The city expects a proper conduct and assigns certain responsibilities to each employee. This conduct and responsibilities are established in the best interest of the city, its residents and employees. Proper conduct and responsibilities shall include, but are not necessarily limited to the following.
(A) Gifts, gratuities, bribes or rewards. No employee shall solicit or accept from any person, business or organization any gift in violation of the State Officials and Employees Ethics Act incorporated into the Code of Marseilles at § 31.03.
(B) Prohibited political activity. Employees will not be asked to perform nor perform during work hours prohibited political activities nor otherwise violate the State Officials and Employees Act incorporated into the Code of Marseilles at § 31.03.
(C) Abuse of position.
(1) Employees shall not use their official position, official identification cards or badges:
(a) For personal or financial gain for themselves or others.
(b) For obtaining privileges not otherwise available to them except in the performance of duty.
(c) For avoiding consequences of illegal acts.
(2) Employees shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the approval of the Commissioner.
(3) Employees shall not authorize the use of their names, photographs or official title that identifies them as employees in connection with testimonials or advertisements of any commodity or commercial enterprise without the approval of their Commissioner.
(D) Endorsements and referrals. Employees shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service or commercial service (such as an attorney, towing service, contractor, etc.).
(E) Courtesy. Employees shall be courteous to the public. Employees shall be tactful in the performance of their duties, shall control their tempers, and exercise the utmost patience and discretion and shall not engage in argumentative discussions even in the face of extreme provocation. In the performance of their duties, they shall not use coarse, violent, profane or insolent language or gestures and shall not express any prejudice concerning race, religion, politics, national origin, sex, lifestyle or similar personal characteristics.
(F) Dress and appearance. Employees should avoid extremes in dress and appearance and avoid sexually suggestive clothing. Employees’ clothing should be reasonable neat, clean and orderly as work conditions allow.
(G) Unbecoming conduct.
(1) Employees shall conduct themselves on and off duty in such a manner as to reflect favorably on the city.
(2) Employees will not engage in conduct which discredits the integrity of the city or its employees or which impairs the operations of the city. Such actions shall constitute conduct unbecoming an employee.
(H) Associations. Except as necessary to the performance of official duties or where unavoidable because of other family relationships of the employee, employees shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment or who have a reputation in the community or present or past involvement in felonious or criminal behavior.
(I) Public statements and appearances.
(1) Employees shall not publicly criticize or ridicule the city, its policies or other employees by speech, writing or other expression, where such speech, writing or other expression is defamatory, obscene, unlawful, undermines the effectiveness of the city, interferes with the maintenance of discipline or is made with reckless disregard for truth.
(2) Employee shall not address public gatherings, appear on radio or television, prepare any articles for publication, act as correspondents to a newspaper or a periodical, release or divulge information or any other matters of the city while holding themselves out as representing the city in such matters without proper authority.
(3) Employees will not accept compensation, honoraria or permit their expenses to be paid by sources other than the city for speaking or writing assignments performed as part of their official duties unless specifically authorized by the city.
(J) Social media policy.
(1) Social media as define herein refers to social networking websites which focus on building online communities of people who share interests and activities and/or exploring the interests and activities of others. Examples of social networking websites include: Facebook, MySpace, Friendster, Linked In, Twitter, and sites that allow users to post personal blogs. The absence of, or lack of explicit reference to, a specific site does not limit the extent of the application of this policy.
(2) The City of Marseilles has a duty to protect the reputation of the city and its employees, as well as guard against liability and potential legal risk. Therefore, the city reserves the right to monitor these websites, and employees are advised that they should exercise caution and good judgment when social networking online.
(3) Where the poster can be identified as an employee of the city, any postings involving offensive or unethical content are not permitted. Employees shall not represent that they are speaking or acting on behalf of the city, or that they are representing or presenting the interests of the city. Employees are prohibited from using social networking sites to harass or attack others, including those who work for the city.
(4) Employees should be aware that the content of these social networking sites can be subject of subpoena and be used in criminal and civil litigation and have impact on the testimony of an employee involved in city litigation.
(5) Failures to comply with the following may result in discipline, up to and including discharge.
(K) Outside employment. The work of the city shall have precedence over all other occupational interests of employees. No employee may perform any outside work which is or can be interpreted to be inconsistent with their city work or is detrimental to the best interests of the city.
(L) Unsatisfactory performance. Employees shall maintain sufficient competency to efficiently and properly perform their duties and assume the responsibilities of their positions.
(M) Use of city equipment. Employees shall utilize city equipment only for its intended purposes, for city purposes, in accordance with established city procedures, and shall not abuse or damage city equipment. Employees will use reasonable care to avoid loss of city equipment. All city equipment issued to employees shall be maintained in proper order. As a fringe benefit available to city employees, an employee’s immediate supervisor may approve limited personal use of city equipment normally used by the employee in their employment with the city. Such occasional use shall be limited to use personally by the city employee and the city employee shall be personally responsible for costs associated with their incidental use of city equipment.
(O) Electronic device usage.
(1) Use of a city computer, cell phone or other electronic device (hereinafter computer) for purposes other than for the performance of an employee’s job is prohibited. Occasional personal use may be approved in writing by the employee’s immediate supervisor. The city reserves the right to monitor the use of all computers and computer systems. Employees have no reasonable expectation of privacy with respect to any computer including, without limitation, electronic mail, text messages, telephone conversations, and computer hard drives and memory whether or not the employees have private access or entry codes.
(2) Without limitation to the above general restrictions on computer usage, the following are expressly prohibited:
(a) Unauthorized attempts to access another’s e-mail or any password protected data;
(b) To unlawfully download any programs or audio or visual materials;
(c) To alter any networks or modify or add any passwords;
(d) To copy, deconstruct, or damage any computer programs;
(e) Transmitting messages that could reasonably be construed to be obscene or harassing sexually or based on race, national origin, sex, sexual orientation, age, disability or religious or political beliefs;
(f) To access or distribute indecent or obscene material, child pornography, inappropriate text or graphic files; or files dangerous to the integrity of the network; or
(g) To use computer for solicitation of funds, profit or commercial or political use.
(3) In addition to disciplinary action, an employee may be liable for any expense, including personal costs, incurred by the city in eliminating unauthorized programming or downloads, correcting damaged programs, or other work reasonably required as a result of wrongful computer use.
(P) Driver’s license required. Duties of all employees require periodic driving of a vehicle and all employees must maintain a valid Illinois Driver’s license. City garage employees must maintain a valid commercial driver’s license (CDL). Loss or suspension of any driving licenses shall be reported to the department supervisor immediately and is grounds for discipline, including termination.
(Q) Operating city vehicles.
(1) Employees shall operate city vehicles in a careful and prudent manner and shall obey all laws and all city orders pertaining to such operation. An employee shall immediately report any vehicle accident or damage to their supervisor. Any personal use of a city vehicle must be approved in writing by the employee’s immediate supervisor. No passenger other than a city employee shall be in a city vehicle unless approved in writing by the employee’s immediate supervisor.
(2) A supervisor who becomes aware of employee misconduct shall promptly commence a thorough investigation of the incident, and this must include asking the employee for an explanation of his or her actions.
(3) Employees who are furnished a city vehicle may upon written approval of their supervisor use the city vehicle for commuting to and from work during normal work hours and during on call work hours. In such circumstances, such employee shall not use the city vehicle as a replacement for their personal vehicle and shall limit the use of the city vehicle for personal use to exceptional circumstances. The city employee shall be personally responsible for costs associated with their personal incidental use of the city vehicle and such personal use may become subject to required city tax reporting.
(R) Sexual harassment policy. 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 Marseilles 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.
(1) (a) This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. 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.
(b) Conduct which may constitute sexual harassment includes:
1. 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.
2. Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.
3. Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
4. Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
5. 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).
(c) 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.”
(2) (a) 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.
(b) Any employee may report conduct which is believed to be sexual harassment, including the following:
1. 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.
2. Contact with supervisory personnel. 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 director of human resources, an ethics officer, the city manager or administrator, or the chief executive officer of the municipality. 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.
(d) 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.
(e) 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.
(3) (a) 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:
1. Disclosure or threatened disclosure of any violation of this policy;
2. 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
3. Assistance or participation in a proceeding to enforce the provisions of this policy.
(b) For the purposes 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.
(c) 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.
(d) 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:
1. 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;
2. 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
3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(e) 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)).
(f) 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.
(g) An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge - either due within 300 days of the alleged retaliation.
(4) 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.
(5) (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 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.
(S) Workplace harassment other than sexual harassment.
(1) The city operating philosophy is one of sustaining a work environment where all individuals are treated fairly and with respect. Any form of workplace harassment is unprofessional, and is prohibited. Individual conduct that constitutes workplace harassment may be subject to discipline. Workplace harassment does not refer to performance-based or other business-related discussions. Harassment can be both physical and verbal conduct, and is not necessarily sexual in nature.
(2) Workplace harassment that creates or is intended to create an intimidating, hostile, or offensive working environment; unreasonably interferes with work performance; or otherwise adversely affects’ an individual’s employment opportunities is prohibited.
(3) Workplace harassment may include, but is not limited to:
(a) Conduct constituting criminal assault or battery.
(b) Unreasonable or repetitive physical contact.
(c) Staring, ogling, leering, whistling, stalking or related behavior;
(d) Not relevant to work and unwelcomed statements, comments, questions, jokes, humor, anecdotes, or innuendoes;
(e) Graphic comments about a person’s clothing or body;
(f) Obscene gestures;
(g) Harassing use of electronic mail or other forms of communication.
(h) Repeated comments about ethnic backgrounds, race, religion, physical characteristics and racial or ethnic stereotypes;
(i) Hostile or demeaning behavior in the workplace based on an employee’s race, gender, sexual orientation, ethnic or cultural background, and the like;
(j) Graphic or degrading comments about an employee’s appearance;
(k) Providing or withholding work assistance, cooperation or information based on a fellow employee’s race, gender, ethnic or cultural background;
(4) Each supervisor has a responsibility to maintain his or her department free of harassment and intimidation. A supervisor who becomes aware of harassment shall report the incident to their commissioner in charge and Mayor and develop appropriate corrective action to ensure that such conduct is immediately stopped.
(5) Employees are encouraged to report any workplace harassment and should report such in writing to their supervisor, to the commissioner in charge and to the Mayor describing the offensive conduct. Such written complaint should not be provided to any one of the above if such person is the person subject matter of the complaint. Complaints should be filed as soon as possible since a delay in reporting may make it more difficult to investigate the complaint. An employee will be able to have a representative present when filing a complaint or at any discussion or investigation involving the complaint.
(6) The supervisor, commissioner and mayor (excluding any of the foregoing if subject matter of the complaint) will investigate the complaint in a confidential manner to the extent reasonably practical and appropriate under the circumstances. Upon completion of the investigation indicating workplace harassment, a corrective action plan will be implemented with the knowledge of the victim. Corrective action may include, without’ limitation, counseling, reassignment or termination to ensure compliance with the policy.
(7) (a) 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:
1. Disclosure or threatened disclosure of any violation of this policy;
2. 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
3. Assistance or participation in a proceeding to enforce the provisions of this policy.
(b) For the purposes 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.
(c) 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.
(d) 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:
1. 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;
2. 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
3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(e) 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)).
(f) 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.
(g) An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge - either due within 300 days of the alleged retaliation.
(8) 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.
(9) An employee is protected by the Illinois Human Rights Act and 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 or otherwise seeking assistance with those entities. An IDHR complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days.
(Ord. 1451, passed 9-7-11; Am. Ord. 1646, passed 11-15-17; Am. Ord. 1652, passed 1-17-18; Am. Ord. 1664, passed 3-7-18; Am. Ord. 1690, passed 11-7-18) Penalty, see § 10.99