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.
(19) 
Violation of the County Smoking Policy.[1]
[1]
Editor's Note: See § 108-67.
(20) 
Violation of the County Drug and Alcohol Free Workplace Policy.[2]
[2]
Editor's Note: See § 108-68.
(21) 
Violation of County E-Mail or Internet Policy.[3]
[3]
Editor's Note: See § 108-76D.
(22) 
Violation of County Distracted Driving Policy.
[Added 5-16-2024]
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.
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.
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) 
As used in this section, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCES
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]
DRUGS AND ALCOHOL
The terms have their common meaning.
ILLEGAL DRUG/ILLEGAL DRUG USE
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.
OVER-THE-COUNTER DRUGS
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.
REASONABLE SUSPICION
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.
SUBSTANCE ABUSE PROFESSIONAL
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.
UNDER THE INFLUENCE
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.
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:
(a) 
Failing to provide adequate samples for testing without medical reason:
(b) 
Failing to show at the testing site when instructed;
(c) 
Engaging in conduct that obstructs the testing processes;
(d) 
Failing to comply with any of the procedures set forth in this policy.
(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.)
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.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARASSMENT
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:
(1) 
Sufficiently severe or pervasive; and
(2) 
Objectively offensive; and
(3) 
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
(4) 
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
(5) 
Has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
PROTECTED CLASSIFICATIONS
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.
SEXUAL HARASSMENT
Any unwelcome sexual advances, requests for sexual favors or any conduct of a sexual nature when:
(1) 
Submission of 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 such 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.
SEXUAL HARASSMENT BEHAVIOR - EXAMPLES
Conduct which may constitute sexual harassment includes:
(1) 
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.
(2) 
Nonverbal: Suggestive or insulting sounds (whistling, "catcalls," "smacking" or "kissing" noises), leering, obscene gestures, sexually suggestive bodily gestures.
(3) 
Visual/written: Displaying pictures, cartoons, posters, pinups, calendars, signs, notes or slogans of a sexual nature, viewing pornographic material or websites.
(4) 
Physical: Unwelcome touching, hugging or kissing, pinching, repeated brushing against the body, or any coerced sexual act, or actual assault.
(5) 
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.
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:
(1) 
One-on-one counseling.
(2) 
Oral reprimand or warning.
(3) 
Written reprimand or warning.
(4) 
Disciplinary suspension.
(5) 
Final action. Demotion or discharge is the final action.
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:
(a) 
Performance of the extra duties is completely voluntary;
(b) 
Performance of the extra duties is occasional and sporadic, and on a part-time basis; and
(c) 
Performance of the extra duties is in a different capacity from any capacity in which the employee is regularly employed.
(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) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COUNTY INFORMATION NETWORK
The network of computers and other electronic devices provided for the electronic transaction of County business.
ELECTRONIC MAIL
A facility for the transmission of messages within or outside the County organization that relies on the electronic transmission or receipt of digital information.
ENCRYPTION SOFTWARE
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.
GLOBAL COMMUNICATIONS FACILITY
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.
INFORMATION SERVICES
The Information Technologies Department.
(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.
(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.
[1]
Editor's Note: See also Ch. 37, Ethics.
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.
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.
[Added 5-16-2024]
A. 
Purpose. McLean County has a vital interest in maintaining a safe, healthy and efficient working environment for its employees. This includes a safe and appropriate environment while traveling on County business. Distracted driving is a serious safety risk, not only to the driver, but also to other occupants in the vehicle, other vehicles on the road and pedestrians. The purpose of this policy is to reduce the risks associated with distracted driving.
B. 
Scope. This policy shall apply to any employee:
(1) 
While driving a County-owned or leased vehicle; or
(2) 
While driving a personal vehicle while on County business.
C. 
Requirements. McLean County employees shall:
(1) 
Not use handheld or hands-free mobile electronic devices or voice features in vehicles while operating a motor vehicle.
(2) 
Turn on the "Do Not Disturb" feature on smartphones and other mobile devices. If the feature is not available, turn off or silence mobile devices to prevent distraction.
(3) 
Pull over to a safe place out of traffic lanes and put the vehicle in "Park" if a call or text message must be made.
(4) 
Program any global positioning system (GPS), music device, or dashboard/voice systems prior to departing. If adjustments are needed while driving, pull over to a safe place out of traffic lanes and put the vehicle in "Park" to make the appropriate adjustment.
(5) 
Employees driving on County business should also refrain from eating, drinking, reading, and other activities that may divert attention away from the task of driving.
D. 
Exceptions. This section does not apply to:
(1) 
A driver using a mobile device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation; or
(2) 
A law enforcement officer or operator of an emergency vehicle while performing his or her official duties.
E. 
Disciplinary action. Violations of this policy will be subject to the disciplinary process established in this chapter.