(A) In accord with the provisions of ILCS Ch. 50, Act 105, § 4.1, it is prohibited for the Village of Peotone, any of its officials, agents, representatives or employees to retaliate against an employee or contractor who: (1) reports an improper governmental action under this policy; (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.
(B) (1) Employees are encouraged to make a written report of an improper governmental action to the village auditing official or if no auditing official is appointed by the village, the Will County State's Attorney.
(2) IMPROPER GOVERNMENTAL ACTION is defined as 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.
(C) (1) An employee who believes he or she has been retaliated against in violation of this policy 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.
(2) RETALIATE, RETALIATION, or RETALIATORY ACTION are defined as 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 policy. 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 this policy.
(D) 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.
(E) The duties of the auditing official include: receiving and investigating any employee complaint of retaliation; and receiving, registering and investigating complaints and information concerning misconduct, inefficiency and waste within the village.
(F) The Mayor may appoint an auditing official. The auditing official shall establish a written procedure for the filing and investigation of complaints made pursuant to this policy. If there is no auditing official currently appointed by the Mayor, the Will County State's Attorney shall serve as the auditing official.
(G) The remedies available to employees subjected to adverse actions for reporting improper government action are as set forth in ILCS Ch. 50, Act 105, § 4.1. A person who engages in prohibited retaliatory action prohibited by this policy 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.
(H) A copy of this policy, upon its adoption, shall be given to all village employees and once each year thereafter and to all newly employed employees upon hiring. This policy shall be posted on the village website.
(Ord. 21-25, passed 10-11-21)