(A) In the matter of irregularities concerning an employee’s moral, ethical or behavioral conduct, these issues shall be addressed and resolved by the respective county government department head in accordance with established employee policies and/or collective bargaining contract provisions. If there is any question as to whether an action constitutes fraud, the State’s Attorney shall be contacted for advice and guidance.
(B) The County State’s Attorney has the primary responsibility for the coordination of any investigation of all suspected fraudulent acts as defined in this policy. If the investigation substantiates that fraudulent activities have occurred, the State’s Attorney will issue reports to the appropriate designated personnel and, if appropriate, to the County Board through the Personnel Committee of the County Board. Any decisions to prosecute or refer the examination to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with the State’s Attorney, County Board or other involved entities, as will final decisions on disposition of the case.
(C) The State’s Attorney treats all information received confidentially. Individuals who make reports of suspected fraud may do so without fear of reprisal. Any employee who suspects dishonest or fraudulent activity must notify the State’s Attorney immediately, and must not attempt to personally conduct investigations or interviews or interrogations related to any suspected fraudulent act. The identity of any employee or complainant reporting information to the State’s Attorney shall remain anonymous and confidential. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the State’s Attorney or entity conducting the investigation. The State’s Attorney is responsible for the administration, interpretation, and application of this policy. The policy will be reviewed annually and revised by the County Board as needed.
(D) Investigation results will not be disclosed or discussed with any party other than those individuals or ones that have a legitimate need to have knowledge of the investigation. The purpose of this policy is to avoid damaging the reputations of persons suspected, but subsequently found innocent of, any wrongful conduct and to protect the county from potential civil liability.
(E) Adoption of this subchapter shall provide the State’s Attorney or other authorized investigative or law enforcement body with free and unrestricted access to all county records and premises, whether owned or rented; and the authority to examine, copy and/or remove all or any portion of the contents of files, desks, cabinets and other storage facilities on the premises without prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of his or her investigation.
(F) If an investigation results in a recommendation to terminate an individual, the recommendation will be reviewed for approval by the county government department head, in consultation with the County Board Personnel Committee and legal counsel before any such action is taken. The decision to terminate an employee is made by the county government department head.
(Ord. passed 2-13-2018)