(A) Purpose. The City of Greenville 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 retaliation 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 otherwise.
AUDITING OFFICIAL.
(a) 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.
(b) The Auditing Official shall be the City Manager, his/her designee, or Human Resources, until replaced by the municipality.
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 § 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 a 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 division (B) below, of the municipality who:
(a) Reports an improper governmental action as defined under 50 ILCS 105/4.1 (hereinafter § 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.
(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. Section 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 government 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 attorney 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 acknowledgment to the Auditing Official or other designated official of the municipality. The form that is attached to Ord. 3254 will satisfy this requirement upon receipt.
(Ord. 3254, passed 11-9-2021)