(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) A person who intentionally violates any provision of § 35.091 of this chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(2) Any person who intentionally violates any provision of § 35.092 of this chapter is subject to a fine in an amount of not less than $1,001, and not more than $5,000.
(3) Any person who intentionally makes a false report alleging a violation of any provision of this subchapter to the local enforcement authorities, the state’s attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(4) (a) A violation of § 35.091 of this chapter shall be prosecuted as a criminal offense by an attorney for the city by filing in the Circuit Court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
(b) A violation of § 35.092 of this chapter may be prosecuted as a quasi-criminal offense by an attorney for the city, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
(6) The Commission may fine any person who intentionally violates any provision of § 35.092 of this chapter in an amount of not less than $1,001, and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this subchapter in an amount of not less than $1,001, and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge.
(Prior Code, § 35.78)
(C) (1) Consequences of a violation of 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 5 ILCS 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.
(2) Consequences for knowingly making a false report.
(a) 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 a report 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.
(b) In addition, any person who intentionally makes a false report alleging a violation of any provision of the state’s 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. 04-O-1804, passed 7-7-2004; Ord. 18-O-2191, passed 1-12-2018)