based upon the Inspector General's initial report of such a matter, the Board will then provide additional direction regarding subsequent reporting in connection with the matter.

 

(b) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the Inspector General shall report to the Board, the Inspector General shall report this matter to outside legal counsel (identified in this Resolution) immediately upon identifying the potential conflict and shall request that outside legal counsel prepare a legal opinion regarding the existence of a conflict that precludes the Inspector General from reporting the matter to the Board. To the extent that the legal opinion indicates that there is such a conflict, the Inspector General's outside counsel shall also advise the Inspector General regarding the legal requirements of reporting the matter at issue. If the legal opinion does not indicate the existence of such a conflict, the Inspector General shall report the matter to the Board and the Chief Executive Officer as outlined above.

 

2) The Board also requests that the General Counsel provide legal counsel to the Inspector General as required to assist the Inspector General in performing the duties outlined in the Illinois School Code and in this Resolution, except in the following circumstances:

 

(a) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the General Counsel shall provide legal counsel to the Inspector General as outlined herein, the Inspector General shall report this matter to the Board immediately upon identifying the potential conflict. Based upon the Inspector General's initial report of such a matter, the Board will then provide additional direction regarding subsequent retention of legal counsel regarding reporting of the matter.

 

(b) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with (1) the requirement that the General Counsel shall provide legal counsel to the Inspector General and (2) with reporting the matter to the Board as outlined in the preceding paragraph, the Inspector shall report this matter to outside legal counsel (identified in the following paragraphs of this Resolution) immediately upon identifying the potential conflict and shall request that outside legal counsel prepare a legal opinion regarding the existence of a conflict that precludes the Inspector General from reporting the matter to the Board. To the extent that the legal opinion indicates that there is such a conflict, the Inspector General's outside counsel shall also advise the Inspector General regarding the legal requirements of reporting the matter at issue. If the legal opinion does not indicate the existence of such a conflict, the Inspector General shall report the matter to the Board as outlined above.

 

3) The Board further requests that the General Counsel represent the Inspector General in all instances in which the enforcement of a subpoena issued by the Inspector General is necessary.

 

4) The Board shall retain an attorney to provide legal counsel in those circumstances where this Resolution authorizes the Inspector General to seek the advice of outside legal counsel rather than the General Counsel.


Page Last Modified on Thursday, November 12, 2009