Executive Order Number 15-10

 

EXECUTIVE ORDER REQUIRING TRANSPARENCY
WITHIN STATE AND LOCAL GOVERNMENT

WHEREAS, the State of Illinois and its units of local government are committed to transparency and full disclosure of data on numerous topics; and

WHEREAS, the Department of Central Management Services maintains the Illinois Transparency & Accountability Portal website designed to provide easily accessible data to the general public, including a database of all current state employees and individual consultants, and a database of all current state contracts; and

WHEREAS, the State of Illinois, by statute (20 ILCS 405/405-335), mandates that its residents be able to access certain information required to be disclosed, and compliance with the statute has been inadequate, in regards to, among other things, providing incomplete documentation related to employee classifications; and

WHEREAS, employees classified as Rutan-exempt serve at the discretion of the Governor in senior-level positions and should be easily identifiable as such; and

WHEREAS, the names of local government employees, their titles and salary information should be readily available to the general public;

THEREFORE, I, Bruce Rauner, Governor of Illinois, by virtue of the executive authority vested in me by Section 8 of Article V of the Constitution of the State of Illinois, do hereby order as follows:

I.          DEFINITIONS

“CMS” means the Illinois Department of Central Management Services.

“ITAP” means the Illinois Transparency and Accountability Portal website.

“Rutan-Exempt” means a position of employment to which principles set forth by the United States Supreme Court in Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), do not apply.

“State Agency” means any officer, department, agency, board, commission, or authority of the Executive Branch of the State of Illinois.

II.        RUTAN-EXEMPT HIRES

1.      CMS shall conspicuously publish all Rutan-Exempt hires on the ITAP, in a list that can be sorted by (a) name, (b) employing State Agency, (c) employing State Agency division, and (d) employing position title.

2.      Each State Agency shall provide CMS with the necessary and accurate information to comply with the provisions herein.

III.       LOCAL GOVERNMENT HIRES

1.      CMS shall assist each State Agency and unit of local government to provide timely access to all necessary and accurate information to comply with the local government employee provisions mandated by 20 ILCS 405/405-335.

IV.       PRIOR EXECUTIVE ORDERS

This Executive Order supersedes any contrary provision of any prior Executive Order.

V.        SAVINGS CLAUSE

This Executive Order does not contravene and shall not be construed to contravene any State or federal law or any collective bargaining agreement.

VI.       SEVERABILITY CLAUSE

If any part of this Executive Order is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

VII.     EFFECTIVE DATE

This Executive Order shall take effect immediately upon filing with the Secretary of State.

 

    Bruce Rauner, Governor