[Ord. No. 21-09-03-50, 9-7-2021]
A. It is the policy of the Mayor and City Council of the City of Le
Roy (City) to act in accordance with Illinois Public Act 101-652 generally,
and specifically Section 4.1 of the Public Officer Prohibited Activities
Act (Act).
B. It is the policy of the City to prohibit any official from retaliating
against any employee who: a) reports an improper governmental action,
b) cooperates in the investigation related to a report of an improper
governmental action, or c) testifies in a proceeding or prosecution
of an improper governmental action. An improper governmental action
is defined as follows.
1. "Improper governmental action" includes any action by a unit of local
government employee, an appointed member of a board, commission, or
committee, or an elected official of the unit of local government
that is undertaken in violation of federal, state, or unit of local
government law or rule; is an abuse of authority; violates the public's
trust or expectation of his or her conduct; is of substantial and
specific danger to the public's health or safety; or is a gross
waste of public funds.
2. "Improper governmental action" does not include a unit of local government
personnel actions, including, but not limited to, employee grievances,
complaints, appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, reemployment, performance evaluations,
reductions in pay, dismissals, suspensions, demotions, reprimands,
or violations of collective bargaining agreements, except to the extent
the actions amount to retaliation. Retaliation, in this context, means
retaliatory action that results from an employee's protected
activity of reporting improper governmental action or cooperating
in the investigation, proceeding or prosecution of a reported improper
governmental action.
C. Copies of this policy and procedure, along with a copy of Section
4.1 of Public Act 101-652, will be given to every employee upon hiring.
Additionally, these same documents will be furnished or made available
to all employees on an annual basis.
[Ord. No. 21-09-03-50, 9-7-2021]
A. If an employee believes that he/she has witnessed an improper governmental action, as defined in the policy above, the employee must submit a written report of the improper governmental action to the Auditing Official, which Auditing Official has been designated in §
1-10-5.
B. If an employee believes that he/she has been retaliated against for
reporting improper governmental action, or cooperating in the investigation
or procedure involving an improper governmental action, the employee
must report such alleged retaliation to the Auditing Official within
60 days of the retaliatory action taking place.
C. The Auditing Official may transfer the complaint to another Auditing
Official, including the State's Attorney, if he/she determines
that it is appropriate.
D. If the Auditing Official is also the subject of the complaint, the
complainant may file the complaint with any State's Attorney.
[Ord. No. 21-09-03-50, 9-7-2021]
A. The Auditing Official will keep the identity of the complainant confidential
to the extent allowed by law. The complainant may waive confidentiality
in writing on a form presented to the Auditing Official.
B. The Auditing Official shall investigate the complaint promptly and
thoroughly and conclude whether or not the evidence gathered through
such investigation warrants merit of a finding that either an improper
governmental action, or retaliation for filing such a complaint or
complying with such investigation, occurred or did not occur.
C. The investigation by the Auditing Official may include:
1. Interviews of the complainant and witnesses;
2. Interviews of governmental officials who may have knowledge about
the complaint or may be the subject of the complaint;
3. Inspection of documentation (in written, printed, or electronic format)
relevant to the complaint;
4. Taking any other appropriate measures to ensure that the complaint
has been thoroughly investigated;
5. Making a determination whether the complaint has merit or whether
the complaint does not have merit.
[Ord. No. 21-09-03-50, 9-7-2021]
A. If the Auditing Official determines that the complaint has no merit,
he/she can dismiss the complaint.
B. If the Auditing Official determines that the complaint has merit,
he/she may take remedial action on behalf of the complainant, including
reinstatement, reimbursement for lost wages or expenses, promotion,
or other remedial action that the Auditing Official deems appropriate.
The Auditing Official may also make his/her investigation findings
available to the complainant's attorney if the Auditing Official
finds that restitution is not sufficient.
C. Any person who engages in prohibited retaliation under Section 4.1
of Public Act 101-652 may also be subject to fines, appropriate employment
action, civil or criminal prosecution, or any combination of these
actions.
[Ord. No. 21-09-03-50, 9-7-2021]
The City designates the City Administrator to serve as the Auditing
Official of the City, with the duties and responsibilities set forth
in 50 ILCS 105/4.1 and this policy, and the City Clerk to serve as
the alternate Auditing Official in the event the City Administrator
is unable or unavailable to serve. In the event no one is designated
or the designated officials cannot act for any reason, then the local
State's Attorney shall act as the Auditing Official pursuant
to this policy.