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GENERAL PROVISIONS
§ 33.01 ILLINOIS MUNICIPAL RETIREMENT FUND.
   The city does hereby elect to participate in the Illinois Municipal Retirement Fund, effective January 1, 1972.
(Ord. 71-2, passed 11-8-1971)
§ 33.02 FREEDOM OF INFORMATION ACT; OPEN MEETING ACT.
   (A)   (1)   The following officers and employees of the city are hereby designated FOIA officers, and alternate FOIA officers of the city pursuant to 5 ILCS 140/3.5(a):
         (a)   City Clerk, primary FOIA officer;
         (b)   City Treasurer, first alternate FOIA officer; and
         (c)   Deputy City Clerk, second alternate FOIA officer.
      (2)   If the primary FOIA officer is absent from the city, or otherwise unable to perform the duties of FOIA officer, then the first alternate FOIA officer shall act as the FOIA officer. If both the primary FOIA officer and the first alternate FOIA officer are absent from the city, or are otherwise unable to perform the duties of the FOIA officer, then the second alternate FOIA officer shall act as the FOIA officer.
   (B)   All FOIA officers designated in division (A) above must complete the training offered by the Illinois Open Meetings Act, as required in 5 ILCS 120/1.05(a).
   (C)   The primary FOIA officer is authorized to develop and use the following in order to implement the FOIA for the city:
      (1)   Forms to utilize the FOIA: among the forms that the primary FOIA officer may establish include, but are not limited to, the following:
         (a)   Checklist;
         (b)   Request form;
         (c)   Notice of incomplete form;
         (d)   Supplemental information form;
         (e)   Notice of approval;
         (f)   Acknowledgment of inspection;
         (g)   Notice of extension of time;
         (h)   Request of extension of time;
         (i)   Extension agreement;
         (j)   Notice for meeting;
         (k)   Acknowledgment of narrowed request;
         (l)   General notice of denial/partial denial of request;
         (m)   Notice intent to deny; and
         (n)   Notice of denial/partial denial of request.
      (2)   Establish fees for copying and certification of FOIA request.
   (D)   In carrying out the provisions of division (C) above, the primary FOIA officer shall comply with the FOIA (5 ILCS 140/1 et seq.).
(Ord. 10-01, passed 1-20-2010)
§ 33.03 FEDERAL SURPLUS PROPERTY PROGRAM.
   The elected officials of the city consent and decree that the city is authorized to participate in the State of Illinois Federal Surplus Property Program, being 20 ILCS 430/0.01 et seq.
(Res. 13-04, passed 11-6-2013)
§ 33.04 PREVAILING WAGE RATE.
   The prevailing wage rate provisions are hereby adopted by reference and incorporated into this code as fully as if set out at length herein.
(Ord. 14-02, passed 6-4-2014; Ord. 15-03, passed 6-17-2015; Ord. 16-06, passed 6-15-2016; Ord. 17-04, passed 6-21-2017; Ord. 18-04, passed 6-6-2018)
§ 33.05 TRAVEL REIMBURSEMENT POLICY.
   The recitals set forth herein above shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
   (A)   Definitions.
      ENTERTAINMENT. Includes, but is not limited to, shows, amusements, theaters, circuses, sporting events, or any other place of public or private entertainment or amusement, unless ancillary to the purpose of the program or event.
      PUBLIC BUSINESS. Expenses incurred in the performance of a public purpose which is required or useful for the benefit of the city in order to carry out the responsibilities of city business.
      TRAVEL. Any expenditure directly incident to official travel by employees and officers of the city of Vienna or by wards or charges of the city involving reimbursement to travelers or direct payment to private agencies providing transportation or related services.
   (B)   The city shall provide reimbursement for eligible public business expenses incurred by city employees, appointed officials, and elected officials while traveling on public business. Prior to incurring any travel expenses for public business, registration information and/or projected travel expenses must be submitted to the employee's supervisor or City Council for verification of funds availability, justification for attendance, and approval.
   (C)   No reimbursement of travel, meal or lodging expenses incurred by a city employee, appointed official, or elected official shall be authorized unless the "Travel, Meal, and Lodging Expense Reimbursement Request Form", attached hereto and made a part hereof, has been submitted to and approved by the City Council. All reimbursements for travel, meals, and lodging expenses incurred by its employees while traveling on public business shall have sufficient budget appropriation in order to be approved. All documents and information submitted with the form shall be subject to disclosure under the Freedom of Information Act (5 ILCS 140/1 et seq).
   (D)   Reimbursable expenses.
      (1)   Registration fees. Registration fees for meetings, seminars, or conventions. Documentation is required including agenda if available.
      (2)   Transportation costs. The most economical mode of transportation shall be selected. Criteria to be considered include the length of the trip, travel time, and cost. Allowable transportation costs include:
         (a)   City vehicle. Actual expenses for gas, oil, repairs, and other operating expenses will be reimbursed upon presentation of receipts.
         (b)   Personal vehicle. Mileage reimbursement shall be in accordance with applicable IRS guidelines. Employees must submit actual beginning and ending odometer readings to substantiate mileage. Alternately, mileage may be substantiated by an internet mapping service which calculates the mileage by the most direct route possible.
         (c)   Air travel. Air travel shall be at the lowest available fare, and, if possible, planned in advance to take advantage of the most economical rates. Receipts are required.
         (d)   Other transportation costs. Rental of automobiles, taxis, or public transportation are reimbursed at cost with verification of receipts.
      (3)   Lodging. Reimbursement for lodging expenses shall be for the actual expenses incurred and shall only cover the minimum number of nights required for the event. The lodging shall be reasonable in accommodations and expense.
      (4)   Meals. Receipts must substantiate the cost of meals. Meals shall be reasonable in expense.
   (E)   Non-reimbursable expenses.
      (1)   The city shall not reimburse any city employee, appointed official, or elected official for any travel activities which would be considered entertainment. However, activities which would otherwise be considered entertainment, but which are ancillary to the purpose of the program or event, may be reimbursed in accordance with the provisions of this section.
      (2)   Expenses related to a traveling spouse or guests are not eligible for reimbursement.
      (3)   Alcohol is specifically excluded from reimbursement.
(Ord. 17-01, passed 2-1-2017)
POLICY PROHIBITING SEXUAL HARASSMENT
§ 33.20 PROHIBITION ON SEXUAL HARASSMENT.
   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 that affects individuals of all genders and sexual orientations. It is a policy of the city 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.
(Ord. 18-01, passed 1-4-2018)
§ 33.21 SEXUAL HARASSMENT DEFINED.
   This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., which currently defines SEXUAL HARASSMENT as:
   (A)   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 that 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 that 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)   Nonverbal: 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 web sites;
      (4)   Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault;
      (5)   Textual/electronic: SEXTING (electron-ically 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 web sites 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”.
(Ord. 18-01, passed 1-4-2018)
§ 33.22 PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT.
   (A)   An employee who either observes sexual harassment or believes herself or himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her or his position to the offending employee, and to her or 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 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 or 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.
         (a)   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 city administrator, or the chief executive officer of the municipality.
         (b)   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.
      (3)   Resolution outside the 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 180 days of the alleged incident(s), unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days.
   (C)   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.
   (D)   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.
(Ord. 18-01, passed 1-4-2018)
§ 33.23 PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS.
   (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 a reprimand, discharge, suspension, demotion, denial of a promotion or a transfer, or a 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 (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action, such as a reprimand, discharge, suspension, demotion, or a 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 (5 ILCS 430/5-5 et seq.).
   (E)   Pursuant to the Whistleblower Act (740 ILCS 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, pursuant to 740 ILCS 174/15(b), 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.
   (F)   According to the Illinois Human Rights Act (775 ILCS 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 or she has opposed that which he or she reasonably and in good faith believes to be sexual harassment in employment, because he or 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. The retaliation charge must be filed with the IDHR within 180 days of the alleged retaliation, or with the EEOC within 300 days of the alleged retaliation.
(Ord. 18-01, passed 1-4-2018)
§ 33.24 CONSEQUENCES OF SEXUAL HARASSMENT.
   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 agreements, any person, who violates this policy or the prohibition on sexual harassment contained in 5 ILCS 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.
(Ord. 18-01, passed 1-4-2018)
§ 33.25 CONSEQUENCES OF KNOWINGLY MAKING A FALSE REPORT .
   (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 that 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 (5 ILCS 430/5-5 et seq.) 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.
(Ord. 18-01, passed 1-4-2018)
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