Upon commencement of employment and at least once each year of employment, every employee shall receive a copy of this policy and a written summary or complete copy of Section 4.1 of the Public Officer Prohibit Activities Act (50 ILCS 105/4.1 - Retaliation against a whistleblower).
Definitions
The following words or phrases shall have the following definitions and meanings for the purpose of this Policy.
Improper governmental action means the following: 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
1. undertaken in violation of a federal, State, or unit of local government law or rule.
2. an abuse of authority.
3. violates the public's trust or expectation of his or her conduct.
4. is of substantial and specific danger to the public's health or safety; or
5. is a gross waste of public funds.
The action need not be within the scope of the employee's, elected officials, board member's, commission members, 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.
Retaliate, retaliation, or retaliatory action means 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 Section. "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.
Policy
lt is prohibited for a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee or contractor who:
1. reports an improper governmental action under this Section.
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.
The Village of Romeoville will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm.
Complaints
To be protected under this Policy, the employee shall make a written complaint of improper governmental action to the employee's Department Manager or the Human Resources Manager. An employee who believes he or she has been retaliated against in violation of this Policy must submit a written complaint to the employee's Department Manager or the Human Resources Manager within 60 days of gaining knowledge of the retaliatory action. If the Human Resources Manager are the individuals doing the improper governmental action, then a complaint may be submitted to the appropriate State's Attorney.
The employee must exercise sound judgement to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination.
Processing Complaints
If you submit a complaint under this Policy, it is not your responsibility to investigate further into the improper government action. Unless reported to the State's Attorney, all complaints submitted under this Policy will be investigated by the Human Resources Manager.
Complaints submitted shall be marked by the Department Manager or the Human Resources Manager with the date the complaint was received. A Department Manager that receives a complaint shall immediately forward the complaint to the Human Resources Manager. Insofar as possible, the confidentiality of the whistleblower will be maintained unless the employee waives confidentiality in writing. However, the identity may have to be disclosed to conduct a complete investigation, to comply with the law, and to provide accused individuals the ability to provide a defense. Reasonable measures may be taken to protect employees who reasonably believe they may be subject to bodily harm for reporting improper government action.
The Human Resources Manager shall investigate and coordinate with other necessary employees or officials to investigate and dispose of complaints of improper governmental action and/or retaliation. Alternatively, if the Human Resources Manager deems it appropriate, the Human Resources Manager may transfer the complaint to another auditing official for investigation, including but not limited to the appropriate State's Attorney. An investigation conducted by the Human Resources Manager may include but is not limited to interviews with the complainant employee, the individuals allegedly involved in the improper governmental action and/or retaliation, and any witnesses that may be witnesses to the information contained in the complaint. After the investigation is complete, the Human Resources Manager shall conclude whether improper governmental action or retaliation has taken place or whether the municipality, department, or any supervisory officials have hindered the investigation of the complaint, and if so, the Human Resources Manager shall give written notification to the Village Manager and any other individual or entity the Human Resources Manager deems necessary in the circumstances to take appropriate employment actions.
Employees with any questions regarding this policy should contact the Human Resources Manager.
50 ILCS 105/4.1
105/4.1. Retaliation against a whistleblower
§ 4.1. Retaliation against a whistleblower.
(a) It is prohibited for a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee or contractor who:
(1) reports an improper governmental action under this Section.
(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) To invoke the protections of this Section, an employee shall make a written report of improper governmental action to the appropriate auditing official. An employee who believes he or she has been retaliated against in violation of this Section 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 subsection may be submitted to any State's Attorney.
(c) Each auditing official shall establish written processes and procedures for managing complaints filed under this Section, and each auditing official shall investigate and dispose of reports of improper governmental action in accordance with these processes and procedures. If an auditing official concludes that an improper governmental action has taken place or concludes that the relevant unit of local government, department, agency, or supervisory officials have hindered the auditing official's investigation into the report, the auditing official shall notify in writing the chief executive of the unit of local government and any other individual or entity the auditing official deems necessary in the circumstances.
(d) An auditing official may transfer a report of improper governmental action to another auditing official for investigation if an auditing official deems it appropriate, including, but not limited to, the appropriate State's Attorney.
(e) 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.
(f) The following remedies are available to employees subjected to adverse actions for reporting improper government action:
(1) Auditing officials may reinstate, reimburse for lost wages or expenses incurred, promote, or provide some other form of restitution.
(2) In instances where an auditing official determines that restitution will not suffice, the auditing official may make his or her investigation findings available for the purposes of aiding in that employee or the employee's attorney's effort to make the employee whole.
(g) A person who engages in prohibited retaliatory action under subsection (a) 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) Every employee shall receive a written summary or a complete copy of this Section upon commencement of employment and at least once each year of employment. At the same time, the employee shall also receive a copy of the written processes and procedures for reporting improper governmental actions from the applicable auditing official.
(i) As used in this Section:
"Auditing official" means any elected, appointed, or hired individual, by whatever name, in a unit of local government whose duties are similar to, but not limited to, receiving, registering, and investigating complaints and information concerning misconduct, inefficiency, and waste within the unit of local government; 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 municipality. If a unit of local government does not have an "auditing official", the "auditing official" shall be a State's Attorney of the county in which the unit of local government is located within.
"Employee" means anyone employed by a unit of local government, 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 or not paid. "Employee" also includes persons who have been terminated because of any report or complaint submitted under this Section.
"Improper governmental action" means 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 officials, 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.
"Retaliate", "retaliation", or "retaliatory action" means 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 Section. "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 Section.
(Ord. 23-1853, passed 5-3-23)