(A) 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 hired individual, by whatever name, selected by the Mayor, whose duties are similar to, but not limited to, receiving, registering, and investigating complaints and information concerning misconduct, inefficiency, and waste within the village; 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. In the event that the village has not named an Auditing Official at the time any given complaint is received, the complaint shall be tendered to the State's Attorney's Office to act as the AUDITING OFFICIAL.
EMPLOYEE. Anyone employed by a unit of local government, 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 or not paid. EMPLOYEE also includes persons who have been terminated because of any report or complaint submitted under this chapter.
IMPROPER GOVERNMENTAL ACTION. Any action by a unit of local government employee, an appointed member of a board, commission, or committee, or an elected official of the unit of local government that is undertaken in violation of a federal, state, or unit of local government 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. 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. IMPROPER GOVERNMENTAL ACTION does not include a unit of local government 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 this chapter.
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 unsatisfactoiy 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 this chapter.
(B) It is prohibited for a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee or contractor who:
(1) Reports an improper governmental action under this chapter;
(2) Cooperates with an investigation by an Auditing Official related to a report of improper governmental action; or
(3) Testifies in a proceeding or prosecution arising out of an improper governmental action.
(C) To invoke the protections of this section, an employee shall make a written report of improper governmental action to the appropriate Auditing Official. An employee who believes he or she has been retaliated against in violation of this section must submit a written report to the Auditing Official within 60 days of gaining knowledge of the retaliatory action. If the Auditing Official is the individual doing the improper governmental action, then a report under this division may be submitted to any State's Attorney.
(D) Each Auditing Official shall establish written processes and procedures for managing complaints filed under this section, and each Auditing Official shall investigate and dispose of reports of improper governmental action in accordance with these processes and procedures. If an Auditing Official concludes that an improper governmental action has taken place or concludes that the relevant unit of local government, department, agency, or supervisory officials have hindered the Auditing Official's investigation into the report, the Auditing Official shall notify in writing the chief executive of the unit of local government and any other individual or entity the Auditing Official deems necessary in the circumstances. Until such time as the Auditing Official creates individualized procedures and practices, the following shall apply to such complaints:
(1) Complaints for violations of any provision herein or for general complaints regarding misconduct, fraud or waste within the village shall be made in writing and submitted to the named Auditing Official. Receipt of such complaint via email shall be sufficient, provided that the sender of such email can be readily identified by the Auditing Official;
(2) Upon receipt of such written complaint, the Auditing Official shall make sufficient inquiry to ascertain the truth and veracity of the allegations;
(3) Upon sufficient evidence that such allegations are true, the Auditing Official may take official statements and conduct formal investigative interviews of all necessary parties;
(4) Upon completion of the fact-finding, the Auditing Official shall render a written opinion as to the conduct of the complained of party consisting of any property fines against such party, consistent with the provisions herein;
(5) If the Auditing Official determines that such conduct against the complainant was retaliatory and violative of the spirit and intent of this section, the Auditing Official may make such further written orders so as to reinstate the complainant and grant such awards of backpay as may be appropriate under the circumstances;
(6) In all such cases after receipt of a written complaint, the Auditing Official shall initiate official inquiry into the matter not more than three business days after receipt of same and shall conclude all investigations and render the official written finding not more than 30 days after receipt of such written complaint, unless extraordinary circumstances require additional time to conclude the investigation;
(E) An Auditing Official may transfer a report of improper governmental action to another Auditing Official for investigation if an Auditing Official deems it appropriate, including, but not limited to, the appropriate State's Attorney.
(F) To the extent allowed by law, the identity of an employee reporting information about an improper governmental action shall be kept confidential unless the employee waives confidentiality in writing. Auditing Officials may take reasonable measures to protect employees who reasonably believe they may be subject to bodily harm for reporting improper government action.
(G) The following remedies are available to employees subjected to adverse actions for reporting improper government action:
(1) Auditing Officials may reinstate, reimburse for lost wages or expenses incurred, promote, or provide some other form of restitution.
(2) In instances where an Auditing Official determines that restitution will not suffice, the Auditing Official may make his or her investigation findings available for the purposes of aiding in that employee or the employee's attorney's effort to make the employee whole.
(H) A person who engages in prohibited retaliatory action under division (A) is subject to the following penalties: a fine of no less than $500 and no more than $5,000, suspension without pay, demotion, discharge, civil or criminal prosecution, or any combination of these penalties, as appropriate.
(I) Every employee shall receive a written summary or a complete copy of this section 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.
(Ord. 21-O-15, passed 7-8-2021)