For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUDITING OFFICIAL. Any elected, appointed or employed individual, by whatever name, in the village whose duties may include: 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 village.
(1) The Auditing Official shall be the President, until replaced by appropriate action taken by the village.
(2) If the village does not have a designated Auditing Official, the Auditing Official is by default the Shelby County State's Attorney.
EMPLOYEE. Anyone employed by the village, 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 50 ILCS 105/4.1. For purposes of this policy only, EMPLOYEE includes contractors providing services to the village under a duly formed and accepted contract.
IMPROPER GOVERNMENTAL ACTION.
(1) Any action by an employee of the village; an appointed member of a board, commission or committee; or an elected official of the village 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.
(2) IMPROPER GOVERNMENTAL ACTION does not include the village's personnel actions, including, but not limited to employee grievances; complaints; appointments; or 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 50 ILCS 105/4.1. 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 50 ILCS 105/4.1.
WHISTLEBLOWER. An employee, of the village who:
(1) Reports an improper governmental action as defined under 50 ILCS 105/4.1;
(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.
(Ord. 2021-16, passed 9-14-2021)