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(a) Definitions. For purposes of this section, the following definitions shall apply:
“Commissioner” means the Commissioner of Public Health, or the Commissioner’s designee.
“Contract” means an agreement entered into between the City, through the Department of Public Health, and a Contractor to perform Essential Services.
“Contractor” means a person, as defined by Section 1-4-090(e), contracting directly with the City through the Department of Public Health to perform Essential Services, where the Contractor has 20 or more employees. “Contractor” does not include hospitals licensed pursuant to the Illinois Hospital Licensing Act, 210 ILCS 85, or any hospital affiliate as defined by the Illinois Hospital Licensing Act, 210 ILCS 85/10.8(b), or any hospital licensed pursuant to the University of Illinois Hospital Act, 110 ILCS 330.
“Employee” means those employees directly performing Essential Services under a Contract. The term “Employee” excludes employees who work for the Contractor, but do not provide Essential Services under the Contract, management or supervisory or other employees who do not enjoy a right to engage in strikes, work stoppages, or other concerted activities.
“Essential Services” means health and social services.
“Labor Peace Agreement” means an agreement between a Contractor and a labor organization that:
(i) prohibits the labor organization and its members from engaging in work stoppages, boycotts, or any other activity that may interfere or hinder the performance of a Contract for the duration of the Contract; and
(ii) contains a means of resolving disputes between the Contractor and the labor organization.
(b) Terms of contracts.
(1) The Commissioner, in the interest of preventing a disruption of Essential Services and protecting the City’s financial and proprietary interest in the provision of such Essential Services, shall ensure that all Contracts that are entered into after the effective date of this section shall require:
(A) Written notice be provided by the Contractor to the Commissioner administering the Contract, or the Commissioner’s designee, within 72 hours of when the Contractor:
(i) becomes aware of any threatened, imminent, or actual strike, work stoppage, or other concerted activity that may interfere or hinder the work performed by Employees;
(ii) is informed that Employees seek to be represented by a labor organization, join a labor organization, or otherwise elect to self-organize for the purpose of engaging in concerted activity;
(iii) receives a notice or announcement from a labor organization that it represents or seeks to represent the Employees; or
(iv) enters into a Labor Peace Agreement, Collective Bargaining Agreement, or the expiration or breach of any such agreement.
(B) That the Contractor shall not prohibit, retaliate, or otherwise coerce Employees with respect to rights guaranteed by the First Amendment of the United States Constitution or any other rights afforded by federal or state laws.
(2) Within 90 days of subsection (b)(1)(A)(ii) or subsection (b)(1)(A)(iii) occurring, that the Contractor enter into a Labor Peace Agreement with the labor organization.
(c) The provisions of subsection (b) shall be material terms of any Contract entered into by the City, the breach of which by a Contractor shall be grounds to terminate or decline to renew the Contract.
(d) A Contractor is in compliance with this Section 2-50-205* if: (1) the Contractor remains in compliance with subsection (b); or (2) the Contractor and the Employees have a collective bargaining agreement with a labor organization; or (3) no labor organization represents or seeks to represent the Employees.
* Editor’s note – As set forth in Coun. J. 3-20-24, p. 10570, § 2; intended reference is likely § 2-112-205. Future legislation will correct if needed.
(e) The Commissioner is authorized to administer and enforce this section and to promulgate any rules, jointly with the Commissioner of Family and Support Services, necessary or useful to implement this section.
(f) Noninterference. This section shall not be construed to require a Contractor, through mediation, arbitration, or otherwise, to change terms and conditions of employment for its Employees, recognize a labor organization as the bargaining representative for its Employees, adopt any particular recognition process, or enter into a collective bargaining agreement with a labor organization.
(g) This section shall not be construed to require the City or a Contractor to violate any term or condition of a grant from any federal, state, or other source.
(Added Coun. J. 3-20-24, p. 10570, § 2)
The Commissioner is authorized to negotiate and execute, with public or private entities, agreements to provide health screening and other diagnostic services for clients whose health care is being managed by the Department, and to perform any and all acts, including the expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto, and including provisions providing indemnification.
(Added Coun. J. 4-18-12, p. 23663, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-235. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-210 as current § 2-112-170.
The Commissioner is authorized to negotiate and execute agreements with hospitals, community health centers and other health care providers for the provision of clinical services within Department health centers and clinics, such agreements to contain such terms and conditions as the Commissioner deems necessary. The Commissioner is authorized to perform any and all acts, including the expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto, and including provisions providing indemnification.
(Added Coun. J. 9-8-10, p. 99157, § 1; Amend Coun. J. 3-9-11, p. 113566; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-240. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-220 as current § 2-112-180. Coun. J. 5-24-06, p. 76974, § 1, repealed a former § 2-112-240, which pertained to an alcoholism rehabilitation center.
The Commissioner is authorized to negotiate and execute agreements with the County of Cook for the provision of tuberculosis clinical services by the Cook County Health and Hospitals System. Such agreements shall contain terms and conditions as are customary in such agreements, including, but not limited to, provisions for indemnification. The commissioner is authorized to perform any and all acts, including the expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto.
(Added Coun, J, 11-16-11, p. 13798, Art. IX, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-241. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-230 as current § 2-112-190.
The Department is hereby authorized to establish suitable detection and treatment programs directed toward the control of chronic diseases, including cancer, heart disease and stroke, diabetes and such other chronic diseases as may hereinafter be deemed capable of control through public screening, diagnostic or treatment programs.
(Prior code § 9-18; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-250. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-240 as current § 2-112-220.
Any person who has successfully completed a course of training in cardiopulmonary resuscitation which has been approved by the Department and who within the City of Chicago, provides emergency cardiopulmonary resuscitation, without fee, to a person who is an apparent victim of acute cardiopulmonary insufficiency, shall not, as a result of his acts or omissions in providing such resuscitation, be liable for civil damages. This section does not apply to acts or omissions amounting to willful and wanton misconduct in providing such resuscitation.
(Prior code § 9-18.1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-260. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-250 as current § 2-112-240.
The Department is authorized to investigate and to take such action as may be necessary to control the sale and/or distribution of any food, beverage or other product which is found to:
(a) be contaminated with a pathogenic organism; or
(b) contains chemical substances which are capable of causing acute or chronic disease and which are deemed to be a hazard to the public health; further, the Department is authorized to take all steps necessary to protect the City from any hazard resulting from the presence of any radioactive substance in or near the City or of any dangerous or hazardous substances released into the atmosphere in the City of Chicago or within a mile of the corporate geographic boundaries of the City.
(Prior code § 9-19; Amend Coun. J. 11-9-16, p. 36266, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-270. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-260 as current § 2-112-250.
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