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 re...
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