A. The Legal Department shall develop a model administrative policy to provide a resource to each department that may be asked to assist in the investigation or enforcement of a restrictive law and to:
1. Prevent violation of this Chapter; and
2. Ensure that all facilities remain safe and accessible to any person alleged to have violated a restrictive law, and
3. Train applicable staff on the provisions of this Chapter, including staff who respond to Freedom of Information Act requests on behalf of public bodies. All departments shall establish policies that limit data sharing in relation to allegations of the violation of a restrictive law to the fullest extent possible consistent with federal and Illinois law.
B. The Legal Department may consult with the City Council, the Illinois Attorney General, the Illinois State Police, the Jackson County Sheriff, the Jackson County State’s Attorney, and the Jackson County Health Department to develop the model policies. Among the goals of the policies will include:
1. Providing guidance as to which foreign warrants are based on alleged violations of restrictive laws, and distinguish restrictive laws that use pretextual language in order to infringe on bodily autonomy, from those that are consonant with crimes that are recognized in the State of Illinois.
2. A compilation of warrants and other possible inquiries that, if received and acted upon, would result in a violation of this Chapter 18.
C. Any department that creates a policy pursuant to or compliant with this Chapter shall review the policy and update it to reflect any changes in the legal landscape. Any policy that is changed shall be reported to the City Council.
D. If an department receives a request to provide assistance with the investigation of or enforcement of a restrictive law, the department shall contact the City Attorney or their designee and they shall, in accordance with the requirements of subsection (A) and the policies adopted pursuant to subsection (B), determine whether such request is to assist in the investigation of or enforcement of a restrictive law. If it is determined by the City Attorney that the request is to assist in the investigation of or enforcement of a restrictive law, the department shall decline the request. The City Attorney shall also notify the City Manager with an identifier that indicates that the event is a request for assistance with a restrictive law. The City Manager, or his designee shall provide the City Council with an annual report of the number of requests for assistance in the enforcement of any restrictive laws including the sources, frequency, and nature of requests and the departments” response to such request. These reports shall not contain any personally identifiable information or private information in order to protect the identities and privacy of any person alleged to have violated a restrictive law.
E. Nothing in this section shall prohibit the investigation of any activity prohibited under Illinois law, however; no information relating to any medical procedure performed on an individual or relating to any medical resources provided to a specific individual may be shared with an out-of-state department or any other person unless the individual gives written authorization for such data sharing.
F. This Chapter does not create or form the basis for liability on the part of the City, its agents, or departments’. A remedy for the violation of this chapter shall be through the City’s disciplinary procedures for officers and employees under regulations including but not limited to the City personnel rules, union contracts, civil service commission rules, or any other department rules or regulations. Nothing in this section shall preclude a person from seeking injunctive or declaratory relief for a violation of this section. The City reserves the right to challenge any such order of court or lawfully issued judicial warrant as referred to in subsection (A).
(Ord. 2023-25)