(A) Affirmative Action Officer. The Affirmative Action Officer may meet with any employee, applicant for employment, or city resident who believes they may have been discriminated against by a representative of the city. The purpose of such a meeting is to explain this policy and procedure and provide information the person is legally entitled to receive. An individual wishing to file a complaint shall sign a written complaint and file it with the Affirmative Action Officer within 90 days after the alleged act(s) occurred or within 90 days of the last occurrence of an ongoing condition. A complaint will be considered officially filed on the date physically received by the Affirmative Action Officer. The Affirmative Action Officer will send to the complainant a written acknowledgement of the receipt of the complaint within ten working days. The Affirmative Action Officer shall establish a complaint file. The file shall contain all documents pertinent to the complaint and its investigation. The file should include but is not limited to the complaint; documents compiled as part of the investigation; and statement of resolution. Files should be maintained confidentially for at least five years. The Affirmative Action Officer shall notify the complainant in writing of their rights and options under applicable local, state and federal nondiscrimination laws. The information will include access to enforcement agencies such as the Equal Employment Opportunity Commission (EEOC) and Illinois Department of Human Rights (IDHR). This information is intended to assist the complainant and is not all-inclusive. The notification will advise the complainant to seek assistance in determining any of his/her rights by contacting the enforcement agencies, his/her attorney or the collective bargaining unit.
(B) Confidentiality and retaliation.
(1) It is the policy of the city to keep the identity of the complainant confidential unless there are compelling reasons to disclose such identity. If there are compelling reasons to disclose the identity of the complainant, then the complainant shall be asked if he/she wants his/her identity disclosed. If the complainant does not want his/her identity disclosed, then the identity of the complainant shall be kept confidential. Should the complainant wish to keep his/her identity confidential, and should it become impossible to process or investigate the complaint as a result of the complainant not disclosing his/her identity, then the complaint may be dismissed.
(2) Those persons who file complaints, who are witnesses or testify, or who investigate or decide on the cases, will be protected from retaliation for their actions. No city employee shall attempt to restrain, interfere with, coerce, discriminate or take reprisal action against the complainant(s) and their witness(es) during or after the presentation, processing and resolution of a complaint.
(C) Informal complaint resolution.
(1) The city shall provide an opportunity for a resolution of the complaint on an informal basis after the complaint has been filed.
(2) For the informal resolution of a complaint the Affirmative Action Officer shall act as a facilitator if the complainant wishes to resolve the matter short of a full investigation. The city shall request the person who is alleged to be discriminating to seek a solution of the matter on an informal basis, and to respond to the complainant within 20 working days.
(3) If the alleged discriminating employee chooses not to respond to the request for an informal complaint resolution, then a formal investigation will be conducted unless otherwise agreed to by the complainant and the Affirmative Action Officer.
(4) If the complainant is satisfied with the response to the request for an informal complaint resolution and an informal resolution of the complaint is arrived at, the terms of such resolution shall be reduced to writing and made a part of the complaint file. If the complainant is not satisfied with the response, then the Affirmative Action Officer shall proceed with the investigation.
(D) Investigation.
(1) The city shall complete an independent and impartial investigation of the complaint within 60 days of the date it was filed. In most cases the investigation will be conducted by the Affirmative Action Officer. In some cases the investigation may be conducted by an investigative team or outside consultant. The investigative team may consist of the Director of Human Resources, the Affirmative Action Officer and the legal counsel. In all cases the investigation shall be conducted in conjunction with the legal counsel and/or the Director of Human Resource consultation.
(2) The investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred and any policies and practices related to the situation. The investigation may include the review of various documents and information acquired during the investigation, which may include, but is not limited to, the response of the alleged discriminating employee, written or oral statements from witnesses, copies of or extracts from records, policy statements, or on site visits.
(E) Determination and appeal.
(1) After the investigation has been completed, the investigator shall inform the Mayor or designee of his/her determination of the complaint. The Mayor or designee shall inform the Affirmative Action Officer of the city’s position on such determination of the complaint. The Mayor or designee shall communicate in writing such determination of the complaint to the complainant within 20 days from the time the complaint is filed unless an extension is agreed to by both parties.
(2) After the complainant receives the written determination of the city’s position, the complainant may request a reconsideration of the city’s position. The reconsideration request must be filed within 20 working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant is not satisfied with the decision. The Mayor or designee will send the complainant a written acknowledgment within 20 days after receipt of the reconsideration request.
(3) The Mayor will select a panel of five consisting of no less than two Aldermen, and the Mayor to review the decision and respond to the complainant within 30 days on their determination.
(4) Nothing in this subchapter shall bar any person complaining of discrimination from asserting all rights and remedies available under the Illinois Human Rights Act and all federal laws relating to disability, human rights, civil rights and discrimination in the workplace.
(Ord. 9197, passed 10-25-2011)