It is the purpose of this policy to attempt to provide a framework
for the proper conduct of County employees while on the job. It is
further intended that discipline, where justified, be meted out in
an equitable manner. Finally, it is intended that within very broad
and general guidelines, department heads and authorized supervisors
are responsible for the implementation of this policy within their
specific jurisdictional work areas.
A.
Work supervisors or department heads should be certain that new employees
are aware of existing work rules. This should be done during the employee's
initial orientation and should be repeated at the end of the evaluation
period.
B.
Employees will be provided with an Employee Handbook which will discuss
examples of inappropriate working behavior. In addition, department
heads or supervisors will discuss departmental rules with new employees
and periodically with all employees as the need arises.
C.
Employees are expected to follow the regulations set forth in the
personnel rules and directions of their supervisor. When an employee
fails to follow these rules or disobeys the supervisor, that employee
becomes subject to disciplinary action. Causes for reprimand, written
or verbal, demotion, suspension, or dismissal include, but are not
limited to, the following reasons.
D.
Unacceptable behavior. Any action that reflects discredit upon the
County or is a direct hindrance to the effective performance of the
departmental function shall be considered good cause for disciplinary
action. Common sense is the underlying basis of this work principle.
Examples of unacceptable behavior include:
(1)
Repeated tardiness.
(2)
Leaving duty prior to the end of the assigned shift.
(3)
Failure to complete duties as assigned.
(4)
Failure to request leave in the authorized manner.
(5)
Abuse of leave.
(6)
Discourtesy or disrespect to a member of the public, a coworker or
a County official.
(7)
Disadvantaging any individual, with respect to compensation, terms,
conditions or privileges of employment, because an employee uses lawful
products during nonworking hours.
(8)
Any safety violation.
(9)
Intoxication while on duty from alcohol or other substances.
(10)
Carrying a firearm other than by authorized personnel.
(11)
Failure to follow a specific order by a supervisor.
(12)
Willful damage to or destruction of County property and/or public
records.
(13)
Theft of County property and/or public records.
(14)
Acts, threats, or perceptions of violence toward any persons
while on duty.
(15)
Any form of unlawful harassment, particularly sexual harassment.
(16)
Willful misrepresentation or concealment of any fact requested
during the hiring process.
(17)
Gross misconduct other than items listed above.
(18)
Upon conviction of a felony involving moral turpitude.
E.
While this listing is not comprehensive, it is sufficient to demonstrate
the types of behavior that may indicate an improper attitude toward
the job. Depending on the level of contact with the public and job
functions, each department may find it necessary to develop and enforce
its own dress code and appearance policies, within reason.
[Amended 2-18-2020]
An authorized smoking area for employees and members of the
public for each County building will be designated by the Facilities
Manager with approval by the County Board. This authorized smoking
area does not permit smoking cannabis on the premises. Smoking, consuming,
or otherwise possessing cannabis products is not allowed on any County
property.
[Amended 2-18-2020]
In accordance with the Federal Drug-Free Workplace Act [41 U.S.C.
§ 8102 et seq. (2018)] and the Illinois Drug Free Workplace
Act [30 ILCS 580/1 et seq. (2018)], the following policy regarding
the illegal use of drugs or alcohol by McLean County employees shall
be distributed to all County employees and included in any orientation
of new employees.
A.
Purpose. The purpose of this policy is to provide a safe and productive
work environment that protects the safety, health, and well-being
of employees and other individuals in our workplace. Alcohol and drug
use and abuse pose a threat to the health and safety of employees
and to the security of our facilities and equipment. For these reasons,
McLean County is committed to the elimination of drug and/or alcohol
use and abuse in the workplace through the adoption of a zero-tolerance
drug- and alcohol-free workplace policy.
B.
Definitions.
(1)
The use of the term "drug" in this policy refers to both legal and
illegal controlled substances unless the legal use is pursuant to
instruction of a medical professional licensed to prescribe who has
been informed of the employee's job duties and has advised that the
substance use does not adversely affect the employee's ability to
safely perform his or her job. The term "drug" includes but is not
limited to cannabis, cocaine, heroin, opiates, PCP, and amphetamines.
(a)
While the County will not penalize a person solely for his or
her status as a qualifying patient under the Compassionate Care Act,
any employee who is registered as a qualifying patient is nevertheless
required to comply with this policy and is subject to discipline up
to and including discharge for violations of this policy.
(2)
CONTROLLED SUBSTANCES
DRUGS AND ALCOHOL
ILLEGAL DRUG/ILLEGAL DRUG USE
OVER-THE-COUNTER DRUGS
REASONABLE SUSPICION
SUBSTANCE ABUSE PROFESSIONAL
UNDER THE INFLUENCE
As used in this section, the following terms shall have the meanings
indicated:
All forms of narcotics, depressants, stimulants, hallucinogens,
and cannabis; the sale, purchase, transfer, use or possession of which
is prohibited or restricted by law. This includes, but is not limited
to, any drug or its immediate precursor classified in Schedules I
through V under the federal Controlled Substances Act.[1]
The terms have their common meaning.
Any drug which is unlawful for the person to use, possess,
or distribute under Illinois or federal law. "Illegal drug use" means
the actual or attempted possession, use, manufacture, or delivery
of an illegal drug, and the use of prescription or over-the-counter
drugs in amounts which exceed standard dosage or do not follow the
prescription.
Drugs which are generally available without a prescription
from a medical doctor and are limited to those drugs which are capable
of impairing the judgment or functioning of an employee to safely
perform his or her duties. It is the employee's responsibility to
determine whether any particular over-the-counter drug is safe for
use.
Having specific and articulable facts and inferences concerning
work performance, appearance, behavior, and other circumstances that
would lead a reasonable person to believe that the individual is or
has been under the influence of drugs or alcohol while on duty.
A licensed physician (medical doctor or doctor of osteopathy),
or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Alcoholism
and Drug Abuse Counselors Certification Commission) with knowledge
of and clinical experience in the diagnosis and treatment of alcohol-
and controlled-substances-related disorders.
A person is under the influence if the person's mental and
physical faculties are adversely affected to a noticeable or perceptible
degree by the use of alcohol or drugs. A person may be deemed "under
the influence" if the person tests positive for alcohol or drugs,
taking into account the totality of the circumstances.
[1]
Editor's Note: See 21 U.S.C. § 812.
C.
Scope.
(1)
This policy applies to all County employees, volunteers, elected
officials, appointed officials and interns. This policy also applies
to any individual who is conducting business for the County or conducting
business on the County's property.
(2)
This policy applies during all working hours, whenever conducting
County business, while on call, while on paid standby, while on or
in County property, while operating any vehicle while working, and
while conducting related work off site. This policy also applies during
meal periods or other breaks if an individual is expected to return
to work after the break.
(3)
Employees in safety-sensitive positions or governed under state or
federal laws, regulations or statutes may have further restrictions
regarding alcohol and drug use and should refer to Department policy
or applicable collective bargaining agreement.
(4)
The County does not intend to interfere in the lawful activities
conducted during the private lives of its volunteers, elected officials,
appointed officials, County employees and interns. However, the County
expects its volunteers, elected officials, appointed officials, employees
and interns to report to work in a condition to perform duties in
a safe, effective, and efficient manner.
(5)
The alcohol restrictions in this policy are not intended to apply
to social gatherings or community events where employees are not working
or are not expected to return to work.
D.
Prohibited activity. McLean County has a zero-tolerance policy toward
the consumption of alcohol or drugs in the workplace. The following
conduct is strictly prohibited and may subject an employee to immediate
discipline, up to and including termination.
(1)
The use, sale, purchase, manufacture, distribution, dispensation,
transfer, or possession of nonprescribed drugs, cannabis, controlled
substances, or alcohol is prohibited on County premises, and is cause
for immediate discharge. "County premises" includes all job sites,
land, property, buildings, structures, installations, parking lots,
machinery, vehicles, or means of transportation owned or managed by
or leased to County or otherwise being utilized for County business,
and private vehicles while parked or operated on County premises.
Any alcohol, cannabis, or illegal substances found on County premises
will be turned over to the appropriate law enforcement agency and
may result in criminal prosecution.
(2)
Employees are prohibited from working while impaired due to the consumption
of alcohol or drugs during work time, or during breaks. Any employee
violating this prohibition will be subject to disciplinary action
up to and including immediate discharge.
(3)
Employees must not operate machinery (e.g., motorized vehicles or
other heavy equipment) or handle weapons if they are impaired due
to the consumption of alcohol or a drug (including prescribed medicine
or cannabis), or if they are aware they have a medical condition which
may adversely affect their ability to perform such duties or that
may affect the safety of the employee, other employees, or the public.
Any employee who is unable to continue safely performing his/her job
duties should notify his/her supervisor of such impairment as soon
as the employee becomes aware of the situation. Any employee violating
this prohibition will be subject to disciplinary action up to and
including immediate discharge.
(4)
Under no circumstance may an employee operate an automobile (private,
rental, or County-owned) for business purposes while intoxicated or
under the influence of alcohol, any controlled substance, or cannabis,
even if outside of working hours. Any employee violating this prohibition
will be subject to disciplinary action up to and including immediate
discharge.
E.
Actions to be taken.
(1)
Reasonable suspicion. If there is a reasonable suspicion that a McLean
County employee is impaired by or involved in the use, sale, purchase,
manufacture, distribution, dispensation, transfer, or possession of
drugs or alcohol, the situation will be immediately investigated by
the department head, his or her designee, or immediate supervisor.
(2)
An employee will be considered to be impaired, and in violation of
County policy, when there is a good-faith belief that the employee
manifests specific, articulable symptoms while working that decrease
or lessen the employee's performance of the duties or tasks of the
employee's job position, including symptoms of the employee's speech,
physical dexterity, agility, coordination, demeanor, irrational or
unusual behavior, or negligence or carelessness in operating equipment
or machinery; disregard for the safety of the employee or others,
or involvement in any accident that results in serious damage to equipment
or property; disruption of a production process; or carelessness that
results in any injury to the employee or others. If an employee is
disciplined or discharged for being impaired by drugs or alcohol while
performing their job duties, the employee will be provided a reasonable
opportunity to contest the basis of the County's determination, but
any final decision will be made within the County's sole and exclusive
discretion.
(3)
An employee who is reasonably suspected of being impaired due to
the consumption of alcohol, cannabis or a controlled substance may
be required to take a medically approved test(s), to be given by authorized
personnel, to determine whether the County's Zero-Tolerance Drug and
Alcohol Policy has been violated. No employee shall refuse to submit
to a drug or alcohol test under this policy.
(4)
No employee shall report to work, attempt to report for work or remain
at work while impaired by alcohol or drugs.
(5)
If the investigator of the situation finds a McLean County employee
to be involved with the use, sale, purchase, manufacture, distribution,
dispensation, transfer, or possession of alcohol or drugs at the workplace,
while performing work for the County, or on County property, the employee
shall be subject to disciplinary action up to and including immediate
discharge.
(6)
The County reserves the right to inspect packages, bags, purses,
briefcases, desks, lockers, automobiles, physical premises, etc.,
where there is reasonable suspicion that illegal drugs or alcohol
may be present on County property. An employee's failure to cooperate
with an investigation may result in disciplinary action, including
but not limited to immediate discharge.
(7)
Any actions against an employee shall be in accordance with Article VIII of this chapter. The severity of the situation and appropriate corrective discipline shall be determined by the department head, his or her designee, or immediate supervisor in accordance with § 108-73A, Progressive discipline, of Article VIII of this chapter. In addition, any such situation that could involve a criminal offense shall be immediately reported to law enforcement independently of any action taken due to the individual's status as a County employee.
(8)
Any probationary employee, volunteer, or intern who violates this
policy shall be terminated immediately. Violations of any provision
of this policy by any individual who is conducting business for the
County while under contract with the County shall be cause for the
County to terminate the contract, unless the contractor elects to
take appropriate actions with the individual who violated this policy.
If an employee is subject to a collective bargaining agreement with
terms that differ from this policy, the collective bargaining agreement
is controlling.
F.
Conditions of employment.
(1)
As a condition of employment, a McLean County employee will:
(a)
Abide by the terms stated in this Zero-Tolerance Drug- and Alcohol-Free
Workplace Policy.
(b)
Provide written notification to his/her supervisor if he/she
is found guilty of, pleads guilty or no contest to, or is sentenced
for a violation of a criminal drug statute. A criminal drug statute
is a federal or state law, violation of which carries the possibility
of incarceration and which involves the use, manufacture, distribution,
dispensation, or possession of any controlled substance. The notification
must be within five calendar days of the event. The supervisor will
immediately notify the department head, who will notify County Administration.
When appropriate, federal agencies will be notified within 10 calendar
days. If Mclean County receives notice of a conviction of a violation
of a criminal drug statute, the County will take appropriate action
against such employee within 30 days of the notification, up to but
not limited to immediate discharge.
(c)
Participate in the McLean County Employee Assistance Program
as directed.
(2)
This policy will be construed in accordance with the Americans with
Disabilities Amendments Act ("ADAA").[2] Any employee who is in need of some form of reasonable
accommodation in order to assist him/her in the performance of his/her
essential job functions should notify their supervisor.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
G.
Employee Assistance Program.
(1)
The use of alcohol and drugs has serious consequences upon users,
their families and friends, including social, economic and personal
tragedies. The County supports employees voluntarily seeking help
for such problems before becoming subject to discipline and/or termination
under this and other policies. Any employee who requires assistance
to control his or her use of drugs and alcohol may confidentially
call the County's Employment Assistance Program at 1-800-433-7196
to make an appointment or seek assistance from their department head.
(2)
If appropriate, McLean County may require the employee to satisfactorily
participate in a drug abuse assistance or rehabilitation program approved
for such purposes by a federal, state, or local health, law enforcement,
or other appropriate agency. The County will assist the employee in
the selection of a drug and alcohol treatment center or rehabilitation
program.
H.
Confidentiality. All information received by the County, including
but not limited to drug test results, drug and alcohol dependencies
and legitimate medical explanations, shall be kept confidential to
the extent required by law and shall be maintained in secured files
separate from normal personnel files. Access to this information is
limited to those who have a legitimate need to know in compliance
with relevant laws, charges, claims, legal proceedings and management
policies.
I.
Training. Department heads and supervisors will be trained to identify
alcohol and controlled substances impairment.
[Added 2-18-2020]
A.
Purpose. These procedures comply with the McLean County Zero-Tolerance
Drug- and Alcohol-Free Workplace Policy and are implemented to ensure
all employees are free from the effects of drugs and alcohol and able
to perform their job functions. The purpose of these procedures shall
be achieved in such a manner as to not violate any established rights
of employees.
B.
Policy.
(1)
In accordance with McLean County Code § 108-68E(3), (Zero-Tolerance Drug- and Alcohol-Free Workplace Policy), an employee who is reasonably suspected of being impaired due to the consumption of alcohol, cannabis or a controlled substance may be required to take a medically approved test(s), to be given by authorized medical personnel, to assess whether the County's Zero-Tolerance Drug and Alcohol Policy has been violated. No employee shall refuse to submit to a drug or alcohol test under this policy.
(2)
No employee shall report to work, attempt to report for work
or remain at work while impaired by alcohol or drugs.
C.
Circumstances for testing.
(1)
Circumstances for testing shall be as follows:
(a)
Pre-employment testing. Applicants may be required to pass a
drug test upon acceptance of a formal offer of employment and before
beginning work. Positions governed by the Department of Transportation,
Federal Regulation 49 CFR Part 40, and other federally or State of
Illinois regulated safety-sensitive positions will require applicants
to test negative for illegal substances as well as cannabis. A positive
test will result in disqualification of further employment consideration.
Refusal to submit to testing will result in disqualification of further
employment consideration.
(b)
Reasonable suspicion testing. An employee must submit to testing
for alcohol and/or illegal drug use if his/her department head, supervisor,
or designated County representative has reasonable suspicion to believe
that the employee has violated the County's Zero-Tolerance Drug and
Alcohol Policy and requests a test. Reasonable suspicion must be based
upon specific observations, including symptoms of the employee's speech,
physical dexterity, agility, coordination, demeanor, irrational or
unusual behavior, or negligence or carelessness in operating equipment
or machinery; disregard for the safety of the employee or others,
or involvement in any accident that results in serious damage to equipment
or property; disruption of a production process; or carelessness that
results in any injury to the employee or others. The observations
supporting a reasonable suspicion finding may also include indications
of chronic use and withdrawal effects of a drug.
(c)
Random testing. Employees may be randomly drug tested for compliance
with the Zero-Tolerance Alcohol- and Drug-Free Workplace Policy. Employees
will be selected for testing using a computer-based random-number
generator which results in an equal probability that an employee from
the group of employees in a department will be tested.
(d)
Post-accident testing. Individuals covered by this policy that
are driving a motor vehicle or equipment involved in an accident while
on County time, or while driving a County vehicle, shall be tested
for alcohol, cannabis and controlled substances if there is a determination
of reasonable suspicion that the employee was under the influence;
or if the damage threshold consists of a fatality, serious physical
injury or property damage in excess of $10,000.
(e)
Return-to-work testing. Before returning to work, any employee
who has violated this policy must undergo a return-to-work test and
have results indicate no detectable level of alcohol or drugs.
(f)
Follow-up testing. Following a determination by a substance
abuse professional that an employee is in need of assistance, the
employee shall, upon returning to work, be subject to unannounced
follow-up alcohol and/or drug testing. The number and frequency of
such follow-up testing shall be as directed by the substance abuse
professional, but at a minimum shall consist of at least six tests
in the first 12 months following the employee's return to work. The
substance abuse professional may require follow-up testing for up
to 60 months from the employee's return to work.
(2)
While the County awaits the results of a drug and/or alcohol test pertaining to Subsection C(1)(b) and (d), the employee may be suspended without pay. In this situation, if the results of the test do not support a finding of impairment, the employee will be reimbursed for regular working time lost due to the suspension, and the record of the suspension will be purged from the employee's personnel file.
D.
Order to submit to testing. At the time an employee is ordered to
submit to testing as described in this procedure, the department head,
supervisor, or County-assigned designee shall provide the employee
with a written notice of the order, setting forth the objective facts
and reasonable inferences drawn from those facts which have formed
the basis of the order to test. The employee shall immediately comply
with the request for alcohol/drug testing and the test must be completed
within one hour of the request. Refusal to submit to such testing
will subject the employee to discipline, but the employee's taking
of the test shall not be construed as a waiver of any objection or
rights.
E.
Refusal to test.
(1)
A refusal to be tested shall be cause for immediate termination
or withdrawal of the offer of employment. A refusal is any conduct
that is inconsistent with complete cooperation to be tested and shall
include but is not limited to:
(2)
Any attempt to alter the integrity of the sample shall be cause
for immediate termination or withdrawal of the offer of employment.
F.
Method of testing.
(1)
All alcohol and drug testing will be done in compliance with
50 Ill. Adm. Code 9140, Alcohol and Drug Sample Collection and Testing.
Alcohol testing will be through a breath or saliva test conducted
by a certified professional chosen by the County. Drug testing will
be through a urine, saliva or blood test conducted by a certified
professional chosen by the County.
(2)
In conducting the testing authorized by this procedure, the
County shall:
(a)
Use certified staff, and/or a clinical laboratory or facility
that is licensed pursuant to the Illinois Clinical Laboratory Act
by the National Institute of Drug Abuse (NIDA);
(b)
Establish a chain-of-custody procedure for both sample collection
and testing that will ensure the integrity of the identity of each
sample and test result;
(c)
Collect a sufficient sample of the same bodily fluid or material
from an employee to allow for initial screening, a confirmatory test
and a sufficient amount to be set aside reserved for later testing
if requested;
(d)
Collect samples in such a manner as to ensure a high degree
of security for the sample and its freedom from adulteration;
(e)
Confirm any sample that tests positive in the initial screening
for drugs by testing the second portion of the same sample by gas
chromatography/mass spectrometry (GCMS) or an equivalent or better
scientifically accurate and accepted method that provides quantitative
data about the detected drug or drug metabolites;
(f)
Provide the employee tested with an opportunity to have the
additional sample tested by a clinical laboratory or hospital facility
of the employee's own choosing, at the employee's expense, provided
the employee makes such demand of the department head or designee
within 72 hours of receiving the results of the test;
(g)
Require the laboratory or facility report to the department
head that a blood or urine sample is positive only if both the initial
screening and the subsequent confirmatory test indicate the presence
of a substance;
(h)
Require with regard to alcohol testing, for the purpose of determining
whether or not the employee is under the influence of alcohol, that
a breathalyzer test be administered by qualified personnel conducted
in an area which affords privacy;
(i)
Provide each employee tested with a copy of all information
and reports received by the department head or designee in connection
with the testing and the results at no cost to the employee.
G.
Right to contest. If discipline results due to the suspicion or belief that the employee is under the influence or impaired by alcohol or drugs, including cannabis, the County will afford the employee a reasonable opportunity to contest the basis of the determination. (See Article X, § 108-85, Grievance policy.)
H.
Voluntary requests for assistance. The County will assist and support employees who voluntarily seek help for alcohol and/or drug problems before becoming subject to discipline or termination. Such employees may be allowed to use accrued paid time off, placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law. Such employees may be required to document they are successfully following prescribed treatment and to take and pass follow-up tests if they hold jobs that are safety-sensitive or that require driving or if they have violated this policy. (See Article VIII, § 108-68G, Employee Assistance Program.)
The County of McLean values its employees and citizens and the
County Board affirms its commitment to providing workplaces and facilities
that minimize the potential for violence. It is the intent of this
policy to ensure that everyone associated with McLean County, including
employees and the public, never feels threatened by any forms of violence.
McLean County has a zero-tolerance policy for violence, whether by
or toward employees. "Violence" shall include physically harming another,
shoving, pushing, harassing, intimidating, coercing, brandishing weapons,
and threatening or talking of engaging in those activities. It shall
also include acts, threats, intentions of harm, destruction, towards
self, others or property, and may be psychological as well as physical,
and the perception thereof.
A.
Disciplinary action. If it has been determined that an employee is
engaging in any form of violence in the workplace or threatening violence
in the workplace, the employee shall be terminated immediately. No
talk of or joking about violence will be tolerated. In cases of acts
or threats of violence by employees, the County endorses immediate
and definitive use of the disciplinary process outlined in this chapter,
resulting in termination of said employees. Criminal prosecution will
be pursued as appropriate, as well. The County also advocates a preventive
approach whereby merit system rules and regulations are fairly and
consistently administered, and where troubled employees receive guidance
and, if necessary, professional help.
B.
Responsibility.
(1)
The County Administrator's Office has overall responsibility for
maintaining this policy, administering workplace violence prevention
measures, and coordinating post-incident activities. The County Administrator's
Office will also identify resources that departments may use in developing
their training plans and workplace violence measures.
(2)
If elected department heads, or departments operated under the authority
of separate governing boards choose to adopt a different policy, they
are expected to provide a copy of it to the County Administrator's
Office.
(3)
Managers and supervisors shall make safety one of their highest concerns.
When made aware of a real or perceived threat of violence, management
shall conduct a thorough investigation, provide support for employees,
and take specific actions to help prevent all acts of violence. Management
is also responsible for documenting and reporting such incidences
to the respective department heads.
(4)
Employees shall report all acts and/or threats of violence to their
supervisors or department heads. Employees should learn to recognize
and respond to behaviors by potential perpetrators that may indicate
a risk of violence.
C.
Continual review. The County Administrator's Office shall develop
a method for receiving and reviewing reports of violence and threats
of violence. Information and data from such reports shall be utilized
to establish a continual improvement process for reducing the potential
for adverse outcomes associated with acts or threats of workplace
violence.
A.
In order to ensure the economic security and safety of McLean County
employees, an eligible employee will be granted unpaid leave for situations
when the employee has been subjected to domestic or sexual violence,
or in order to help a family or household member who is a victim of
domestic or sexual violence. In addition, victims of domestic or sexual
violence will be eligible for unemployment insurance and protection
from employment and insurance discrimination. Eligibility for such
protections is dependent upon the employee's ability to perform the
essential functions of his or her position but for being a victim
of domestic or sexual violence, and any requested accommodation must
not pose an undue hardship on the County's operations. Eligible employees
will be granted job-protected unpaid leave to conduct the following
activities during work hours:
(1)
To seek medical attention for, or recovering from, physical or psychological
injuries caused by domestic or sexual violence.
(2)
To obtain services from a victim services organization.
(3)
To obtain psychological or other counseling.
(4)
To participate in safety planning, to temporarily or permanently
relocate, or to take other actions to increase the safety of the employee
from future domestic or sexual violence or to ensure economic security.
(5)
To seek legal assistance or remedies to ensure the health and safety
of the employee, including preparing for or participating in any civil
or criminal legal proceeding related to or derived from domestic or
sexual violence.
B.
Employees are entitled to 12 workweeks of such leave during any twelve-month
period and are entitled to take leave upon at least 48 hours' notice
(where practicable). This allowance does not grant leave beyond the
12 weeks of FMLA leave provided. Sick, vacation, personal or FMLA
leave may be substituted for the unpaid leave provided under this
section.
C.
The department head shall require certification from the employee
that such leave is for a qualifying reason. Certification consists
of:
(1)
A sworn statement of the employee; and
(2)
Documentation.
(a)
One of the following:
[1]
Documentation from an employee, agent or volunteer of a victim
services organization, an attorney, a member of the clergy, or other
professional from whom the employee or the employee's family or household
member has sought assistance in addressing domestic or sexual violence
and the effects of violence;
[2]
A police or court record; or
[3]
Other corroborating evidence.
(b)
The department head shall keep such documentation in the strictest
of confidence.
D.
An employee who takes such leave is entitled to be restored to the
same or an equivalent position with equivalent benefits, pay and other
terms and conditions of employment. The employee shall retain all
benefits accrued prior to the date leave commences (including life
and health insurance, sick and vacation leave, educational benefits
and pensions), but the employee is not entitled to accrue seniority
or additional employment benefits during the leave. The employee is
also entitled to continued health insurance during any period of leave
on the same terms and conditions as if the employee remained continuously
employed. If an employee fails to return from leave, the County can
recover the premium the employer paid for health insurance, provided
the reasons the employee has not returned do not include the continuation,
recurrence, or onset of domestic or sexual violence or other circumstances
beyond the employee's control. The County may also require certification
of such reasons.
E.
According to VESSA, it is unlawful to interfere with an employee's
exercise of rights under the Act or to discriminate in employment
against an individual because:
(1)
The individual:
(a)
Is, or is perceived to be, a victim of domestic or sexual violence;
(b)
Has attended, participated in, prepared for, or requested leave
to attend, participate in, or prepare for a criminal or civil court
proceeding relating to an incident of domestic or sexual violence
of which the individual or a family or household member was a victim;
or
(c)
Requested an adjustment to a job, structure, workplace facility,
or work requirement, including a transfer, reassignment, or modified
schedule, leave, a changed telephone number or seating assignment,
installation of a lock, or implementation of a safety procedure in
response to actual or threatened domestic or sexual violence; or
(2)
The workplace is disrupted or threatened by the action of a person
whom the individual states has committed or threatened to commit domestic
or sexual violence against the individual or the individual's family
or household member.
[1]
Editor's Note: See 820 ILCS 180/1 et seq.
[Amended 2-18-2020]
A.
It is the policy of the McLean County government to provide to all
officials and employees a work environment free of harassment. McLean
County prohibits harassment based upon actual or perceived race, color,
religion, sex, pregnancy, disability, national origin, ancestry, age,
order of protection status, genetic information, marital status, disability,
sexual orientation including gender identity, unfavorable discharge
from the military or status as a protected veteran, as well as sexual
harassment. It is the right of all employees to work in an environment
free from harassment and the responsibility of all employees to refrain
from harassment. Harassment is inappropriate, offensive, and, in specific
cases, may be illegal and will not be tolerated by McLean County.
B.
HARASSMENT
(1)
(2)
(3)
(4)
(5)
PROTECTED CLASSIFICATIONS
SEXUAL HARASSMENT
(1)
(2)
(3)
SEXUAL HARASSMENT BEHAVIOR - EXAMPLES
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A form of discrimination and unwelcome conduct based on an
individual's status within a protected classification. The unwelcome
conduct may be verbal, nonverbal, visual, electronic or physical in
nature. This policy is violated when the unwelcome conduct is based
on one or more of the protected classifications (defined below), and
is either:
Sufficiently severe or pervasive; and
Objectively offensive; and
Unreasonably interferes with, denies, or limits a person's ability
to participate in or benefit from County programs or employment opportunities,
assessments, or status at the County; or
Is performed by a person having power or authority over another
in which submission to such conduct is made explicitly or implicitly
a term or condition of employment, employment opportunities, participation,
assessments, or status at the County; or
Has the purpose or effect of substantially interfering with
an individual's work performance or creating an intimidating, hostile,
or offensive working environment.
Race, color, religion, sex, pregnancy, disability, national
origin, ancestry, age, order of protection status, genetic information,
marital status, disability, sexual orientation, including gender identity,
unfavorable discharge from the military or status as a protected veteran.
Any unwelcome sexual advances, requests for sexual favors
or any conduct of a sexual nature when:
Submission of such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
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.
Conduct which may constitute sexual harassment includes:
Verbal: Sexually suggestive comments, insults, humor, or jokes
about sex, anatomy or gender traits, sexual propositions, threats
related to sexual conduct, repeated unwelcome requests for dates,
statements about other employees, even outside their presence, of
a sexual nature.
Nonverbal: Suggestive or insulting sounds (whistling, "catcalls,"
"smacking" or "kissing" noises), leering, obscene gestures, sexually
suggestive bodily gestures.
Visual/written: Displaying pictures, cartoons, posters, pinups,
calendars, signs, notes or slogans of a sexual nature, viewing pornographic
material or websites.
Physical: Unwelcome touching, hugging or kissing, pinching,
repeated brushing against the body, or any coerced sexual act, or
actual assault.
Electronic/textual: "Sexting" (electronically sending messages
with sexual content, including pictures and video), the use of sexually
explicit language, harassment, cyberstalking and threats via all forms
of electronic communication (email, text/picture/video messages, intranet/online
posting, instant messages and social network websites).
C.
Scope.
(1)
McLean County directs all employees and supervisory personnel within
McLean County to ensure that their workplaces are free of harassment.
Department heads and supervisory personnel shall be responsible for
supporting training on sexual, ethnic, racial, religious, age, and
disability-related harassment prevention and this harassment policy.
Department heads and supervisory personnel shall post and distribute
this policy, encourage employees to report harassment incidents, and
assure employees they do not have to endure a hostile or negative
work environment.
(2)
Each individual employee has the responsibility to refrain from harassment
in the workplace. An individual employee who harasses (including sexual
harassment) a fellow worker is liable for his/her individual conduct.
The harassing employee will be subject to disciplinary action up to
and including discharge in accordance with County policy or an applicable
collective bargaining agreement, as appropriate.
[Amended 12-19-2017; 2-18-2020]
A.
Reporting of complaint.
(1)
Employees of any County department or office who wish to register
a complaint of sexual harassment (or any form of harassment based
on actual or perceived race, color, religion, sex, pregnancy, disability,
national origin, ancestry, age, order of protection status, genetic
information, marital status, disability, sexual orientation, including
gender identity, unfavorable discharge from the military or status
as a protected veteran) in violation of this policy should deal with
the incident(s) as directly and firmly as possible by clearly communicating
the objectionable nature of the behavior to the offending person,
and his/her supervisor, and contacting the Office of the County Administrator
at admin@mcleancountyil.gov or (309) 888-5110. If the harasser is
the immediate supervisor, the complaint should be reported to the
next level of management and the Office of the County Administrator.
Individuals may also register a complaint with the County Ethics Officer,
the Illinois Inspector General or the Illinois Department of Human
Rights.
(2)
It is not necessary for sexual harassment to be directed at the person
making a complaint.
(3)
Individuals alleging violations of this policy should report the
alleged complaint immediately upon experiencing or learning of the
alleged complaint.
B.
Investigation of claims.
(1)
All allegations of harassment will be investigated thoroughly. The
facts will determine the response of the County to each allegation.
Substantiated acts of harassment will be met with appropriate disciplinary
action by the County up to and including termination. No reprisal
or retaliation against the employee reporting the allegation of harassment
will be tolerated. The reporting employee is entitled to whistleblower
protections under the State Officials and Employees Ethics Act, the
Whistleblower Act, and the Illinois Human Rights Act.[1]
[1]
Editor's Note: See, respectively, 5 ILCS 430/1-1 et seq.,
740 ILCS 174/1 et seq., and 775 ILCS 5/1-101 et seq.
(2)
County employees to whom a complaint is reported should immediately
report the alleged incident to the appropriate County office. Supervisory
employees who fail to report alleged or suspected violations of this
policy to the appropriate office in a timely manner may be subject
to disciplinary action, up to and including termination.
(3)
The Office of the County Administrator shall be responsible for receiving
and reviewing claims of discrimination as may be filed from time to
time by individuals who wish to have a particular policy or situation
reviewed for compliance. Should an individual feel he or she has been
discriminated against, that individual has the right to file a grievance
with the County.
C.
All complaints shall be made in writing, or may be recorded by someone
other than the complaining individual if he or she cannot write. Such
complaints shall be filed with the Office of the County Administrator.
D.
The complaint shall include the full name, address, and phone number
of the complaining individual and briefly state the nature of the
complaint or a description of the alleged violation and should include
date, time and place of violation. Written records such as letters,
notes, memos, texts, and telephone messages may be included.
E.
The complaint must be filed within 10 business days after the complainant
becomes aware of the alleged violation.
F.
The County Administrator shall be responsible for conducting or assigning
the investigation into the allegation. Said investigation shall include
evidence and statements from those associated with the allegation
and may include other documents or evidence as provided following
the filing of any complaint. Said investigation will afford all interested
persons and/or their representatives, if any, an opportunity to submit
evidence relevant to a complaint. All complaints, including anonymous
complaints, will be accepted and investigated; however, because of
the serious implications of sexual harassment charges and the difficulties
associated with their investigation and questions of credibility,
the claimant's willing cooperation is a vital component of an effective
inquiry and an appropriate outcome.
G.
A written determination as to the validity of the complaint and a
description of the resolution, if any, shall be issued by the Office
of the County Administrator and a copy forwarded to the complainant
no later than 60 days after its filing.
H.
The Office of the County Administrator shall maintain all records
of complaints and resolutions filed under this article relating to
all claims of discrimination with the County of McLean, if any, for
five years.
I.
The complainant may request a reconsideration of the written determination
made by the Office of the County Administrator. The request for same
shall be filed in writing with the Office of the County Administrator
no later than 15 days after written determination has been sent to
the complainant.
J.
The right of the person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's pursuit
of other remedies, such as filing of a complaint with the responsible
state or federal department or agency. Use of this grievance procedure
is not a prerequisite to the pursuit of other remedies. An employee
has the right to contact the Illinois Department of Human Rights (IDHR)
or the Equal Employment Opportunity Commission (EEOC) about filing
a formal complaint. 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. In addition, an appeal
process is available through the Illinois Human Rights Commission
(IHRC) after IDHR has completed its investigation of the complaint.
Where the employing entity has an effective harassment policy in place
and the complaining employee fails to take advantage of that policy
and allow the employer an opportunity to address the problem, such
an employee may, in certain cases, lose the right to further pursue
the claim against the employer. Contact information for IDHR, IHRC,
and EEOC is as follows:
|
Illinois Department of Human Rights (IDHR)
|
|
Chicago: 312-814-6200 or 800-662-3942
|
|
Chicago TTY: 866-740-3953
|
|
Springfield: 217-785-5100
|
|
Springfield TTY: 866-740-3953
|
|
Marion: 618-993-7463
|
|
Marion TTY: 866-740-3953
|
|
|
|
Illinois Human Rights Commission (IHRC)
|
|
Chicago: 312-814-6269
|
|
Chicago TTY: 312-814-4760
|
|
Springfield: 217-785-4350
|
|
Springfield TTY: 217-557-1500
|
|
|
|
United States Equal Employment Opportunity Commission (EEOC)
|
|
Chicago: 800-669-4000
|
|
Chicago TTY: 800-869-8001
|
K.
This policy and procedure shall be construed to protect the substantive
rights of interested persons to meet appropriate due process standards,
and to assure that the County of McLean complies with all state and
federal implementing regulations.
L.
False and frivolous complaints.
(1)
Any knowingly false claims regarding violations of the County's harassment policies shall be dealt with pursuant to the County's discipline procedure as found in § 108-73 of this Code.
(2)
False and frivolous complaints refer to cases where the accuser is
using a harassment complaint to accomplish some end other than stopping
harassment. It does not refer to charges made in good faith which
cannot be proven. Given the seriousness of the consequences for the
accused, a false and frivolous complaint is a severe offense that
can itself result in disciplinary action.
McLean County endeavors to follow a progressive discipline policy.
The supervisor and/or the department head has the discretion to select
the appropriate correction of unacceptable employee behavior. Progressive
discipline may include counseling (talking to the employee) and seeking
outside assistance. In instances where verbal discipline is not effective
or appropriate, an employee may receive written notification of reprimand,
suspension, demotion, and/or, ultimately, dismissal. Additionally,
if a department head has evidence or credible reason to believe that
an employee has engaged in some form of serious misconduct, the department
head may immediately place the employee on administrative leave with
pay, pending the outcome of an investigation into the suspected violation.
A.
Progressive discipline. Progressive discipline should follow a consistent
pattern and shall apply in both single and habitual cases of violation.
Steps in progressive discipline may include one or more of the following:
B.
Right to grieve adverse action. Employees who wish to challenge any disciplinary action may appeal through the grievance policy (see Article X).
C.
Two-year retention limit on disciplinary files. All written reprimands
on file will be removed if, for the two-year period following the
written statement, the employee remains in continuous active service,
does not commit any other acts of misconduct and receives performance
appraisals of satisfactory or better.
D.
Responsibility for documentation. Documentation concerning disciplinary
actions shall be placed in the department's personnel files. Employees
shall also be required to acknowledge receipt of any reprimand or
warnings by signing the disciplinary action form. It is not, however,
considered an acceptance of or agreement to the action taken.
No permanent full-time or part-time employee shall engage in
outside employment which is not compatible with the full and proper
discharge of duties and responsibilities of one's position or which
tends to impair the capacity to perform one's duties and responsibilities
in an acceptable manner. The County must assure that no conflict or
appearance thereof occurs, and that no unauthorized use of position
or County facilities or property takes place.
A.
Procedure. A full-time or part-time employee wishing to engage in
outside employment shall notify the department head of outside employment.
The department head shall evaluate the outside employment and determine
its compatibility with the employee's obligation for full discharge
of duties and responsibilities.
B.
Internal regulations.
(1)
To ensure compliance with the Fair Labor Standards Act, part-time
employment within the full-time employee's own department or within
another unit of County government is prohibited, except when all three
of the following conditions apply:
(2)
Any activities or duties that meet the aforementioned criteria are
not subject to overtime.
No County employee shall engage in political activities during
working hours. No County employee shall use his or her position or
the authority of his or her office to solicit contributions or any
other support of partisan political activities. No County employee
will be intimidated into supporting or contributing to partisan political
activities. Any violation of this rule is cause for suspension or
dismissal. Outside of working hours, there shall be no restriction
on political activities, except employees under federal grants covered
by the Hatch Act.
A.
Use of County equipment, supplies or tools.
(1)
Equipment, supplies or tools shall not be used for private or unauthorized
purposes.
(2)
Employees shall be responsible for the care and conservation of County
equipment, supplies or tools and shall promptly report accidents,
breakdowns or malfunctions of any unit in order that necessary repairs
may be made.
(3)
Pursuant to the City of Bloomington Fire Code, the Town of Normal
Fire Code and the NAFPA Code and because of the fire hazard to the
public, employees, and County property, employees are prohibited from
burning any open flame, including candles, in any County building
or facility.
B.
Other property. Employees are required to return all County property
or equipment in their possession upon separation from employment,
promotion and/or transfer to another department, leave of absence
or suspension.
C.
Use of County telephones. Employees shall limit the use of all personal
calls during work that interfere with their job or create a safety
issue. In addition, payment for any charges accrued to the County
telephones will be the employee's responsibility. Further information
is available on this policy in the County Auditor's Office.
D.
Acceptable use policy for electronic mail and global communications
facilities.
(1)
Purpose. The purpose of this policy shall be to set forth and encourage
the proper use of the electronic communications facilities provided
to the employees of McLean County. This policy shall also apply to
any other organization(s) or individual(s) that is granted use of
the facilities as the result of a written or oral intergovernmental
or contractual agreement.
(2)
COUNTY INFORMATION NETWORK
ELECTRONIC MAIL
ENCRYPTION SOFTWARE
GLOBAL COMMUNICATIONS FACILITY
INFORMATION SERVICES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The network of computers and other electronic devices provided
for the electronic transaction of County business.
A facility for the transmission of messages within or outside
the County organization that relies on the electronic transmission
or receipt of digital information.
Proprietary software that changes information from its native
state to an unrecognizable coded state which can only be returned
to its native state with special software.
Any facility that allows the interactive transmission of
data to or from locations outside the County organization. This definition
includes the Internet and other facilities accessed by modems attached
to the County Information Network.
The Information Technologies Department.
[Amended 2-17-2015]
(3)
Use.
(a)
The County Board desires that use of these facilities shall
be primarily for the transaction of County business. Use of these
facilities for personal purposes, unless specifically authorized by
the County Administrator for training purposes, shall be prohibited.
(b)
Use of these facilities for purposes that are illegal under
existing federal or state law shall be expressly prohibited.
(c)
The County Administrator may, from time to time, establish guidelines,
consistent with this policy, to ensure the effective and efficient
use of these facilities. These guidelines may include, but are not
limited to, limitations on time available and the global facilities
that can be accessed.
(d)
County employees who now have access to these facilities shall
indicate their acceptance and agreement to comply with this policy
in writing or their access may be terminated or suspended. Employees
wishing to have access shall be required to indicate their agreement
prior to being given access.
(e)
Use of encryption software must be specifically approved by
the County Administrator prior to using such software for the storage,
receipt or transmission of data.
(f)
An employee may encounter material that is offensive to him
or her during the use of global communications facilities. The County
assumes no liability or responsibility for such material since the
County has no control over the materials placed on the global network.
(4)
Monitoring.
[Amended 2-17-2015]
(a)
The County Administrator shall direct Information Technologies
to monitor the use of the facilities and report the amount of time
utilized to the County Administrator and/or the elected official or
appointed department head on a monthly basis.
(b)
At the direction of the County Administrator, Information Technologies
may electronically monitor use of these facilities by viewing material
stored on the County Information Network or any computer in use in
County facilities; or by directly viewing activity on the screen as
it occurs. Employees shall have no expectation of privacy in information
stored in County computers.
(5)
Enforcement.
(a)
The County Administrator shall report actual and/or suspected
violations to the elected official or appointed department head responsible
for the employee.
(b)
If an employee violates the policy, the County Administrator
may suspend and/or terminate the employee's access to the electronic
mail and global communications facility available on the County Information
Network.
(c)
Violation of this policy may result in disciplinary action pursuant
to this chapter.
E.
Use of County-owned vehicles. Employees allowed use of County-owned vehicles are to do so for County business only. Any employees who are assigned County vehicles for long-term/take-home use must report all mileage accrued on the vehicle for personal use. Further, detailed information and requirements regarding County vehicle usage is outlined in Chapter 43, Facilities and Equipment, Article II, County-Owned or Leased Vehicles.
A.
Except as otherwise authorized or provided by the Illinois Compiled
Statutes, a McLean County resolution or action of the McLean County
Board, no employee of the County shall have any substantial interest,
direct or indirect, or engage in any business transaction or professional
activity or incur any obligation of any nature which is in conflict
with the proper discharge of his or her duties in the public interest.
B.
No employee of the County shall use his or her position to secure
special privileges or exemptions, personally or for others. No employee
of the County shall directly or indirectly receive or agree to receive
any compensation, gift, reward or gratuity from any source except
McLean County, for any matter or proceeding connected with or related
to the duties of such employee. However, honoraria or expenses paid
for papers, talks, demonstrations or appearances made by employees
on their own time shall not be deemed as a violation of this section,
provided such activity is approved by the department head.
C.
Department heads must receive prior approval of the County Ethics
Officer to receive honoraria or expenses paid for papers, talks, demonstrations
or appearances made on their own time wherein they are acting or speaking
in their official capacity as an official of McLean County government.
No employee shall solicit or accept any gift from any prohibited source or in violation of any federal or state statute, rule, regulation or any ordinance or resolution. This ban applies to and includes spouses of, and immediate family living with, the employee. A detailed description of this policy can be found in Chapter 37, Ethics, of the McLean County Code.
[Amended 12-19-2017]
A.
All employees
are prohibited from directly or indirectly using or allowing the use
of official information obtained through, or in connection with, employment
with the County which has not been made available to the general public
for the furtherance of any private interest. Violation of this principle
is a serious matter and will result in immediate disciplinary action
as outlined in Section 10.80. Additionally, disclosure of any information
discussed and recorded in closed session held by the County Board,
and/or its committees is strictly prohibited. Violation of this provision
by any department head or employee of McLean County shall result in
disciplinary action taken pursuant to those outlined in Section 10.80
of this ordinance, collective bargaining agreement and/or other provision
that may be required under state law.
B.
All employees
having access to social security numbers in the course of performing
their duties must be trained to protect the confidentiality of those
numbers, pursuant to the Identity Protection Act (5 ILCS 179/1 et
seq).
(1)
Access
to information containing social security numbers shall be limited
to only those employees that are required to use or handle such information.
(2)
Employees
requesting social security numbers from individuals should request
that the numbers be provided in such a way that the numbers can be
easily redacted if required to be released as part of a public records
request.
(3)
When
requesting a social security number, employees shall provide a statement
of the purpose for which the agency is collecting and using the social
security number. A statement of purpose shall also be required upon
request of the individual assigned the social security number.
