How Illinois lawmakers can hide ethics investigations from the public

Releasing reports is often up to the small Legislative Ethics Commission. That needs to change.

The recent resignation of a state representative highlights a flawed system that allows a small number of lawmakers to block the release of internal investigation reports.

State Rep. Harry Benton, D–Plainfield, resigned from the Illinois House and intends to withdraw his name as the Democratic nominee in  the 97th House District for the Nov. 3 election. His departure comes in the wake of an investigation by the legislative inspector general that has not been made public.

Benton resigned after conduct that House Speaker Emanuel “Chris” Welch said was “outrageous, unethical and unbecoming of a member of the Illinois House of Representatives.”

While the speaker has seen the report, disclosure to the public of the results of some such investigations depends on a vote of the Legislative Ethics Commission, an eight-member board of four Democrats and four Republicans from both chambers.

The Illinois Legislative Inspector General should not need lawmaker approval to publish its report on Benton’s alleged ethics violations.

The inspector general is charged with investigating alleged wrongdoing by members of the General Assembly and holding them accountable for ethics violations. Yet the office’s lack of independence leaves it without real teeth.

While the inspector general can investigate complaints against lawmakers related to their public office without approval from a majority of the eight lawmakers on the LEC, he can’t issue subpoenas and publish summary reports without the commission’s approval. That small group can block publication of any report on a party-line vote.

The LEC is required by state law to publish reports and responses “that resulted in a suspension of at least three days or termination of employment.” In other cases, the commission can vote to make a report available to the public. The last time a report was made public was 2020.

The commission should let Benton’s constituents know what allegedly “outrageous, unethical and unbecoming” conduct has left them without representation. Voters should know the results when lawmakers are accused of misconduct on now six-figure salaries funded by taxpayers.