1-6-5: VILLAGE COLLECTOR:

   A.   Appointment: A village collector may be appointed by the village president with the advice and consent of the village board of trustees.

   B.   Powers And Duties: The village collector shall have all the powers and perform all the duties prescribed by statute. (Ord. 2000-5-15, 5-18-2000)

1-6-6: EQUAL EMPLOYMENT OPPORTUNITY:

   A.   For the purpose of this section, the term "minority" will refer to American Indians, Asians, Blacks, or Hispanics, or to such protected classes as youth, elderly, women, or persons with disabilities.

   B.   The village of Winfield hereby declares to uphold, defend, enforce, and advocate for all laws related to equal employment opportunity including, but not limited to, the following:

      1.   Title VI of the civil rights act of 1964 which prohibits discrimination in the participation in or benefits of programs or activities receiving federal financial assistance on the basis of race, color, or national origin.

      2.   Title VII of the civil rights act of 1964 which prohibits discrimination because of race, color, religion, sex or national origin in all employment practices including hiring, firing, promotions, compensation, and other terms, privileges and conditions of employment.

      3.   Title IX of the education amendments of 1972 which prohibits discrimination in federally assisted education programs.

      4.   The equal pay act of 1963 which covers all employees who are covered by the fair labor standards act. The act forbids pay differentials on the basis of sex.

      5.   The age discrimination act of 1967 which prohibits discrimination because of age against anyone between the ages of forty (40) and sixty five (65).

      6.   Federal executive order 11246 which requires every contract with federal financial assistance to contain a clause against discrimination because of race, color, religion, sex, or national origin.

      7.   Section 504 of the rehabilitation act of 1973 and DOL implementing regulations at 29 CFR 32 which prohibits any discrimination based on disability.

      8.   Section 188 of WIA and the U.S. DOL regulations at 29 CFR parts 31 and 32 which provide that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subject to discrimination on the basis of race, color, or national origin, under any program or activity receiving federal financial assistance from the department of labor.

      9.   Chapter 68, article I, section 17-19 of the Illinois constitution which prohibits discrimination based on race, color, creed, national ancestry, disability, and sex in the hiring and promotion practices of any employer.

      10.   The Americans with disabilities act of 1990 which prohibits any discrimination against qualified individuals with disabilities on the basis of their disability.

      11.   Illinois human rights act 1 which prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations.

   C.   The village of Winfield will assure nondiscriminatory employment practices in recruitment, recruitment advertising, employment, placement, layoff or termination, promotion, demotion or transfer, rate of pay or other forms of compensation and use of facilities.

   D.   The village of Winfield will not contract with other agencies, banks, businesses, vendors, etc., who practice or establish a pattern of discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military.

   E.   The village of Winfield will incorporate into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the secretary of labor or of any prior authority that remains in effect, which is paid in whole or in part with the aid of such financial assistance, the following "equal opportunity clause":

In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Act or the Rules and Regulations of the Department , the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows:

a)   That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, sexual orientation, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.

b)   That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.

c)   That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, sexual orientation, military status or an unfavorable discharge from military service.

d)   That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and the Department's Rules and Regulations. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and Rules and Regulations, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract.

e)   That he or she will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and the Department's Rules and Regulations.

f)   That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations.

g)   That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

   F.   The Village of Winfield assures that it will actively provide nondiscriminatory outreach, selection, and service to all individuals.

   G.   Efforts will be made to hire minority individuals for all job categories so that minority employment in all categories of the work force will represent a proportionate share of minority populations in the Village of Winfield as well as surrounding areas.

   H.   The Village of Winfield will provide accommodations to the best of its ability for employees with disabilities, contingent on budget and structural limitations.

   I.   All Village of Winfield employees are expected to adhere to the above policy and to work actively for its implementation both internally and in carrying out Village program activities.

   J.   The Village of Winfield designates the Village President and Village Board to carry out the EEO/AA plan. (Ord. 2013-01-04, 1-24-2013)

 

Notes

1	1. 775 ILCS 5.

1-6-7: ASSESSING AND DETERMINING CLAIMS UNDER THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT:

   A.   Purpose: The purpose of this section is to provide a fair and efficient method for determining the eligibility of a full-time employee for the benefits enumerated under PSEBA through an administrative process, including if necessary, an administrative hearing.

   B.   Definitions: For the purpose of this section, the following terms will have the following meanings. These definitions are derived from the Federal Public Health and Welfare Act, 42 USC section 3796b, which was enacted in 1944 and amended in 1984 to define, by inclusion or reference, the following terms:

    CATASTROPHIC INJURY: An injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.

   GAINFUL WORK: Full- or part-time activity that actually is compensated or commonly is compensated.

   INJURY: A traumatic physical wound (or a traumatized physical condition of the body) directly and proximately caused by external force (such as bullets, explosives, sharp instruments, blunt objects, or physical blows), chemicals, electricity, climatic conditions, infectious disease, radiation, virii, or bacteria, but does not include:

      1.   Any occupational disease; or

      2.   Any condition of the body caused or occasioned by stress or strain.

For use in this section, provisions containing the words "Mayor", "Commissioner", "Alderman" or "Village Council" also apply to the President, Trustee, Councilmember and Boards of Trustees so far as the provisions are applicable to them.

   C.   Application Procedure:

      1.   As noted by the Court in Englum, "while the [Act] contained substantive requirements for section 10 eligibility, the [Act] contained no procedural requirements for determining whether a former employee met the substantive criteria". ¶ 55. This section and the application procedure of this section establishes guidance on the proper procedural requirements for public safety officers seeking PSEBA benefits in the Village.

         a.   Public safety officers, or family member(s) of an injured or deceased public safety officer, (applicant) must file a full and complete PSEBA application in writing within thirty (30) days of filing a pension claim with the Village or within thirty (30) days of the date of the adoption of this section in the event that an applicant has filed for a pension or PSEBA claim prior to the date of adoption of this section, whichever is later, if the applicant is seeking an initial award of benefits under PSEBA. The Village shall notify applicant if the PSEBA application is incomplete and applicant shall have five (5) days to remedy their application. Failure to timely file the full and complete application shall result in a forfeiture of the benefits under PSEBA by failure to properly submit a complete application.

         b.   A complete PSEBA application includes the following:

            (1)   The name of the applicant, date of hire, detailed information regarding the incident, including information relating to how the injury was sustained in the line of duty (date, time, place, nature of injury and other factual circumstances surrounding the incident giving rise to said claim);

            (2)   The applicant's firsthand knowledge explaining, to the Village's satisfaction, how the injury/death directly resulted from:

               (A)   Response to fresh pursuit;

               (B)   Response to what is reasonably believed to be an emergency;

               (C)   An unlawful act perpetrated by another; or

               (D)   Participation during the investigation of a criminal act;

            (3)   A signed PSEBA medical authorization release which authorizes the collection of information related to the incident including, but not limited to, disability pension proceedings, worker's compensation records, and medical records and specifies the name and address for pertinent health care provider(s);

            (4)   A signed PSEBA general information release specifying the name and signature of the applicant or her/his authorized representative along with legal proof of said representation and name and signature of witness authorizing the collection of information pertinent to the incident review process;

            (5)   The name(s) of witnesses to the incident;

            (6)   The name(s) of witnesses the applicant intends to call at the PSEBA hearing;

            (7)   Information and supporting pension documentation filed with the appropriate Pension Board;

            (8)   Information supporting the PSEBA eligibility requirements; and

            (9)   Other sources of health insurance benefits currently enrolled in or received by the applicant and/or family members if the applicant is deceased.

         c.   The PSEBA application must be submitted to the Village Manager in its entirety.

         d.   The PSEBA application must be sworn and notarized to certify the truthfulness of the content of the information. A review of the application shall not occur until the application is complete.

         e.   On the date that the PSEBA application is deemed complete by the Village, the completed application shall then be submitted to the Village as the preliminary record, and a copy of the same shall be date stamped and provided to the applicant.

         f.   Upon receipt of a complete application for PSEBA benefits, the Village shall set the matter for an administrative hearing before a Hearing Officer to make a determination on whether to grant the applicant PSEBA benefits based on the result of the administrative hearing.

         g.   The applicant will be given written notice of the date for the scheduled administrative hearing to be served not less than ten (10) days prior to the commencement of the hearing. If the applicant, upon receiving written notice of the administrative hearing, cannot attend said date, the applicant must contact the Hearing Officer in writing within seven (7) days after being served. The Hearing Officer shall establish an alternative hearing date which is within thirty (30) days of the original hearing date. Failure to appear at the administrative hearing shall result in denial of PSEBA benefits.

   D.   Administrative Composition:

      1.   The administrative hearing shall be scheduled and conducted by a Hearing Officer whose authority and limitations are as follows:

         a.   Authority Of The Hearing Officer: The Hearing Officer shall have all of the authorities granted to her/him under common law relative to the conduct of an administrative hearing, including the authority to:

            (1)   Preside over Village hearings involving PSEBA;

            (2)   Administer oaths;

            (3)   Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA;

            (4)   Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives;

            (5)   Rule upon objections in the admissibility of evidence;

            (6)   Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and

            (7)   Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order.

         b.   Hearing Officer: The Village President, with the advice and consent of the Village Board, is hereby authorized to appoint a person to hold the position of Hearing Officer for each hearing on PSEBA benefits that shall come before this Village. In making said selection, the following information should be considered, at a minimum:

            (1)   The individual's ability to comply with the job description as set forth herein; and

            (2)   The individual must be an attorney licensed to practice law in the State of Illinois and have knowledge of and experience in Employment and Labor Law, general civil procedure, the Rules of Evidence and administrative practice.

   E.   Administrative Hearing:

      1.   The system of administrative hearings for the determination of eligibility for benefits under PSEBA shall be initiated either by the Village or by the applicant after the submission of a full and complete PSEBA application. An administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for benefits under PSEBA. If the applicant is found eligible, the benefits shall be consistent with the Act.

         a.   Record: The Village shall ensure that all hearings are attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter and a copy be provided to the applicant within twenty eight (28) days of the date of the administrative hearing.

         b.   Procedures: The Village and the applicant shall be entitled to representation by counsel at said administrative hearing and present witnesses, testimony and documents, may cross- examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.

         c.   Evidence: The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the Hearing Officer determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of her or his affairs. Such determination shall be in the sole discretion of the Hearing Officer. The Hearing Officer must state on the record her or his reason for that determination.

         d.   Final Determination: A written determination by the Hearing Officer of whether the petitioning applicant is eligible for the benefits under PSEBA shall constitute a final administrative determination for the purpose of judicial review under the common law writ of certiorari.

         e.   Burden Of Proof: At any administrative hearing, the applicant shall have the obligation and burden of proof to establish that the applicant is eligible and qualified to receive PSEBA benefits. The standard of proof in all hearings conducted under this section shall be by the preponderance of the evidence.

         f.   Administrative Records: All records pertaining to the administrative process shall be held in a separate file under the applicant's name with the Village.

   F.   Health Insurance Benefits:

      1.   Upon qualification for PSEBA benefits, the applicant shall be entitled to the Village's basic group health insurance plan. Basic group health insurance plan shall mean the lowest- cost plan available to the Village. The basic group health insurance plan may change from time to time. An applicant may choose to enroll in any other health insurance plan offered by the Village different from the basic group health insurance plan, but shall pay the difference in insurance premium between the Village's basic plan and the other plan. Failure of the PSEBA beneficiary to timely pay the premium's non-basic level coverage shall result in coverage in the basic plan. PSEBA benefits do not include benefits not provided under the Village's basic group health insurance plan such as, but not limited to, disability benefits, life insurance, dental or vision benefits, etc.

         a.   Open Enrollment: Individuals receiving benefits under PSEBA will only be able to change from one plan to another during the Village's open enrollment period.

         b.   Other Benefits: Health insurance benefits payable from any other source will reduce the benefits payable from the Village. Each applicant shall sign an affidavit attesting that the applicant is not eligible for insurance benefits from any other source, unless there is another source. If there is another source, the applicant shall notify the Village of that source no later than five (5) business days from that source becoming available to the applicant or the applicant's beneficiaries. The Village reserves the right on an annual basis to have the benefit recipient provide another affidavit affirming whether other health insurance is available or payable to the applicant, his/her spouse and/or his/her qualifying dependent children. The affidavit must be completed and returned to the Village within thirty (30) calendar days of written notice from the Village. If the recipient does not complete and return the affidavit within the time required, the Village shall give the recipient an additional written notice providing an additional fifteen (15) calendar days for the recipient to complete and return the affidavit. Failure to return the affidavit within the time required shall result in the recipient incurring responsibility for reimbursing the Village for premiums paid during the period the affidavit is due and not filed.

         c.   Disclosure Of Health Insurance Coverage: The applicant has an ongoing obligation and shall update health insurance coverage information provided and failure to do so may result in the denial of benefits and/or reimbursement to the Village for duplicate coverage. If duplicate coverage has been received by a PSEBA beneficiary, further PSEBA benefits will be denied until the Village has been fully reimbursed by the PSEBA beneficiary for what it would have been credited if it had known about other coverage.

         d.   Reimbursement: Receipt of health insurance benefits from other sources without notice to the Village shall require the applicant to reimburse the Village for the value of those benefits.

         e.   Medicare Eligibility: The applicant shall notify the Village when the applicant becomes Medicare eligible regardless of the status of the enrollment period, so the Village may assist with the transition to Medicare coverage and/or adjust health insurance benefits or PSEBA benefits accordingly.

   G.   Conflict Of Laws: Where the conditions imposed by any provisions of this section are more restrictive than comparable provisions imposed elsewhere in any other local law, ordinance, resolution, rule or regulation, the regulations of this section will govern. (Ord. 2019-03-06, 3-21-2019)

1-6-8: VILLAGE PERSONNEL POLICY:

The Village of Winfield is a non-home rule unit of local government and has the authority to adopt policies and regulations in order to protect the health, safety and welfare of the Village and its residents and employees. It has adopted a Personnel Manual which established certain benefits and privileges for employees of the village that it believes to be in the best interest of its residents. That Personnel Manual is herein adopted by reference as it may be updated from time to time by policies, resolutions or ordinances of the village. A copy may be found on file at the office of the Village Clerk. (Ord. 2024-03-04, 3-7-2024)