ACTION REQUESTED:
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Communication from the City Manager and Director of Human Resources with a Request to ADOPT an ORDINANCE Approving the WHISTLEBLOWER PROTECTIONS POLICY.
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BACKGROUND:
Public Act 101-0652, known as the SAFE-T Act, adopted February 22, 2021, amended the Illinois Public Officer Prohibited Activities Act, 50 ILCS/105 et. seq. to add a new section 4.1 concerning “retaliation against a whistleblower.” The new statute provides protections for government employees and imposes new obligations on units of local government. They can be summarized as follows:
Local Government Obligations
• Each unit of local government must identify an “auditing official.” The auditing official can be an existing employee, hired consultant or appointed or elected official. If the local government does not designate an auditing official, the auditing official will be the local state’s attorney.
• The primary duties of the auditing official are: (1) receive complaints of prohibited retaliation against whistleblowers and improper governmental action, including violations of local, state or federal law; the gross waste of public funds; and actions that endanger the public health and safety or otherwise violate public trust; (2) establish written procedures for managing complaints; (3) investigate complaints of improper governmental action; (4) report findings of improper governmental actions or any interference with an investigation to the unit of local government’s Chief Executive Officer and any other agency, entity or person the auditing official deems necessary; and (5) determine the appropriate remedy if the auditing official determines there was prohibited retaliation.
• When hired, each employee must receive a summary of the Whistleblower Statute and the written processes and procedures and then at least once a year during employment.
Employee Protections
• Units of local government and their agents, representatives and employees are prohibited from retaliating against an employee who reports improper governmental action, cooperates with an investigation of improprieties or testifies in a proceeding or prosecution arising out of an improper governmental action. Retaliation includes and adverse charge in the employee’s employment status or the terms and conditions of employment such as denial of adequate staff, refusal to assign meaningful work, demotion, reduction in pay, reassignment or dismissal.
• An employee must file a written report of an improper governmental action or prohibited retaliation with the auditing official or, if the auditing official is the subject of the wrongdoing, the State’s Attorney.
• To the extent allowed by law, the local government must keep the identity of the whistleblowing employee confidential.
• If retaliated against, an employee may be reinstated, promoted, reimbursed for expenses or provided with lost wages or another form of restitution.
Penalties
A person who engages in prohibited retaliatory action in violation of the Whistleblower Statute is subject to one or more of the following penalties:
• A fine of not less than $500 and no more than $5,000; and
• Suspension without pay, demotion, discharge, or civil or criminal prosecution.
FINANCIAL IMPACT: Revenue neutral.
NEIGHBORHOOD CONCERNS: Not applicable.
IMPACT IF APPROVED: The City will be in compliance with the new section 4.1 of Public Officer Prohibited Activities Act, 50 ILCS/105 et, seq.
IMPACT IF DENIED: The City will not be in compliance with the new section 4.1 of Public Officer Prohibited Activities Act, 50 ILCS/105 et. seq.
ALTERNATIVES: Not applicable.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Grow employers and jobs.
DEPARTMENT: Legal