Revolving Door Frequently Asked Questions

If you are not certain whether you are required to seek a determination or have general questions concerning the determination process, please speak with your agency’s ethics officer.

All necessary Revolving Door forms and their corresponding instructions are available on the OEIG’s website (www.inspectorgeneral.illinois.gov).

No. The OEIG uses your responses to determine the level of involvement between you as a state employee and the potential employer. No one answer is singularly determinative of an outcome.

No. The OEIG does not issue advisory determinations or opinions concerning potential job offers or business arrangements. An actual job offer must be made before the OEIG will process a determination request.

For identification purposes.

This information provides evidence of a firm job offer. The offered annual salary amount also assists the OEIG in determining the relationship between you as a state employee and the prospective employer. Finally, if it is determined that you violated the Revolving Door provision, the salary amount will be used to establish a penalty, if appropriate.

The Revolving Door prohibitions are triggered when state employees terminate, or are about to terminate, their employment with the state. The situation you are describing is generally referred to as “secondary employment” and is not covered by the Revolving Door prohibitions. However, depending on your agency’s policies, you may need to notify your supervisor of any secondary employment. In addition, certain sections of the Procurement Code and other agency policies, including conflict of interest provisions, may apply to your situation. You may contact your agency’s ethics officer for more information.

No. The Revolving Door prohibitions do not apply because your parent has not terminated employment with the State. However, other State laws or policies, including conflict of interest provisions, may apply to your situation. If your parent were to terminate employment with the State, the Revolving Door provisions may apply. Your parent should discuss the situation with the commission’s ethics officer for more specific advice.

Maybe. Depending upon your employment relationship with the state, you may be treated the same as any other state employee for purposes of the Revolving Door prohibitions and notification requirements. Section 1-5 of the Ethics Act defines employee as, among other things, including “any person employed full-time, part-time, or pursuant to a contract and whose employment duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed….” However, if, for example, you are employed through a temporary agency, the temporary agency, not the state, is your employer and the Revolving Door prohibitions do not apply to you.

Yes. The OEIG has the responsibility of determining if there was a prior relationship between a former state employee and any client from whom the former employee expects to receive remuneration. If you will be self-employed, your initial submission must include a list of known clients with which you or your business intends to contract. You must update this list during a period of one year after the termination of your state employment each time you or your company intends to contract with a new client. You must submit the names of each additional client to both your former employee’s ethics officer and the OEIG.

Yes. You need to request a determination for each new client during the year following your termination of state employment. The OEIG must determine if you, while serving as a state employee, participated personally and substantially in the award of state contracts or in the making of a regulatory or licensing decision with respect to each new client.

No. As the head of a state commission, your position is covered by section “h” of the Revolving Door provisions. Therefore, you are prohibited from receiving such compensation for one year after your termination of state employment “regardless of whether [you] participated personally and substantially in the award of the State contract or contracts.” Because section “h” employees are strictly prohibited from accepting such employment, they are not required to seek a Revolving Door determination from the OEIG.

No. Your wife falls under section “c” of the revolving door provision and must request a determination from the OEIG for any employment offer that she receives for one year immediately after her termination. As her spouse, you are not subject to the same requirement. However, pursuant to Revolving Door subsections (a) and (b), as a spouse, it would be a violation of the Revolving Door provision if you accept employment with an entity with which your spouse participated personally and substantially in the award of a contract or regulatory or licensing decision. As such, the OEIG recommends that you, as the spouse, request a determination.

You should seek a Revolving Door determination to avoid violating Revolving Door subsections (a) and (b).

Ethics officers should contact the appropriate department/division within their state agency for assistance in completing the revolving door forms. Note that the agency may supply information different from and/or supplemental to that provided by either the employee or the potential employer.

Yes. Attach additional pages if necessary. The purpose of these forms is to gather as much accurate information as quickly as possible. Anything you believe is relevant to the determination should be included.

Pursuant to the administrative code, the RD-102 must be submitted to the OEIG within 5 calendar days after receiving notification from the employee.

The OEIG has 10 calendar days to determine whether you are restricted from accepting the prospective employment or compensation offer. The time period begins to run when the OEIG receives both the RD-101 and the RD-102 form. During that 10-day period, the OEIG will take steps necessary to make its determination. Such steps may include: contacting you, contacting your State agency’s ethics officer, contacting your current or former supervisor, or contacting or researching the potential employer. Once a determination has been made, whether favorable or not, the OEIG will send a determination letter, via e-mail (if an email address is provided) and certified mail, to the person making the request, and via email and regular mail to the appropriate ultimate jurisdictional authority, the Attorney General, and the Executive Ethics Commission. After the determination has been issued, the person seeking the determination and the Office of the Illinois Attorney General have 10 calendar days during which to appeal the OEIG’s determination to the Executive Ethics Commission. In the event the Office of the Attorney General chooses to appeal a determination, the administrative rules state that the Office of the Attorney General shall send a copy of that appeal to the applicant.

Please note that the EEC has concluded that if the last day to perform an act (such as filing an appeal) falls on a Saturday, Sunday, or State holiday, then the time period is extended until the next business day. See In re: Marcia D. Johnson, 12-EEC-012. Additional rules concerning the appeals process may be found at 5 ILCS 430/5-45(g), Ill. Admin. Code Tit. 2, §1620.610, et seq., and on the Executive Ethics Commission website (www2.illinois.gov/eec).

No. As long as you continue to fill the position on a volunteer basis and receive no fees or compensation for one year immediately following your termination of State employment, you are not required to seek a Revolving Door determination.

You should submit your revolving door forms to the OEIG. The OEIG will proceed as normal and make a determination as to your eligibility. Please note the OEIG may decide to investigate your failure to provide timely notification. Such an investigation can result in a fine being levied by the Executive Ethics Commission.

The Procurement Code has two sections (see below) that are particularly relevant. This is not an exhaustive list of relevant statutes and/or polices, but the information may be useful for those involved in the procurement process. For questions regarding the Procurement Code, please see the Executive Ethics Commission’s web site, (www2.illinois.gov/eec).

• The Procurement Code at 30 ILCS 500/50-30 states in part: “Chief procurement officers, State purchasing officers, procurement compliance monitors, their designees whose principal duties are directly related to State procurement, and executive officers confirmed by the Senate are expressly prohibited for a period of 2 years after terminating an affected position from engaging in any procurement activity relating to the State agency most recently employing them in an affected position for a period of at least 6 months.”
• The Procurement Code at 30 ILCS 500/50-15 states in part: “It is unlawful for any person employed in or on a continual contractual relationship with any of the offices or agencies of State government to participate in contract negotiations on behalf of that office or agency with any firm, partnership, association, or corporation with whom that person has a contract for future employment or is negotiating concerning possible future employment.”