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(A) The City Clerk is hereby designated as the FOIA Officer to whom all initial requests for access to the records of the city are to be referred. Such requests are to be made at the offices of the City Clerk at 415 11th Avenue, Fulton, Illinois, between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. In the event that Linda Hollis, City Clerk, is not available during the times described above, then Tammy Garibay is designated as the first deputy FOIA Officer and if Tammy Garibay is not available during the times described above, then ReNee Borgman is designated as the second deputy FOIA Officer to whom such initial requests are to be made. This information shall be posted on the city website when and if applicable to the city under the law. Except in instances when records are furnished immediately, the FOIA Officer, or her designees, shall receive requests submitted to the city under the Freedom of Information Act, ensure that the city responds to requests in a timely fashion, and issue responses under the Act. The FOIA Officer shall develop a list of documents or categories of records that the city shall immediately disclose upon request.
(B) Upon receiving a request for a public record, the FOIA Officer shall:
(1) Note the date the city receives the written request;
(2) Compute the day on which the period for response will expire and make a notation of that date on the written request;
(3) Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and
(4) Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.
(C) The FOIA Officer and Deputy FOIA Officers shall, within six months after January 1, 2010, successfully complete an electronic training curriculum to be developed by the Public Access Counselor of the State of Illinois and thereafter successfully complete an annual training program. Whenever a new Freedom of Information Officer is designated by the city, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position.
(D) Any records which are the subject of a request under the Freedom of Information Act shall be retrieved from such place as they are stored, by the FOIA Officer, or by an employee of the city acting under the direction of the FOIA Officer. In no event shall records be retrieved by the party requesting them or by any person who is not employed by the city.
(E) If copies of records are requested, the fees for such copies, whether certified or not, shall be determined from time to time by the FOIA Officer pursuant to Section 6(b) of the Freedom of Information Act. The City Clerk shall maintain a written schedule of current fees in the Clerk's office. The fees so charged shall reflect the actual cost of copying the records, and the cost of certifying copies, if certification is requested.
(F) In the event that a request to inspect city records is denied by the FOIA officer, the denial may be appealed to the Public Access Counselor of the State of Illinois.
(G) The City Clerk shall prepare: a City Information Directory; a block diagram of the functional subdivisions of the city; a City Records Directory; and a Records Catalogue, all of which shall be substantially in the same form as the documents attached to Ordinance No. 1404 and made a part hereof as Exhibits “A”, “B”, “C”, and “D”. This information shall also be posted on the city's website, when applicable.
(Ord. 1404, passed 2-1-10)
(A) Prohibition on sexual harassment. It is unlawful to harass a person because of that person’s sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the City of Fulton, Illinois to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.
(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:
(1) Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affection such individual, or
(c) Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
(2) Conduct which may constitute sexual harassment includes:
(a) Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.
(b) Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.
(c) Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
(d) Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
(e) Textual/electronic: “sexting” (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).
(3) The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a “reasonable person”.
(C) Procedure for reporting an allegation of sexual harassment.
(1) An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.
(2) Any employee may report conduct which is believed to be sexual harassment, including the following:
(a) Electronic/direct communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.
(b) Contact with supervisory personnel.
1. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a commissioner, or the Mayor of the Village.
2. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment.
(c) Resolution outside municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 300 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days.
(3) Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.
(4) All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant’s willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
(D) Prohibition on retaliation for reporting sexual harassment allegations.
(1) No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee’s:
(a) Disclosure or threatened disclosure of any violation of this policy;
(b) The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy; or
(c) Assistance or participation in a proceeding to enforce the provisions of this policy.
(2) For the purpose of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee’s involvement in protected activity pursuant to this policy.
(3) No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.
(4) Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (ILCS Ch. 5, Act 430, § 15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:
(a) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, state agency, or other state employee that the state employee reasonably believes is in violation of a law, rule, or regulation;
(b) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, state agency or other state employee; or
(c) Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(5) Pursuant to the Whistleblower Act (ILCS Ch. 740, Act 174, § 15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule, or regulation, (ILCS Ch. 740, Act 174, § 15(b)).
(6) According to the Illinois Human Rights Act (ILCS Ch. 775, Act 5, § 6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
(7) An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with the IDHR or EEOC, may file a retaliation charge - either due within 300 days of the alleged retaliation.
(E) Consequences of a violation to the prohibition on sexual harassment. In addition to any and all other discipline that may be applicable pursuant to municipal 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 the municipality 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 the municipality 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.
(F) Consequences for knowingly making a false report.
(1) A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.
(2) In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State’s Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
(Ord. 1617, passed 12-10-18)
(A) It is a policy of the City of Fulton to reimburse employees for all necessary expenditures or losses incurred by the employee within the employee's scope of employment and directly related to services performed for the City of Fulton. The City of Fulton is not responsible for losses due to an employee's own negligence, losses due to normal wear or losses due to theft unless the theft was a result of the City of Fulton's negligence. This policy was drafted using the Illinois Wage Payment and Collection Act (ILCS Ch. 820, Act 115, § 9.5), effective January 1, 2019.
(B) Definitions.
EMPLOYEE. An employee, officer or official of the City of Fulton. Municipal officers and officials may be subject to additional conditions or restrictions for reimbursement of expenses related to their specific offices and other state statutes or local ordinances.
NECESSARY EXPENDITURES. All reasonable expenditures or losses required of the employee in the discharge of employment duties and that inure to the primary benefit of the City of Fulton, subject to the provisions of this policy.
(C) Guidelines for necessary expenditures.
(1) Authorized expenditures include: cell phone expenses, laptop, mileage, tools, equipment, Internet, meals, registration fees, training expenses, tolls and parking fees.
(2) Unauthorized expenditures include: home Internet service, personal cell phone expenses, mileage incurred on personal vehicles, alcoholic beverages and entertainment expenses.
(3) Any expenditure that is not requested and approved prior to purchase is deemed an unauthorized expenditure and may not be reimbursed.
(4) Reimbursement of travel, meal or lodging expenses incurred by an employee is guided by Resolution Number 265, entitled A Resolution Regulating Control of Travel, Meal and Lodging Expenses passed by the City Council pursuant to the Local Government Travel Expense Control Act (ILCS Ch. 50, Act 150).
(D) Pre-approval for authorized expenditures.
(1) An employee shall submit a written request to purchase any of the above authorized expenditures at least three business days in advance of incurring the expense on a form entitled "expense reimbursement form" as approved by the City Council. Following approval of the expense, the employee will be reimbursed as provided in the following section. If the expense is not approved following a written request, the employee will not be entitled to reimbursement.
(2) In the event that an expense is not pre-approved, reimbursement will be subject to the discretion of the City Council.
(E) Reimbursement procedure for authorized expenditures.
(1) An employee shall submit an "expense reimbursement form" along with appropriate supporting documentation not later than 30 calendar days after incurring the expense.
(2) Where supporting documentation is nonexistent, missing or lost, the employee shall submit a signed statement regarding any such receipts.
(3) An employee may not be entitled to reimbursement if the employee has failed to comply with this expense reimbursement policy.
(Ord. 1639, passed 10-14-19)
(A) The City of Fulton provides whistleblower protections in two important areas: confidentiality and against retaliation. The confidentiality of a whistleblower will be maintained to the extent allowable by law, however, an identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals their legal rights of defense. A whistleblower may also waive confidentiality in writing. The municipality will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliatlon in the form of an adverse employment action such as termination; compensation decreases, or poor work assignments and threats of physical harm. Any whistleblowers who believe they are being retaliated against must submit a written report to the Auditing Official within 60 days of gaining knowledge of the retaliatory action. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated,
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUDITING OFFICIAL. Any elected, appointed or employed individual, by whatever name, in the municipality whose duties may include: receiving, registering and investigating complaints and information concerning misconduct, inefficiency and waste within the municipality; investigating the performance of officers, employees, functions and programs; and, promoting economy, efficiency, effectiveness and integrity in the administration of the programs and operations of the municipality.
(a) The Auditing Official shall be the Mayor, until replaced by the municipality.
(b) If the municipality does not designate an Auditing Official, the Auditing Official defaults to the State's Attorney of Whiteside County.
EMPLOYEE. Anyone employed by the municipality, whether in a permanent or temporary position, including full-time, part-time and intermittent workers. Employee also includes members of appointed boards or commissions, whether paid or unpaid. Employee also includes persons who have been terminated because of any report or complaint submitted under ILCS Ch. 50, Act 105, § 4.1 (hereinafter § 4.1).
IMPROPER GOVERNMENTAL ACTION.
(a) Any action by an employee of the municipality; an appointed member of a board, commission or committee; or, an elected official of the municipality that is undertaken in violation of a federal or state law or local ordinance; is an abuse of authority; violates the public's trust or expectation of their conduct; is of substantial and specific danger to the public's health or safety; or, is a gross waste of public funds. The action need not be within the scope of the employee’s, elected official’s, board member’s, commission member's or committee member’s official duties to be subject to claim of "improper governmental action.
(b) Improper governmental action does not include the municipality's 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 that the action amounts to retaliation.
RETALIATE, RETALIATION OR RETALIATORY ACTION. Any adverse change in an employee's employment status or the terms and conditions of employment that results from an employee's protected activity under § 4.1. Retaliatory action includes, but is not limited to, denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unsubstantiated letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; transfer or reassignment; suspension or dismissal; or, other disciplinary action made because of an employee's protected activity under § 4.1.
WHISTLEBLOWER. An employee, as defined in this policy, of the municipality who:
(a) Reports an improper governmental action as defined under § 4.1;
(b) Cooperates with an investigation by an Auditing Official related to a report of improper governmental action; or
(c) Testifies in a proceeding or prosecution arising out of an improper governmental action.
(C) Duties of an Auditing Official.
(1) Each Auditing Official shall establish written processes and procedures consistent with the terms of this policy and best practices for investigations for managing complaints filed under § 4.1. Each Auditing Official shall investigate and dispose of reports of improper governmental action in accordance with these processes and procedures, and all other provisions of § 4.1.
(2) The Auditing Official must provide each employee a written summary or a complete copy of § 4.1 upon commencement of employment and at least once each year of employment. At the same time, the employee shall also receive a copy of the written processes and procedures for reporting improper governmental actions from the applicable Auditing Official.
(3) Auditing Officials may reinstate, reimburse for lost wages or expenses incurred, promote or provide some other form of restitution.
(4) In instances where an Auditing Official determines that restitution will not suffice, the Auditing Official may make their investigation findings available for the purposes of aiding in that employee's, or the employee’s attorney's, effort to make the employee whole.
(5) Auditing Officials are responsible for reading the full context of § 4.1 and complying with all requirements.
(6) If no Auditing Official is designated, the State's Attorney of Whiteside County will be the default Auditing Official.
(D) Duties of an employee.
(1) All reports of illegal and dishonest activities will be promptly submitted to the Auditing Official who is responsible for investigating and coordinating corrective action.
(2) If an employee has knowledge of, or a concern of, improper governmental action, the employee shall make a written report of the activity to the Auditing Official. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination.
(3) The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; a designated Auditing Official is charged with these responsibilities.
(E) Defend Trade Secrets Act (18 U.S.C. § 1836) Compliance. § 7(b): Immunity from Liability for Confidential Disclosure of a Trade Secret to the, Government or in a Court Filing:
(1) Immunity. An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state or local govemment official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
(2) Use of trade secret information in anti-retaliation lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attomey of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order."
(F) Employee acknowledgment. Employees are required to sign a written acknowledgment that they have received, read and understand this policy, and to submit that acknowledgement to the Auditing Official or other designated official of the municipality. The form that follows will satisfy this requirement upon receipt.
Employee Acknowledgment of Whistleblower Protection Policy
I confirm that I have received, read and understand the "Whistleblower Protection Policy" for employees of the City of Fulton.
I understand that as an employee, lt is my responsibility to abide by this Policy. If I have questions about the Policy, I understand it is my responsibility to seek clarification from the proper supervisory department, the Auditing Official or the State’s Attorney of Whiteside County, Illinois.
Print Name:
Employee Signature:
Date:
(Ord. 1686, passed 8-23-21)