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§ 38.347 APPLICABLE PROCEDURES.
   (A)   The County of DeWitt takes allegations of discrimination, harassment and sexual misconduct very seriously. It will actively investigate all complaints.
   (B)   It is helpful for the employee to directly inform the offending individual that the conduct is unwelcome and must stop. The employee should use the County of DeWitt's complaint procedure to advise the County of DeWitt of any perceived violation of this policy as soon as it occurs.
      (1)   Bringing a complaint. 
         (a)   Any employee of County of DeWitt, who believes that there has been a violation of this policy may bring the matter to the attention of County of DeWitt in one of the following ways:
            1.   Advising his or her supervisor or the Ethics Officer for County of DeWitt; or
            2.   Advising the offending employee's supervisor, the County State's Attorney or the County Clerk in the event that the alleged harasser is the State's Attorney.
         (b)   If the complaint involves someone in the employee's direct line of command, then the employee should go directly to the State's Attorney or the Ethics Officer.
         (c)   The complaint should be presented as promptly as possible after the alleged violation of this policy occurs.
         (d)   County of DeWitt will take steps to ensure that complaints made are kept confidential to
the extent permissible under the law. Individuals who are involved in an investigation under this policy are required to keep the matter confidential to the fullest extent permitted under the law.
      (2)   Resolution of a complaint. Promptly after a complaint is submitted, the County of DeWitt will undertake such investigation, corrective and preventive actions as are appropriate. In general, the procedure in resolving any complaints can (but will not necessarily) include any of the following items:
         (a)   A meeting between the employee making the complaint and an individual designated by County of DeWitt to investigate such complaints. Important data to be provided by the complaining employee includes the following:
            1.   A description of the specific offensive conduct;
            2.   Identification of all person(s) who engaged in the conduct;
            3.   The location where the conduct occurred;
            4.   The time when the conduct occurred;
            5.   Whether there were any witnesses to the conduct;
            6.   Whether conduct of a similar nature has occurred on prior occasions;
            7.   Whether there are any documents which would support the complaining employee's allegations;
            8.   What impact the conduct had on the complaining employee;
         (b)   While not required, County of DeWitt encourages anyone who makes a complaint under this policy to provide a written statement setting forth the above details and attaching any pertinent records.
         (c)   After a complaint is submitted by the employee, the alleged offending individual should be contacted by a designated representative of County of DeWitt. The alleged offending individual should be advised of the charges brought against him or her, and may be provided with a copy of the written statement of complaint made by the complaining employee (if applicable). The alleged offending individual should have an opportunity to fully explain his or her side of the circumstances, and may also submit a written statement, if desired.
         (d)   After the alleged offending individual is interviewed, any witnesses identified by either the complaining employee or the alleged offending individual may be interviewed separately.
         (e)   Once this investigation is completed, County of DeWitt will take such action as is appropriate based upon the information obtained in the investigation. In the event that County of DeWitt finds merit in the charges made by the complaining employee, disciplinary action will be taken against the offending employee. This disciplinary action may, but need not necessarily, include:
            1.   Verbal or written reprimand;
            2.   Placing the offending employee on a corrective action plan for a period of time to be identified;
            3.   Delay in pay increases or promotions;
            4.   Suspending the offending employee from work without pay;
            5.   Demotion;
            6.   Immediate termination.
         (f)   Upon completion of the investigation, County of DeWitt will advise the complaining employee of the results of the investigation, including action taken, if any, against the offending individual.
   (C)   When investigating alleged violations of this policy, County of DeWitt looks at the whole record including, but not limited to, the nature of the allegations, the context in which the alleged incidents occurred, and the statements of the parties and witnesses. A determination on the allegations is made from the facts on a case-by-case basis.
(Res. 2019-05, passed 12-19-2019)
§ 38.348 NON-RETALIATION.
   Under no circumstances will there be any retaliation against any employee making a complaint of discrimination, harassment or sexual misconduct. Any act of retaliation by any party directed against a complaining employee, an accused employee, witnesses, or participants in the process will be treated as a separate and distinct complaint and will be similarly investigated. Complaints of retaliation should be addressed to the Ethics Officer, State's Attorney or County Clerk. Illinois law provides protections to whistleblowers as set forth in the Whistleblower Act, ILCS Ch. 740, Act 174, § 15 and the Illinois Human Rights Act, ILCS Ch. 775, Act 5, § 6-101.
(Res. 2019-05, passed 12-19-2019)
§ 38.349 DISCIPLINE, FINES AND PENALTIES.
   In addition to any and all other discipline that may be applicable pursuant to County of DeWitt's policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition on Sexual Harassment contained In ILCS Ch. 5, Act 430, § 5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by County of DeWitt and any applicable fines and penalties established pursuant to local ordinance, state law or federal law. Each violation may constitute a separate offense. Any discipline imposed by County of DeWitt shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a state or Federal agency.
(Res. 2019-05, passed 12-19-2019)
§ 38.350 FALSE REPORTS PROHIBITED.
   It is a violation of this policy for an employee to knowingly make a false report of discrimination, harassment, sexual misconduct, or retaliation. An employee who is found to have knowingly made a false report is subject to disciplinary action, as set forth in § 38.347(B)(2)(e), above.
(Res. 2019-05, passed 12-19-2019)
§ 38.351 ADDITIONAL RESOURCES.
   If you have any questions concerning the County of DeWitt's policies on this matter, please see your supervisor, the Ethics Officer, or the State's Attorney. Further information may also be obtained from the Illinois Department of Human Rights, 312-814-6200 or the Equal Employment Opportunity Commission (EEOC), 800-669-4000. Confidential reports of harassment or discrimination may also be filed with these state agencies. For matters involving the abuse of minors the Illinois Department of Children and Family Services (DCFS) may be contacted by dialing 800-25-ABUSE.
(Res. 2019-05, passed 12-19-2019)
IDENTITY PROTECTION POLICY
§ 38.365 PROHIBITED CONDUCT.
   (A)   No county employee or official shall publicly post or display in any manner an individual's social security number.
   (B)   No county employee or official shall print an individual's social security number on any card or device, including but not limited to devices that use RFID, magnetic strips, or bar codes.
   (C)   No individual shall be required to transmit his or her social security number over the internet, unless the connection is secure or the social security number is encrypted.
   (D)   No county employee or official shall print an individual's social security number on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail, or any similar method of delivery, unless state or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope without the envelope having been opened.
   (E)   No county employee or official shall collect, use, or disclose a social security number from an individual, unless: (i) required to do so under state or federal law, rules, or regulations, or the collection, use, or disclosure of the social security number is otherwise necessary for the performance of that agency's duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose.
   (F)   No county employee or official shall require an individual to use his or her social security number to access an internet website.
   (G)   No county employee or official shall use a social security number for any purpose other than the purpose for which it was collected.
(Res. 2017-14A, passed 12-21-2017)
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