2-156-017 Ethics officers.

   (a)   Each department head and alderman shall designate an appropriate management-level employee who shall serve as the department's or aldermanic office's ethics officer. Department heads and aldermen shall provide the names and contact information of such ethics officers to the board no later than January 1. 2013, or within 30 days from swearing in as a city alderman. A department head or alderman shall designate a new ethics officer within 30 days after the current ethics officer leaves the department or aldermanic office, or otherwise ceases to serve as an ethics officer, and shall provide to the board the name and contact information of the new ethics officer.

   (b)   In addition to their regular job duties, ethics officers shall have the following responsibilities:

      (1)   collect financial statement forms, if on paper, from reporting employees and officials, review such forms for completeness, and submit such forms to the board;

      (2)   assist the board by forwarding notices to employees regarding timely completion of ethics filings and training, and upon request provide the board with such notices;

      (3)   direct ethics questions and issues to the board;

      (4)   assist the board in maintaining a current roster of employees and officials;

      (5)   provide answers to general ethics questions after consultation with the board;

      (6)   ensure compliance with ethics rules specifically applicable to their departments or aldermanic offices, and assist the board with respect to training responsibilities as identified in section 2-156-145 of this chapter;

      (7)   emphasize the role of ethics within their departments or aldermanic offices through regular email updates and office posters, and leading periodic discussions on ethics during staff meetings;

      (8)   assist the board to identify employees or officials who can be outstanding ethics models for city employees and officials; and

      (9)   generally serve as liaisons between their departments or aldermanic offices and the board.

   (c)   The board shall provide annual in-person training to ethics officers, and shall keep ethics officers informed of the board's latest ethics rulings. The board may also provide additional training and information to ethics officers as the board may deem appropriate.

(Added Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 7-29-15, p. 3567, § 1)

ARTICLE II. SUBSTANTIVE CODE OF CONDUCT PROVISIONS (2-156-018 et seq.)

Part 1. Duty to Report and Whistleblower Protection (2-156-018 et seq.)

2-156-018 Duty to report corrupt or unlawful activity.

   (a)   Every city employee or official shall report, directly and without undue delay, to the inspector general any and all information concerning conduct which such employee or official knows or should reasonably know to involve corrupt or other unlawful activity (i) by another city employee or official which concerns such employee's or official's employment or office; or (ii) by any person dealing with the city which concerns the person's dealings with the city. Any employee or official who knowingly fails to report a corrupt or unlawful activity as required in this section shall be subject to employment sanctions, including discharge, in accordance with procedures under which the employee may otherwise be disciplined.

   (b)   Every city contractor shall report, directly and without undue delay, to the city's inspector general any and all information concerning conduct by any person which such contractor knows to involve corrupt activity. A city contractor's knowing failure to report corrupt activity as required in this subsection (b) shall constitute an event of default under the contract. For purposes of this subsection (b), “corrupt activity” shall mean any conduct set forth in subparagraph (a)(1), (2) or (3) of Section 1-23-020 of this Code. The standard for knowledge applied to the terms “knows” and “knowing” in this subsection (b) shall be the same standard applied to the terms “knowing” and “knowingly” in Section 1-22-010 of this Code.

   (c)   For purposes of this section, a report made to the inspector general's toll-free hotline shall be considered to be a report under this section.

(Added Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 2-5-14, p. 74075, § 1; Amend Coun. J. 2-10-16, p. 19348, §§ 3, 5)

 

Notes

1-23-020

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

1-22-010

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

2-156-019 Whistleblower protection.

   (a)   For the purposes of this section:

      (1)   “Public body” means: (i) any office or department of the city; (ii) the state or federal government; (iii) any local law enforcement agency or prosecutorial office; (iv) any federal or state judiciary, grand or petit jury, or law enforcement agency; and (v) any official, employee, department, agency, or other division of any of the foregoing.

      (2)   “Retaliatory action” means: (i) the reprimand, discharge, suspension, demotion, or denial of promotion or transfer of any employee that is taken in retaliation for an employee's involvement in protected activity as set forth in subsection (b) of this section; or (ii) the denial or revocation of any city permit, license, certification, loan, grant, tax credit or other financial subsidy, the denial of any city service, or the denial of employment with the city for which a person is qualified, that is made in retaliation for that person having engaged in a protected activity as set forth in subsection (b) of this section.

   (b)   No person shall take any retaliatory action against an employee or any other person because the employee or the person does any of the following:

      (1)   Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any official, employee, or city contractor that the employee or any other person reasonably believes evidences: (i) an unlawful use of city funds or city funding for actions performed by or on behalf of the city, unlawful use of official authority, or other unlawful official conduct that poses a substantial and specific danger to public health or safety by any official, employee or city contractor; or (ii) any other violation of a law, rule, or regulation by any official, employee, or city contractor that relates to their work performed for, or on behalf of, the city; or

      (2)   Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any official activity, policy, or practice described in subsection (b)(1).

   (c)   if any retaliatory action, as defined in subsection (a)(2)(i), is taken against an employee in violation of this section, the employee shall be entitled to the following relief, if applicable:

      (1)   reinstatement of the employee to either the same position held before the retaliatory action or to an equivalent position;

      (2)   two times the amount of back pay; and

      (3)   reinstatement of full fringe benefits and seniority rights.

   (d)   If any retaliatory action, as defined in subsection (a)(2)(ii), is taken against any person in violation of this section, the person shall be entitled to the following relief, if applicable:

      (1)   Reconsideration of a city permit, license, certification, loan, grant, tax credit, other financial subsidy, or city service denied or revoked as a result of the violation, to the extent such reconsideration is practically possible and funds are available.

      (2)   Reconsideration of a job application rejected as a result of the violation, to the extent such reconsideration is practically possible and such job position is not yet filled.

      (3)   Actual damages proved to be directly and specifically caused by, and that would not have occurred but for, the retaliatory action, but in no case shall such actual damages include claimed lost profits.

   (e)   (1)   It shall be a prerequisite to the bringing of an action against the city for relief under paragraph (d) of this section that the person seeking relief first provide written notice to the head of the city department or agency involved in an alleged retaliatory action and to the corporation counsel within 30 days of the person's awareness of facts giving rise to the claim of retaliatory action. The purpose of this notice requirement is to allow such department or agency a timely opportunity to recognize, correct and/or minimize any harm resulting from any retaliatory action. The notice shall specify in detail the facts and circumstances that constitute the alleged retaliatory action. Upon receiving this notice, the head of such department or agency shall investigate the allegations and take all necessary and appropriate actions to remedy any retaliatory action.

      (2)   Any action for relief under paragraph (d) of this section may only be brought against the City of Chicago, and must be brought within six months of the alleged retaliatory action for which relief is sought.

   (f)   The remedies set forth in paragraphs (c) and (d) of this section shall be the sole and exclusive remedies for any violations of this section.

(Added Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 10-3-12, p. 35125, § 1)

2-156-020 Fiduciary duty.

   Officials and employees shall at all times in the performance of their public duties owe a fiduciary duty to the city.

(Prior code § 26.2-2; Added Coun. J. 5-16-90, p. 16204)

Part 2. Conflicts of Interest and Improper Influence (2-156-030 et seq.)