(A) It is the policy of the Village of East Dundee to act in accordance with Illinois Public Act 101-652 generally, and specifically § 4.1 of the Public Officers Prohibited Activities Act, ILCS Chapter 50, Act 105, § 4.1.
(B) It is the policy of the Village of East Dundee to prohibit any official from retaliating against any employee who:
(1) Reports an improper governmental action;
(2) Cooperates in the investigation related to a report of an improper governmental action; or
(3) Testifies in a proceeding or prosecution of an improper governmental action. An improper governmental action is defined as follows.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPROPER GOVERNMENTAL ACTION.
(a) Includes any action by a Village of East Dundee employee, an appointed member of a board, commission, or committee, or an elected official of the Village of East Dundee that is undertaken in violation of federal, state, or Village of East Dundee ordinance, law or rule; is an abuse of authority; violates the public's trust or expectation of his or her conduct; is of substantial and specific danger to the public's health or safety; or is a gross waste of public funds.
(b) Does not include Village of East Dundee personnel actions, including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployment, performance evaluations, reductions in pay, dismissals, suspensions, demotions, reprimands, or violations of collective bargaining agreements, except to the extent the actions amounts to retaliation. Retaliation, in this context means retaliatory action that results from an employee's protected activity of reporting improper governmental action, cooperating in the investigation, proceeding or prosecution of a reported improper governmental action.
(D) Copies of this policy and procedure, along with a copy of ILCS Chapter 50, Act 105, § 4.1 of the Public Officers Prohibited Activities Act will be given to every employee upon hiring. Additionally, these same documents will be furnished or made available to all employees on an annual basis.
(E) Designation of auditing official. Village of East Dundee designates the Village Administrator to serve as the auditing official of the Village of East Dundee, with the duties and responsibilities set forth in ILCS Chapter 50, Act 105, § 4.1 Procedures for Reporting and Investigating Reports of Improper Governmental Action.
(F) Reporting an "improper governmental action" or retaliation.
(1) If an employee believes that he/she has witnessed an improper governmental action, as defined in the policy above, the employee must submit a written report of the improper governmental action to the auditing official.
(2) If an employee believes that he/she has been retaliated against for reporting improper governmental action, or cooperating in the investigation, or procedure involving an improper governmental action, the employee must report such alleged retaliation to the auditing official in writing within 60 days of the retaliatory action taking place.
(3) The auditing official may transfer the complaint to another auditing official, including the Kane County State's Attorney, if he/she determines that it is appropriate.
(4) If the auditing official is also the subject of the complaint, the complainant may file the complaint with any state's attorney.
(G) Investigation of complaint.
(1) Identity of the complainant.
(a) The Auditing Official will keep the identity of the complainant confidential to the extent allowed by law.
(b) The complainant may waive confidentiality in writing.
(2) The auditing official shall investigate the complaint promptly and thoroughly and conclude whether or not the evidence gathered through such investigation warrants a finding that either an improper governmental action, or retaliation for filing such a complaint or cooperating with such investigation occurred or did not occur.
(3) The investigation by the auditing official may include:
(a) Interviews of the complainant and witnesses;
(b) Interviews of governmental officials who may have knowledge about the complaint or may be the subject of the complaint;
(c) Inspection of documentation (in written, printed, or electronic format) relevant to the complaint;
(d) Taking any other appropriate measures to ensure that the complaint has been thoroughly investigated;
(e) Making a determination whether the complaint has merit or whether the complaint does not have merit.
(H) Determination and remedial action if necessary.
(1) If the auditing official determines that the complaint has no merit, he/she can dismiss the complaint.
(2) If the auditing official determines that the complaint has merit, he/she may take remedial action on behalf of the complainant, including reinstatement, reimbursement for lost wages or expenses, promotion, or other remedial action that the auditing official deems appropriate. The auditing official may also make his/her investigation findings available to the complainant's attorney if the auditing official finds that restitution is not sufficient.
(3) Any person who engages in prohibited retaliation under ILCS Chapter 50, Act 105, § 4.1 of the Public Officers Prohibited Activities Act may also be subject to fines, appropriate employment action, civil or criminal prosecution, or any combination of these actions as prescribed in that section.
(Ord. 22-34, passed 7-18-2022)
Statutory reference:
Retaliation against a whistleblower, see ILCS Chapter 50, Act 105, § 4.1