ARTICLE I - PURPOSE
11-1‑1 PURPOSE. The purpose of the Employee Code is to implement and maintain a uniform system of employment within all departments of the Village and shall hereinafter be referred to as the "Code". The Code is designed to provide employees and management with information pertaining to the employment policies and procedures applicable to all Village employees.
All policies and procedures contained in this Code shall go into effect July 1, 2017, immediately upon passage by the Village Board and approved by the Mayor.
All employees shall be required to adhere to the policies and procedures as they are outlined in this Code.
Upon adoption by the Village Board, this Code shall be the nonexclusive policy of all departments of the Village concerning terms and/or conditions of employment.
In order to implement and carry out the express provisions and the intent of this Code, all Superintendents may pronounce policies consistent with this Code. A copy of any such policy shall be distributed to the Mayor and the Village Board.
Nothing in this Code shall in any way affect the Village's and Superintendent's right to develop and disseminate information concerning the operations of any department and employee's job functions, duties and job position description.
All employees shall sign the Employee Notification Letter found in Appendix “A” of this Chapter.
ARTICLE II ‑ GENERALLY
11-2‑1 DEFINITIONS. The following words shall have the following meanings when used in this Code:
(A) Employer. The term employer, as used in this Code, means the Village.
(B) Employee. The term employee, as used in this Code, means a person working as a volunteer or for remuneration for services rendered to the Village. For purposes of this Code, an Elected Official is not an employee whose personal rights are affected by the Code.
(C) Full-Time. Those employees scheduled to work a minimum of forty (40) hours per work week, or in the case of the Clerk/Collector thirty-five (35) hours per week, on a continuous basis. Full-time employees are eligible for overtime pay if required.
(D) Part-Time. Those employees scheduled to work less than forty (40) hours per work week on a continuous basis. Part-time employees are eligible for overtime pay.
(E) Department. The term department, as used in this Personnel Code, shall mean the governmental unit for whom the employee is directly working for and rendering services.
(F) Superintendent. The term Superintendent, as mentioned in this Code, means the one individual ultimately responsible for all operations of the department.
(G) Immediate Supervisor. The term immediate supervisor, as used in this Code, shall mean the individual to whom the employee shall immediately report and be responsible for his work. An immediate supervisor may be the Mayor or the Superintendent.
(H) Special Assignment, Professionals. Professionals and those employees hired for a specific project for a limited period and may include those hired to fill in summer vacations, illness and the like. Such employees are hired with the understanding that their employment is to terminate upon completion of the project or at the end of the period. Special Assignment may be either full-time or part-time as determined by the requirements of the job. Professional employees are not entitled to overtime and compensatory time, but are entitled to other benefits.
(I) Special Assignment, Nonprofessional. Nonprofessional employees are like the special assignment, professional employees except that nonprofessional are entitled to overtime and compensatory time, but not to benefits.
(J) Volunteers. Those individuals who accept on an unpaid basis various work assignments for any department. These individuals receive no wages or benefits.
ARTICLE III - PRE-EMPLOYMENT VERIFICATION POLICY
11-3-1 PRE-EMPLOYMENT VERIFICATION POLICY. This policy is intended to serve as a guide relating to the hiring of permanent full and part-time employees.
11-3-2 GENERAL POLICY. The Village has elected to institute a pre-employment verification process. Other information may also be gathered as part of the pre-employment verification process. Each employee is subject to a six (6) month probationary period and results of the pre-employment verification process may impact permanent employment. Results of this process will remain completely confidential.
11-3-3 REQUIRED VERIFICATIONS.
(A) Identity and Criminal Record Check. The Mayor or a person designated by the Mayor shall verify the personal identity of each employee with the Social Security Administration to ensure valid social security numbers. Criminal record checks shall also be reviewed by the corporate authorities.
(B) Motor Vehicle. A motor vehicle check is required for all employees who driving during working hours or drive municipal vehicles. This check includes the verification that the employee has a valid driver’s license and other accident and conviction history. Motor vehicle information shall be reviewed annually as long as the employee’s job duties include operating a motor vehicle.
11-3-4 OPTIONAL VERIFICATIONS.
(A) Employment. The Mayor or a person designated by the Mayor shall verify past employment at the request of the Village Board. All information on the application MUST be LEGIBLE. The following fields are required: Employer name, address, city, state and Start Date.
(B) Licenses, Certifications, Degrees.
(1) Education Verification. To verify education, the following fields shall be completed: College name, address, city and state and degree received.
(2) Transcript. If needed, applicant must provide directly from the institution.
(C) Certification Verification/Professional License. If needed, applicant shall provide a copy of a professional license so it may be verified.
(D) Credit Report. A credit report shall be required for all employees involved in accounting or cashiering functions. Other employment positions susceptible to collusion or fraudulent activities may also be considered as a basis for a credit report. These positions requiring a credit report shall be documented and shall be filed with the Village Clerk. A credit report may also be requested if an employee changes their job duties to a position that requires a credit check.
A credit report request requires the approval of the employee or potential employee. The Request, Consent and Authorization for Release of Personal Information and the Disclosure document (all three) must include their signature.
If available, please submit a job description to accompany the application and verification request.
ARTICLE IV ‑ HIRING POLICY
11-4‑1 REQUIREMENTS. Employment is based on each applicant's qualifications as compared with the requirements of the available position. Consideration is given to ability, experience, education, training and character.
No consideration shall be given to the applicant's political party affiliation or support in regard to any decisions on hiring, promotion, transfer, or recall.
11-4‑2 APPLICATION FORMS. Applications for positions with the Village shall be filed on forms furnished by the Village Clerk. All successful applicants shall produce an original social security card. The Superintendent may require certificates of competency, licenses, medical examinations, post‑offer medical examination, drug and alcohol tests, background investigations, references, police checks, motor vehicle reports/driving history, oral interviews, or other evidence of special qualifications. The Superintendent may reject applications of persons who are found to lack any of the requirements established for the position. The Mayor with the advice and consent of the Village Board shall appoint all employees. In considering applications of various individuals, length of service shall be used as a factor in the selection of applicants, but will not be considered the sole or even the predominant factor. No employee shall be hired and placed on the payroll and receive fringe benefits until all employment related forms, including but not limited to the employment application form, are filled out and forwarded to the Village Clerk.
11-4‑3 PROMOTIONS. Employees are encouraged to apply for job openings in higher classifications and will be considered for promotion for job openings upon written application. All full‑time employees may be considered for promotions. Probationary employees may apply, but do not have to be considered, depending upon the discretion of the Superintendent.
When an employee is promoted, the employee will be placed on probation. At the end of the probationary period, the employee's performance will be formally evaluated and one of the following actions shall be taken by the Village or Superintendent based upon employee's performance and conduct:
(A) The employee may assume the new position having successfully completed the probationary period.
(B) The probationary period may be extended.
(C) The employee may be demoted to a position commensurate with the employee's ability, if the lower position is available.
ARTICLE V - COMPENSATION
11-5-1 PAYCHECKS. Employees shall receive their paycheck on a biweekly basis. Employees shall work at least two (2) weeks before being paid, creating a two (2) week lag, which will be paid upon termination of employment. The paycheck actually issued will be for the preceding pay period.
11-5-2 COMPENSATION. The basic rate of pay shall be set forth by the Village Board.
11-5-3 OVERTIME. Overtime at one and one-half (1 1/2) times the regular rate of pay is available to employees working in excess of a forty (40) hour work period.
ARTICLE VI ‑ HOURS OF WORK
11-6‑1 WORK WEEK. The following shall be the parameters for the work week:
(A) Village Clerk/Collector. The work week for the Village Clerk/Collector shall be 8:00 A.M. through 4:00 P.M. Monday through Friday.
(B) Street Department. The work week for the employees of the Street Department shall be from 7:00 A.M. to 3:30 P.M. No person employed by the Street Department shall work for more than sixteen (16) hours in any twenty‑four (24) hour period.
(C) Water and Sewer Department. The work week for the employees of the Water Department shall be from 7:00 A.M. to 3:30 P.M.
(D) Continuous Operation. Whenever necessary, each Superintendent shall provide for the continuous operation of the Department.
(E) No work shall be performed at home, without prior approval of the Superintendent.
(F) Prior approval of immediate supervisors is necessary for any employee to work early or stay late to do work related activity.
11-6‑2 LUNCH. The following shall apply for lunches:
Lunch shall be for one (1) hour for the Village Clerk and thirty (30) minutes for the street and water and sewer departments.
Travel time to and from any eating place is included in the lunch period. The lunch break cannot be used for compensatory time or as a substitute for tardiness. Lunch periods may not be taken at the end of the day or in conjunction with a rest period unless the employee has obtained written approval from his or her immediate supervisor.
11-6‑3 TIME AND ATTENDANCE. Each Superintendent shall maintain accurate daily attendance records. An employee shall be at their places of work in accordance with the attendance rules. Tardiness or other abuse of regular attendance will not be tolerated. The attendance records will indicate information in order to properly pay employees for actual work performed. An employee shall have the right to review his attendance record on file in the department.
No one will be permitted to sign in or out for another employee.
An employee shall, whenever possible, provide advance notice of absence from work.
When Village offices and buildings are open, but inclement weather prevents employees from reaching the buildings, employees may account for such absences by using accrued time, such as vacation and compensatory time earned, or the employee may elect to be docked for time off. Sick leave may not be used to cover absence due to inclement weather.
11-6‑4 HOLIDAY PAY. All full‑time and salaried exempt employees shall have time off with full salary payment on the day designated as a holiday by the Village Board.
All full‑time employees covered by this Code, who are required to work on an official Holiday, shall receive a rate of one and one‑half (1 1/2) times the regular rate of pay for the hours work on such holiday. The Superintendent shall approve the use of time with pay.
The term "last schedule work day" means the employee's full day of work.
Employees cannot use vacation days or sick days in lieu of scheduled holidays.
To be eligible for holiday pay, the employee must work both the day before and the day after the holiday. The exception allows for absences for good cause that are approved by the Superintendent or Mayor. Samples of this exception include the holiday, the Superintendent or Mayor approving for good cause hospitalization the day before or the day after the holiday, and a Superintendent/Mayor approving for good cause an employee calling in sick the day before or the day after a holiday, and placing the call at the last minute. In each of these examples, the Superintendent or Mayor shall exercise judgment as to whether the sickness or hospitalization is for "good cause".
ARTICLE VII ‑ LEAVES
11-7‑1 VACATION PAY SCHEDULE. The following shall be the vacation benefits for full‑time employees:
One (1) week vacation after one (1) year employment.
Two (2) weeks’ vacation after two (2) years employment.
Three (3) weeks' vacation after ten (10) years employment.
Four (4) weeks' vacation after fifteen (15) years employment.
Vacation days must be taken in the year earned and are not accumulative and will not be bought back upon retirement.
11-7‑2 PAID HOLIDAYS.
(A) Martin Luther King Birthday.
(B) President’s Day.
(C) Good Friday - Noon
(D) Memorial Day.
(E) July 4th.
(F) Labor Day.
(G) Columbus Day.
(H) Veteran's Day.
(I) Thanksgiving Day plus following day.
(J) Christmas Eve.
(K) Christmas Day.
(L) New Year’s Eve – Noon
(M) New Year's Day.
(N) If a paid holiday falls on a full‑time employee's day off, that employee will entitled to the preceding or following day, to the holiday, off with eight (8) hours pay.
(O) If a full‑time employee works on a paid holiday those hours worked, which are scheduled, or unscheduled, will be paid at time and one‑half (1 1/2). The holiday will be paid at eight (8) hours straight time.
(P) If a full‑time employee must be called back to work, for an emergency situation, while on vacation or while taking a personal day, the vacation or personal day shall cease. That employee will be paid for the number of hours worked at their normal rate of pay. The employee's remaining vacation or personal time will be rescheduled.
(Subparagraph (J) amended by Ord. 2020-706, passed 02/10/2020.)
11-7-3 ADDITIONAL DAY OFF BENEFITS. Full-time employees shall be entitled Bereavement, Personal, Sick and Recuperation days as described in the following sections. These days shall be awarded beginning the first day of employment. New employees shall be granted these days prorated on the months remaining in the calendar year at their time of employment. Bereavement and Personal Days shall be taken in the current calendar year and shall not be cumulative.
11-7‑4 BEREAVEMENT PAY. Each employee will be allowed three (3) days off with pay when a death occurs to a member of their immediate family. These members include mother, father, sister, brother, wife, children, or stepchildren, stepfather, stepmother,
stepbrother, or stepsister, mother‑in‑law or father‑in‑law. These days must be workdays and they end at the day of the funeral, unless other arrangements are approved in advance.
11-7‑5 PERSONAL LEAVE. Each employee will be allowed to take off five (5) days each calendar year for personal reasons, and the employee will be paid his regular pay for these days. However, personal days must be taken each year or forfeited.
11-7‑6 SICK LEAVE.
(A) Each employee will be entitled to twelve (12) sick days per calendar year, accumulating one day per month, until a maximum of 240 unused, unpaid sick days has been accumulated, at which time there shall be no further accumulation at the rate of one sick day per month until the employee's total accumulated sick days falls below the 240 day maximum. Once the employee's accumulated balance falls under the 240 day maximum, the accumulation of one sick day per month shall be resumed, but the employee may not recoup any of those monthly sick days which did not accrue to him during the time period that the employee had accumulated the 240 sick day maximum. Sick leave may accumulate unencumbered up to the 240 day maximum, except as may be otherwise noted in this codebook or other village policy. However, upon the employee's employment being terminated for any reason, including but not limited to his retirement, voluntary termination, involuntary termination (firing) or employee death, reimbursement will not be made to the terminating employee for any of his accumulated unpaid, unused sick leave days, except, however, if the employee is retiring and is otherwise qualified for Illinois Municipal Retirement Fund retirement benefits, then the employee may convert his accumulated sick leave days to IMRF service credits pursuant to IMRF rules.
(Amended by Ord. # 2020-706, passed 02/10/2020)
(B) After three (3) consecutive days off due to illness, a doctor's verification shall be obtained and provided to the Village in order for the employee to be credited for the sick days utilized.
(C) [The contents of this subparagraph have been deleted.]
(Amended by Ord. # 2020-706, passed 02/10/2020)
(D) Each employee is entitled to up to three (3) weeks (fifteen (15) days) recuperation leave with pay for confinement under doctor's care, in the hospital or at home, following release from the hospital under doctor's care. This benefit can be used only after all sick days, vacation and personal days an employee is otherwise entitled to have been used. Request for recuperation leave must be supported by a doctor's written permission or authorization to receive approval. After this benefit is used there will be no more paid days off excluding paid holidays.
(E) Notification. The Superintendent shall establish notification requirements for taking sick leave.
The employee shall state the nature of the illness or injury, location of confinement and the telephone number where the employee can be reached. The employee must also state whether the absence is claimed to be from a previous injury sustained while on duty. Supervisors are to be kept informed daily, whenever possible, of the employee's condition. Upon return to work, employees will inform their supervisor or Superintendent as to the cause of illness and indicate whether a continuing impairment might have occurred.
(F) Resumation of Work. In order to continue active work assignments or to resume work after an illness or injury or disability, employees shall provide the department with a written physician's statement releasing employee to assume activities within their position responsibility if:
(1) Upon returning to work after prolonged illness for five (5) consecutive days or more;
(2) Upon returning to work from an extended leave of absence;
(3) After the employee has a potentially disabling illness, injury or condition; or
(4) Upon returning to work after a diagnosed communicable disease.
11-7‑7 ILLNESS OR INJURY AT WORK. Any employee who is ill or injured on the job shall immediately notify the Superintendent who may require the employee to be transported to a hospital for examination by a physician or surgeon.
For employees on an eight (8) hour work schedule, if an employee becomes ill while at work after the first two (2) hours of work, the employee shall lose one‑half (1/2) day of accumulated sick time. For employees on a twelve (12) hour work schedule, if an employee becomes ill at work after the first three (3) hours of work, the employee shall lose one‑half (1/2) day of accumulated sick time.
11-7‑8 MATERNITY AND REASONABLE ACCOMMODATION. Pregnancy shall be considered the same as any short-term disability, and request for pregnancy leave shall be made through the disability leave clause. Request for parental leave following child birth shall be made through the Leave of Absence clause, Section 11-7‑8(G), Family and Medical Leave Act.
If you are pregnant, recovering from childbirth, or have a condition related to pregnancy, you have the right to ask for a reasonable accommodation. This includes bathroom breaks, assistance with heavy lifting, a private space for expressing milk, or time off to recover from your pregnancy. For more information regarding your rights on Pregnancy in the Workplace, download the Illinois Department of Human Rights fact sheet at www.illinois.gov/dhr, or refer to the posted “Pregnancy Rights Notice.”
11-7‑9 LEAVE OF ABSENCE. No employee on leave of absence may earn vacation, or sick leave, except when the leave was for the purpose of accepting a temporary work assignment in another office.
All types of leave of absence do not earn vacations or sick leave while the employee is on leave of absence.
While the employee is on leave of absence, the length of service still continues to accumulate except for special leave situations under this Section (1) Special Leave, and for (7) Family and Medical Leave Act situations. Length of service is specifically prohibited from accumulating on Special Leave cases and on Family and Medical Leave Act situations. The prohibition on length of service accumulation is not contained in any other type of leave of absence situation. Therefore, the Code should be construed to allow accumulation of length of services while on leave of absence other than "special leave" and the "Family and Medical Leave Act".
Employee shall be granted an excused leave of absence for the following:
(A) Special Leave. All full‑time and salary exempt employees who have completed one (1) full year of continuous service may request a special leave. Special leave will only be granted for personal reasons, and must be approved by employee's Superintendent. Special leave shall be granted without pay. The period for special leave shall not exceed six (6) months. An extension may be granted up to a maximum of six (6) months for a total of one (1) year. In order to continue to receive medical and insurance benefits during a special leave, the employee shall contribute both the employee and the employer's share of IMRF and insurance costs. Length of service or benefits shall not accrue or accumulate during a special leave. A person either hired or promoted to fill the position vacated by the person on leave shall be considered in that position temporarily and shall relinquish it upon the employee's return.
If a special leave is approved by the Village Board, coverage under Illinois Municipal Retirement Fund may be maintained pursuant to IMRF rules and regulations. A request form for special leave is found in Appendix “E” at the conclusion of this Chapter.
(B) Military. Any full‑time, salaried exempt, or part‑time employee who is a member of a Reserve component of the Armed Services, the Illinois National Guard or the Illinois Naval Militia, shall be allowed annual leave with pay for fifteen (15) days and the Village shall pay the difference in salary and any additions or extensions thereof without pay as may be necessary for the employees to fulfill the military reserve obligation. Such leaves will be granted without loss of length of service or other accrued benefits.
In case of an emergency call up (or order to state active duty) by the Governor, the leave shall be granted for the duration of said emergency with pay and without loss of length of service or other accrued benefits.
Military earnings during the military reserve obligation or for the emergency call shall be submitted and assigned to the Village, and the Village shall return it to the payroll fund from which the employee's payroll check was drawn. If military pay exceeds the employee's earning for the period, the Village Board shall return the difference to the employee.
To be eligible for military reserve leave or emergency call up pay, the employee shall provide the Village with a certificate from the commanding officer of the employee's unit that the leave taken was for either such purpose.
Full‑time employees entering into military service as a result of voluntary enlistment, induction into the service by draft, or conscription will be afforded all of the privileges provided by the Illinois Compiled Statutes, Chapter 330, Section 60/1 et seq.
(C) Jury Duty. An employee shall be excused from work for days in which the employee serves on Jury Duty. The employee shall receive his regular pay for jury service. The employee shall present proof of jury service and the amount of pay received shall be turned over to the Village Treasurer. The employee shall also turn over to the Village any expense allowances paid by the court, if the jury duty is located at the County Courthouse. If an employee is given an early release from jury duty, the employee shall then report to his or her regular work assignment.
(D) Witness. An employee shall be excused from work when lawfully subpoenaed to serve as a witness. The employee must present written proof of the summons to testify to qualify for an excused absence. Notice to employee's supervisor should be made in advance of appearing in court. An employee's excused absence from work shall be on an unpaid basis, unless the employee's witness activity is work related and the witness activity is requested by the Village. The employee shall turn over to the Village any witness fee when the employee's witness activity is work related. The employee may choose to use a vacation day, if the witness activity is not work-related.
(E) Village Disability Leave. To be eligible for Village Disability Leave, the employee must submit to the Village Board a medical opinion that the employee cannot work in his normal job position, and a medical opinion that the employee may possibly be able to return to work within the next six (6) months. Employees are not eligible for disability benefits until they have been employed at least one (1) year. Employees may be required to use their accrued sick or vacation time to continue regular wages.
Employees shall submit a letter requesting disability leave to their Superintendent within a reasonable amount of time before disability leave is taken. Upon return to work, employees shall submit a release statement from their physician to the Superintendent. If the Superintendent has reason to believe that the employee is unable to perform the normal duties or the employee is able to perform duties and is still absent, they may seek and rely upon the decision of an impartial physician. The Village Board shall select a physician who is not a Village employee to act as an impartial physician.
(F) Educational Leave. The Village Board may grant an employee an educational leave of absence for the purpose of engaging in a training course. No educational leave may be granted unless in the judgment of the Village Board the training course would benefit the Village by improving the employee's qualifications to perform the duties of the employee's position or by qualifying the employee for advancement in rank or grade to another position in the Village service. Employee shall receive his regular pay during an education leave of absence for training courses when so authorized by the Village Board.
Employees may request an educational leave without pay to seek further professional training in specialty fields. Such leave may be up to ten (10) months in duration and requires the approval of the Village Board. An employee on education leave without pay does not accrue vacation or sick leave credit for the period of leave. When ready to return to work, the employee will be offered the first available full‑time position at the same job level the employee held prior to departing on educational leave without pay.
(G) Family and Medical Leave Act. An employee is eligible for a leave of absence through the Family and Medical Leave Act of 1993. In order to be eligible for leave, an employee must have worked for the employer at least twelve (12) months and must have worked at least one thousand two hundred fifty (1,250) hours over the previous twelve (12) months prior to the leave. Eligible female and male employees are allowed up to twelve (12) weeks of leave per twelve (12) month period following the birth of a child, the placement of a child for adoption or foster care, or the serious health condition of the employee or an immediate family member (defined for purposes of this Family and Medical Leave Act situation as including the employee's child, spouse or parent). The leave for birth or placement must take place within twelve (12) months of the birth or placement of the child.
The employee's leave shall be unpaid. The employee may, upon approval of the Village Board, use accumulated sick leave and/or vacation leave. During the leave, the Village shall continue to provide coverage under its group health plan. Following return upon leave, the employee shall be returned to a position with equivalent pay, benefits and other terms and conditions of employment.
In order to utilize leave of absence pursuant to the Family Medical Leave Act, the employee should give thirty (30) day notice.
For leave based upon serious health conditions, the employer may require certification from the employee's health care provider for leave. Employer reserves the right to require a second medical opinion at the employee's own expense. The request form is found in Appendix “D” at the conclusion of this Chapter.
(H) Expiration of Leave. When an employee returns from a leave of six (6) months or less, the Superintendent shall return the employee to the same or similar position in the same class in which the employee was incumbent prior to commencement of such leave.
An employee's same or similar position will not be protected for reductions in force or where the position has been eliminated. Employees are subject to termination if they are absent from work for more than six (6) months. No employee may be absent without permission of the supervisor to which assigned. In the absence of extenuating circumstances, an employee who is absent from work for any reason and fails to notify his or her supervisor within two (2) working days will be considered to have resigned.
No employee on leave of absence may earn vacation, or sick leave, except when the leave was for the purpose of accepting a temporary working assignment in another office.
ARTICLE VIII ‑ MISCELLANEOUS BENEFITS
11-8‑1 INSURANCE. Insurance will be provided on the following basis:
(A) Medical Care Insurance. All full‑time employees are offered a medical plan of which fifty percent (50%) is funded by the Village.
(B) Legal Defense and Liability Insurance. In any claim or action instituted against an employee, or former employee, where such claim or action arises out of any act or omission, made in good faith, occurring within the scope of employment of the employee, or former employee, the Village shall, upon written request of the employee or former employee, appear and defend the employee or former employee, against any such claim or action, including the process of appeal. The Village Attorney shall appear for and defend the employee. This Section excludes disciplinary proceedings or criminal proceedings.
(C) Other Insurance Types. All Village employees are additionally covered by the following:
(1) Social Security legislation and salary deductions shall be made for Social Security purposes in accordance with the law.
(2) Workers' Compensation Act, (820 ILCS Sec. 305/1 et seq.) Any work‑related injury or illness must be reported to the employee’s supervisor within twenty-four (24) hours of the injury or onset of illness.
(3) Unemployment Insurance, the costs of which shall be paid by the Village.
11-8‑2 TRAINING. For meetings and seminars, employees may be granted leave with pay to attend meetings, seminars and conventions of professional and technical organizations, when such attendance would benefit the employee's ability to perform the job, and is approved in advance by the Village Board.
For any training programs conducted after regular working hours, such training shall be voluntary unless arrangements for such training includes the granting of overtime.
All employees shall be reimbursed for mileage expenses incurred while attending assigned schools outside the County. Upon receipt of a notice to attend the training school, the employee will request the use of a departmental vehicle to transport those attending to and from school. If a departmental vehicle is not available, reimbursement shall be made for the employee's use of their personal vehicle. When two (2) or more persons attend the same school at the same time the Superintendent may require that only one (1) person will be eligible to receive reimbursement for travel. The rate of reimbursement shall be established by the Village Board.
11-8‑3 DEATH BENEFITS. Each employee shall fill out a designation of beneficiary form. Upon the death of an employee, the designated beneficiary shall be entitled to receive from the appropriation for personal services theretofore available for payment of the employee's compensation, such sums for any accrued vacation period to which the employee was entitled to at the time of death. Such payment shall be computed by multiplying the employee's daily rate of pay by the number of days of accrued vacation at the time of death.
Upon the death of an employee, the estate shall receive any unpaid compensation, accrued overtime, or other benefits the employee would have been allowed had the employee survived.
Family members of deceased employees should contact the Village Clerk's Office for explanation of any further benefits the family members or the estate of the deceased employee may be entitled to.
11-8‑4 TRAVEL. Staff vehicles are to be used only for activities directly related to the conduct of business. Under no circumstances are the vehicles to be used for personal activities. Reimbursement is provided for the use of employee's private vehicles for official business at the rate designated by the State of Illinois for actual mileage traveled. Private vehicles will only be used when Department vehicles are not available and prior approval is given by the Mayor. Use of staff vehicles are restricted to employees who have a valid drivers' license with current liability insurance. Employees are not permitted to use Village vehicles without the knowledge of their supervisor or Superintendent. All employees using staff or private vehicles must record mileage on the expense log along with the destination and purpose of the trip. The log is to be returned with the vehicle's keys. Expense claims for private vehicle usage will be honored only if the listed trip is initialed by the immediate supervisor. Any malfunctions or damages must be reported to the immediate supervisor. Travel in any vehicle will always be by the most direct route unless otherwise approved by the Mayor or Superintendent.
If the most economical means of travel available is by some type of transportation other than an automobile, the mode selected shall be approved by the employee’s supervisor and Mayor before departure. Travel by either airplane or train shall be by coach class.
Reimbursements for first class accommodations may be permitted only when coach class is not available.
Employees who take staff vehicles home are not considered on official business during the commute unless they must regularly perform duties during that commute.
11-8‑5 REIMBURSEMENT OF OTHER EXPENSES. An employee shall be allowed reimbursement for the actual cost of meals in accordance with these rules but not to exceed the rates indicated in the reimbursement schedule. It is not necessary to submit receipts when receiving per diem. It is necessary to submit receipts when receiving reimbursement for individual meals.
For breakfast, an employee only will receive reimbursement if the employee is on travel status and leaves headquarters or residence at or before 7:00 A.M.
For lunch, travel within fifty (50) miles of the Village is not reimbursed.
For dinner, an employee must be on travel status and arrive back at the headquarters or residence at or after 8:00 P.M. For employees commencing travel after the close of business but before 6:00 P.M., reimbursement for dinner is allowed.
Advance per diem checks must be requested a minimum of three (3) days in advance. A per diem allowance is available only when overnight lodging is obtained or when the travel assignment is eighteen (18) hours or more. A per diem allowance provided in the reimbursement schedule represents the maximum daily amount allowable and is given in lieu of a meal allowance. Receipts must be submitted to support allowances other than meals when on per diem.
(A) Reimbursement Schedule.
Automobile Mileage ‑ State of Illinois rate (Proof of automobile liability insurance is required to obtain automobile mileage reimbursement).
Per diem allowance/IRS per diem rate for various cities, as published in the GSA Publication (with receipts, per them allowance is $40.00).
Breakfast ‑ 20% of IRS published rate
Lunch ‑ 30% of IRS published rate
Dinner ‑ 50% of IRS published rate
If a conference fee includes a meal, the per diem allowance shall be reduced by the amount of the particular meal included in the reimbursement schedule.
In order to be reimbursed for business expenses, the employee shall submit an expense log. This log shall be signed by the employee submitting the expense claim and approved by the Mayor or Finance Committee. An expense log should be submitted to the accounts payable clerk and will be paid on the appropriate disbursement date. Liable expenses include but are not limited to meals, conference fees, hotel and motel accommodations, taxi fares, parking and toll fees. Personal expenses, such as personal phone calls, in‑room movies and bars, or other entertainment will not be reimbursed. Receipts must accompany travel requests for reimbursement.
Non‑reimbursable expenses include, but are not limited to, alcoholic beverages, personal entertainment, valet service, magazines and newspapers.
Gratuities shall be reimbursed to a maximum of fifteen percent (15%) except for those departments, programs, or projects which are prohibited by Federal or State rules or regulations from making reimbursements for gratuities.
Employees traveling overnight shall be reimbursed for one (1) phone call to their home phone number with a Five Dollar ($5.00) limit for the call. When a delay occurs in traveling, then the employee shall be reimbursed for one (1) additional phone call to their home phone with a Five Dollar ($5.00) limit for reimbursement.
11-8‑6 ILLINOIS MUNICIPAL RETIREMENT FUND. The Village will participate in contributions for all eligible employees to the Illinois Municipal Retirement Fund. The Village shall follow all guidelines of IMRF in order to protect the benefits of the employees.
ARTICLE IX ‑ REGULATIONS AND RESTRICTIONS
DIVISION I - GENERAL
11-9‑1 ACCIDENTS/INJURIES. Anytime an employee is involved in an automobile accident with a Village automobile or in a personal automobile while on Village business, the employee shall notify his or her Superintendent immediately with all pertinent information including whether personal injury is involved and whether any traffic citations were issued. All Superintendents shall within twenty‑four (24) hours notify the Village Attorney if any traffic citations were issued to a Village employee and shall provide the Village Attorney with a copy of the citations. An employee is obligated to cooperate with the Village and any of the Village's legal representatives regarding the accident and any citations that may have been issued.
11-9‑2 APPEARANCE. Neatness and good taste in dress, as well as care toward personal hygiene, are expected of all employees. For safety and hygienic purposes, employees may be required to comply with any appropriate dress code that is set forth by the Superintendent or Village Board during the performance of their duties.
Employees may be requested to change inappropriate dress, and work lost while doing so will not be compensated by the department. Employees may be evaluated on their dress and appearance. The Superintendent is the only individual of each department who may make exceptions to the dress code.
11-9‑3 USE OF DEPARTMENT PROPERTY. All department property and equipment entrusted to any employee will be used in accordance with the property's prescribed function. All damage through recklessness, gross negligence, intentional act, deliberate misuse, or theft shall be replaced and paid for by the employee committing the violation. Such replacement of property by the employee shall not be considered the exclusive remedy against the employee, and the employee may still be subject to discipline. All department property, personal lockers, and personal offices are subject to search and seizure. All department property shall be inspected by the employee's immediate supervisor prior to issuance of the property.
No department property shall be used for private or unauthorized purposes. All employees are required to return all department property or equipment in their possession upon separation, promotion, and/or transfer.
11-9‑4 TELEPHONE USAGE. Good telephone habits are an indication that the department is interested in serving the public. At all times, answer promptly and courteously. Identify yourself by name and section, be friendly and helpful. Write time and date of any message from the caller, transfer calls tactfully, give accurate information, do not keep the caller waiting and hang up carefully.
All personal telephone usage, including cellular telephones, whether incoming or outgoing, shall be kept to a minimum. Employees shall be charged and accountable for such usage. Employees shall also be responsible for the care of the cellular units to avoid
misplacement and theft. All pagers assigned to the employees shall remain “on” during working hours.
Employees shall keep incoming and outgoing personal calls to a minimum.
(See Division II for computer usage.)
11-9‑5 CORRESPONDENCE AND COMMUNICATIONS. No employee shall use their official position, engage in official transactions or business to harass any individual or to secure a benefit for himself or other individuals. Courtesy should be given in all communications and correspondence, and all employees should refrain from unnecessarily criticizing any individuals or agencies concerning official transactions or business.
11-9‑6 PHOTO I.D.'S. The Village Board may issue a photo I.D. card for employees. All employees who are issued a shield badge and/or photo I.D. are required to be in possession of the badge and/or photo I.D. on and off duty. Employees shall not use their shield or identification card for personal business or personal gain. If a shield or identification card is lost or stolen, it must be reported in writing to the Superintendent without delay.
11-9‑7 SPEECH AND DISSEMINATION OF INFORMATION. Employees are encouraged to appear before civic organizations, fraternal organizations or any other group in an official capacity. Employees shall notify the Superintendent prior to accepting such speaking engagements.
Employees are cautioned against making statements or giving impressions regarding official agency policy or position without prior expressed authority being granted. Normally, the Village Board has the sole right to adopt and interpret the policies of the organization. If in doubt, it is always preferable to consult the Superintendent before making any statements that might possibly be misinterpreted or misconstrued by the general public or press.
The Superintendent shall make all news releases concerning the department.
The Village shall comply with the Illinois Freedom of Information Act, and employees are allowed to disseminate information pursuant to the Act. However, employees are not allowed to disclose any information that is exempted by Illinois Freedom of Information Act or prevented from disclosure by any other state statutes. Employees who receive Freedom of Information Act requests shall notify the Mayor, who may consult with the Municipal Attorney to ensure timely compliance. (See Chapter 15 - Freedom of Information)
11-9‑8 RELATIONS WITH CREDITORS. The Village shall charge employees any authorized costs when making wage deduction pursuant to court order or State or Federal statutes.
11-9‑9 POSSESSION OF FIRE ARMS. Unless authorized by the Chief of Police, and unless authorized by the appropriate Superintendent, no employee of any department has legal authority to carry weapons while in the performance of their official duties.
11-9‑10 ETHICS. Employees shall not recommend or promote the sale of any specific brand name product or equipment.
Many employees in the course of their work have access to medical information about patients, clients, employees, or other individuals. This may be medical, legal or job related information. Such information is not to be repeated or discussed outside the department or with other personnel unless such information is a necessary part of the employee's assigned duty.
Employees shall inform the Superintendent or Mayor of any possible conflict of interest situations they may have.
Employees are prohibited from accepting gifts, gratuities, or any item of value for work performed on behalf of the Village. (See Chapter 1 - Ethics Code)
11-9‑11 OTHER EMPLOYMENT. Employees are prohibited from having conflicting employment while having a full‑time position. An employee may not be paid by another employer for the same forty (40) hour period employee is being paid by the department. If a full‑time employee performs outside services or employment, such services or employment shall be reported to the Superintendent for prior approval, and advance notification shall be given by the employee to the Village Clerk.
Fees earned by an employee for serving as an instructor for a class during other than normal working hours which is not sponsored by the Village in another village agency, shall be dealt with as follows:
(1) No overtime shall be earned and the fee retained, or;
(2) Overtime shall be earned and the fee surrendered to the Village Clerk and recorded as miscellaneous income.
Employees who are injured while engaging in other employment shall notify the Superintendent and the Village Clerk.
11-9‑12 PHYSICAL EXAMINATIONS. Each applicant for employment may be required to successfully complete a post‑offer physical examination by a doctor of the employer's choice, including a drug screen upon the request of the Village. At any time, employees may be required to submit to a physical examination. As a condition of their employment, the employees of the department shall authorize the release of medical testing information including drug screens to the Village for departmental use only.
Each employee authorized to carry and use a gun while at work for the Village, and all employees engaging in heavy manual labor as their principal form of job activity for the Village may be required to submit to an annual physical exam and/or drug screens by a doctor of the employer's choice.
Drug screens can be conducted on a random basis for any security personnel employed by the Village, except those under police personnel contract, for any employee authorized to carry and use a gun while performing work related activities for the Village and for any employee that is required to hold other than a Class A driver's license for work related purposes. For all other employees, drug screens shall be conducted upon probable cause.
The term "drug screens", as used throughout and disclose to the Superintendent, any drug or alcohol problem that the employee may currently have.
11-9‑13 REIMBURSEMENT OF COST OF TRAINING. If an employee leaves the department's employment before the completion of three (3) years from the initial date of employment, that employee will be liable for all costs incurred in the employee's selection, background investigation, equipment issue and training, prorated over a three (3) year period. Incurred training costs will be deducted from any remaining paychecks.
11-9‑14 PRESCRIPTION DRUG USE. Any employee who is taking prescription or over‑the‑counter drugs or medication which may impact on abilities to perform work shall report the use of the drugs or medications to the immediate supervisor, along with the name and address of any medical doctors prescribing the medication.
11-9-15 - 11-9-19 RESERVED.
DIVISION II - DRUG FREE WORKPLACE POLICY
11-9‑20 DRUG FREE WORKPLACE. All employees, as a condition of employment, shall comply with the Village's Drug Free Workplace Policy that is found in this Division.
11-9-21 PURPOSE OF POLICY. Drug abuse affects all aspects of our lives - it threatens the workplace as well as the home, the school, and the community. The Village must take a firm stance against illicit drug use. The use of drugs, which term for the purposes of this policy shall include alcohol in the workplace, is unacceptable since it can adversely affect health, safety, and productivity, as well as public confidence and trust. When drug use and/or involvement interferes with an employee's efficient and safe performance of work responsibilities and/or reduces the employee's dependability and accountability, it creates a problem for the whole organization.
Drug abuse inflicts notable human expense. Personal tragedies, feelings of anxiety and depression, and diminishing coping skills are reflected on an individual level. Dysfunctional and strained relationships mark the heavy burden felt by the families of the drug and alcohol abuser.
The cost of drug abuse, both on a personal and organizational level, is unacceptable. The rising incidence in substance abuse makes it imperative that the Village combat this issue by implementing a zero tolerance policy of drug use in the workplace.
11-9-22 DRUG FREE WORKPLACE STATEMENT. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the workplace. Controlled substance means a controlled substance as defined in the Illinois Controlled Substances Act or cannabis as defined in the Cannabis Control Act. Disciplinary action, up to and including dismissal can be taken against employees for drug violations.
All employees will, as a condition of employment:
(A) Agree not to manufacture, distribute, dispense, or possess controlled substances or alcohol in the workplace.
(B) Notify their respective Superintendent of any arrest or conviction of any local, state or federal criminal drug statute no later than twenty-four (24) hours after such arrest or conviction.
(C) Abide by the conditions set forth in this statement.
(A) Employees are subject to discipline, including discharge for violation of the above policy.
(B) Require the satisfactory participation and completion of a State licensed drug rehabilitation program, as sanctioned by the employer.
(C) The Village shall notify the appropriate State Agency from which grant funds were received of the employee's conviction within ten (10) days after receiving notice from an employee of any criminal drug statute conviction for a violation in the workplace.
11-9-24 EMPLOYEE ASSISTANCE. A referral network to assist those who may be experiencing problems with drugs and/or alcohol will be established for all Village employees.
11-9-25 STATUS OF EMPLOYMENT; REHAB COSTS. There is no requirement by the employer to keep an employee on active employment status who is receiving rehabilitative treatment if it is determined that the employee's current use of drugs prevents the individual from performing work related duties or whose continuance on active status could constitute a threat to the property and/or safety of others. The employee shall pay for all costs of rehabilitation. The employee may use accumulated paid leave, and take unpaid leave pending treatment, at the discretion of the employer, and so long as the employee advised the Superintendent of use or abuse of drugs prior to occurrence of reasonable suspicion.
11-9-26 - 11-9-29 RESERVED.
DIVISION III - COMPUTER USAGE POLICY
11-9-30 COMPUTER USAGE PROCEDURE. Routinely all personnel will have access to a computer. The following procedures must be adhered to:
(A) All employees will only use the “Log-in ID”, “User ID” and “Passwords” assigned to them, i.e. use of a supervisor “User ID” and “Passwords” by a line officer is prohibited unless authorized by the Administration. Use is a privilege, not a right, which may be suspended or terminated by Mayor when, in his/her judgment, this policy has been violated by the user.
No employee is authorized to share their “password” with anyone except the Supervisor assigned to overlook all passwords in the department.
(B) It is not permissible to use village computers and equipment in any inappropriate manner, such as to disgrace the department or a fellow employee. It is forbidden to use profanity or vulgar language on any department computer equipment.
(C) Only floppy disks which are requisitioned from the storerooms and the data processing department are authorized to be used in department computers. No outside floppy disks will be authorized to be used except with permission from Administration.
(D) No employee shall be allowed to do personal work at his or her village computer. This is with or without the use of any floppy disk.
(E) No employee shall be allowed to copy any village or department document to a floppy disk and use it outside the office without permission from Administration.
(F) No employee shall be allowed to have any unauthorized programs, utilities, games or files on their village PC.
(G) Any variance from the above procedures shall have prior Administration permission.
Information and data maintained in the electronic media on village computer system are protected by the same laws and policies, and are subject to the same limitations, as information and communications in other media. Said information and data are the property of the Village.
Before storing or sending confidential or personal information, users should understand that most materials on Village system are, by definition, public records. As such, they are subject to laws and policies that may compel the Village to disclose them. The privacy of the materials kept in electronic data storage and electronic mail is neither a right nor is it guaranteed.
11-9-31 - 11-9-34 RESERVED.
DIVISION IV - ELECTRONIC COMMUNICATIONS
11-9-35 POLICY; INTRODUCTION/PURPOSE. This policy is intended to serve as a guide on the proper use of the municipal electronic communication systems. This policy covers the use of all forms of electronic communications, including but not limited to e-mail, voice mail, fax machines, external bulletin boards, Intranet and the Internet, and applies to all users. Users are expected to read, understand and follow the provisions of this policy and will be held responsible for knowing its contents. Use of the electronic communication system constitutes acceptance of this policy and its requirements.
The Village provides electronic mail (e-mail) and/or Internet access to Elected Officials and Staff who need it to perform the functions of their position. The purpose of this document is to communicate to all personnel their responsibility for acceptable use of the Internet and e-mail (whether sent over the Internet or over the Village’s own network). Policies and procedures are also outlined for the disclosure and monitoring of the contents of e-mail messages stored in the system when required.
The Village’s objectives for Employees to use e-mail and/or the Internet include:
(A) exchanging information more efficiently than by telephone or written memorandum;
(B) gathering information and performing research for departments; and
(C) reducing the handling of paper copy.
11-9-36 POLICY DEFINITIONS. As used in this Policy, the terms listed below shall be defined as follows:
(A) Electronic Mail (E-Mail). Electronic mail may include non-interactive communication of text, data, image, or voice messages between a sender and designated recipient(s) by systems utilizing telecommunications links. It may also include correspondence transmitted and stored electronically using software facilities called “mail”, “facsimile”, “messaging” systems or voice messages transmitted and stored for later retrieval from a computer system.
(B) Encryption Software. Proprietary software that changes information from its native state to an unrecognizable coded state that can only be returned to its native state with special software.
(C) Internet. A worldwide network of networks, connecting informational networks communicating through a common communications language or “Protocol”.
(D) Intranet. An in-house web site that serves the users of the Village. Although Intranet pages may link to the Internet, an Intranet is not a site accessed by the general public.
(E) World Wide Web. An Internet client-server distributed information and retrieval system based upon hypertext transfer protocol (http) that transfers hypertext documents that can contain text, graphics, audio, video, and other multimedia file types across a varied array of computer systems.
(F) Users. Elected Officials, Department Heads, Employees, Volunteers, Contractors and Consultants.
(G) Firewall. An electronic device used to protect private networks from unauthorized access from users on the Internet.
11-9-37 OWNERSHIP. The electronic communication system is the property of the Village. All computer equipment, computer hardware and computer software provided by the Village are the property of the Village. All communications and information transmitted by, received from, or stored in these systems are the property of the Village.
11-9-38 USE OF ELECTRONIC COMMUNICATIONS. The Village’s electronic communications systems, including e-mail and the Internet, are intended for Village business use only. Personal uses of the Internet and e-mail systems are prohibited. The Village reserves the right to use filtering software to block access to Internet sites that are considered inappropriate or non-productive. The filtered sites shall be reviewed and approved by the Mayor.
Before using these systems, all users shall understand that any information that is created, sent, received, accessed or stored in these systems shall be the property of the Village and shall not be private. If a User is permitted to use electronic communication systems, such use shall not violate any section of this policy or interfere with user’s work performance.
Users shall use the same care and discretion when writing e-mail and other electronic communications as they would with any formal written communication. Any messages or information sent by users to other individuals via electronic communication systems, such as the Internet or e-mail, are statements identifiable and attributable to the Village. Consequently, all electronic communications sent by users shall be professional and comply with this policy.
11-9-39 PROHIBITED COMMUNICATIONS. Under no circumstances may any user operate the Village’s electronic communications systems for creating, possessing, uploading, downloading, accessing, transmitting or distributing material that is illegal, sexually explicit, discriminatory, defamatory or interferes with the productivity of coworkers. Specifically prohibited communications include, but are not limited to, communications that promote or transact the following: illegal activities; outside business interests; malicious use; personal activities (including chat rooms); jokes; political causes; football pools or other sorts of gambling; recreational games; the creation or distribution of chain letters; list servers for non-work purposes; “spams” (mailing to a large number of people that contain unwanted solicitations or information); sexual or any other form of harassment; discrimination on the basis of race, creed, color, gender, religion or disability; or for solicitations or advertisements for non-work purposes. Users may not engage in any use that violates copyright or trademark laws.
Also prohibited is any activity that could negatively impact public trust and confidence in the Village or create the appearance of impropriety.
Users are also prohibited from posting information, opinions or comments to Internet discussion groups (for example: news groups, chat, list servers or electronic bulletin boards). Under no circumstances may any user represent their own views as those of the Village.
Users may not disclose confidential or sensitive information. Personal information such as the home addresses, phone numbers, and social security numbers of Elected Officials or Employees should never be disclosed on the Internet.
11-9-40 NO PRESUMPTION OF POLICY. Although users may use passwords to access some electronic communication systems, these communications should not be considered private. Users should always assume that any communications, whether business-related or personal, created, sent, received or stored on the Village’s electronic communication systems may be read or heard by someone other than the intended recipient.
Users should also recognize that e-mail messages deleted from the system may still be retrieved from the computer’s back-up system when requested by authorized personnel. Consequently, messages that were previously deleted may be recreated, printed out, or forwarded to someone else without the user’s knowledge.
11-9-41 VILLAGE’S RIGHT TO MONITOR USE. Under authorization of the Mayor, the Village may monitor, intercept, access, and disclose all information created, sent, received, or stored on its electronic communication systems at any time, with or without notice to the user. The contents of computers, voice mail, e-mail and other electronic communications will be inspected when there are allegations that there have been breaches of confidentiality, security, or violations of this Electronic Communications Policy. These inspections will also be conducted when it is necessary to locate substantive information that is not readily available by less intrusive means. Before providing access to store electronic communications such as e-mail messages, written authorization will be required from the Mayor.
The contents of the computers, voice mail, e-mail and other electronic communications may be turned over to the appropriate authority when there are allegations that there have been violations of law.
In addition, the Village will regularly monitor and maintain a log of the user’s Internet access, including the type of sites accessed, the name of the server, and the time of day that
access occurs. The Mayor will have access to this log upon request. They may use this information that was obtained through monitoring as a basis for employee discipline.
The Mayor may authorize individuals for investigative purposes to engage in activities otherwise prohibited by this policy.
11-9-42 PROHIBITED ACTIVITIES. Users shall not download software programs of any kind. No software is to be installed on Village computers without the approval of the Village Board. Users may not upload, download, or otherwise transmit copyrighted, trademarked, or patented material; trade secrets; or confidential, private or proprietary information or materials. Users may not use the Village’s electronic communication systems to gain unauthorized access to remote computers or other systems or to damage, alter, or disrupt such computers or systems in any way, nor may users use someone else’s code or password or disclose anyone’s code or password including their own. It is a violation of this policy for users to intentionally intercept, eavesdrop, record or alter another person’s Internet and e-mail messages. Users may not allow unauthorized individuals to have access to or use the Village’s electronic communication systems, or otherwise permit any use that would jeopardize the security of the Village’s electronic communication systems. Also, users may not post an unauthorized home page or similar web site.
Users may not make unauthorized commitments or promises that might be perceived as binding the Village. Users must use their real names when sending e-mail messages or other electronic communications and may not misrepresent, obscure or in any way attempt to subvert the information necessary to identify the actual person responsible for the electronic communication. Sending an e-mail message under a fictitious or false name is a violation of this policy. Likewise, using another user’s account or login ID constitutes a violation of this policy.
11-9-43 PASSWORDS. Each user will maintain a unique password. Users must keep their passwords confidential and must never leave their computers unattended when logged into the system. Passwords shall be changed whenever a password may have been compromised or revealed or when the computer security system requests a new password.
Directories of user e-mail addresses may not be made available for public access. No visitors, contractors or temporary employees may use the Village’s e-mail without prior written authorization from the Mayor.
11-9-44 INTERNET USAGE. Access to the Internet from any PC connected to the Village’s network is only allowed in accordance with this policy. Alternate methods of Internet access, such as using a modem to access a personal dial-up Internet account is prohibited as it may compromise the Village’s network security exposing it to potential harm from computer hackers.
Sessions on the Internet are logged automatically in exactly the same way that phone numbers are logged in the phone system. Do not use the Internet for tasks that you would not want to be logged.
Web browsers leave “footprints” providing a trail of all site visits. Do not visit any site where you would be reluctant to leave your name and work locations.
Use appropriate judgment before filling out a form included in a Web page. The form shall pass through many interconnecting computers and networks before reaching its
destination. Other individuals will be able to eavesdrop on it. Personal or valuable information on the form may not remain confidential. Under no circumstances should you ever put a Social Security number on the Internet.
An Internet message sent from the Village’s address constitutes a Village communication; therefore, it should be composed and structured correctly. Whenever possible, spell check messages prior to transmission, especially when sending to a non-Village address.
Sending e-mail from the Village’s address can be likened to sending a letter on Village letterhead. Messages may be forwarded by the recipient to others, printed in a location where others may view the message, and/or directed to the wrong recipient. Also, computer forensic experts can often retrieve e-mail previously deleted. An ill-considered remark can return to haunt the sender later.
Be courteous and follow generally accepted standards of etiquette. Protect others’ privacy and confidentiality. Consider the Village’s needs before sending, filing, or destroying e-mail messages. Remove personal messages, temporary records and duplicate copies in a timely manner.
11-9-45 RECORDS RETAINED. Certain significant types of e-mail messages or their attached files may be considered records and should be retained if required by the Village’s record-retention policies. Examples of messages sent by e-mail that may constitute records include:
(A) policies and directives;
(B) correspondence or memoranda related to official business;
(C) work schedules and assignments;
(D) agendas and minutes of meetings;
(E) drafts of documents that are circulated for comment or approval;
(F) any document that initiates, authorizes, or completes a business transaction; and
(G) final reports or recommendations.
11-9-46 RECORDS DISPOSAL. The content and maintenance of a user’s electronic mailbox are the user’s responsibility. The content and maintenance of a user’s disk storage area are the user’s responsibility. Each user should review his/her electronic records for deletion every thirty (30) days.
Messages of transitory or little value that are not normally retained in record-keeping systems should be regularly deleted. Informational messages, such as meeting notices, reminders, informal notes, and telephone messages should be deleted once the administrative purpose is served. If it is necessary to retain any e-mail message for an extended period, transfer it from the e-mail system to an appropriate electronic or other filing system. With the approval of the Mayor, the Village Clerk or one of his/her staff members designated by him/her is permitted to remove any information retained in an e-mail system for more than thirty (30) days.
11-9-47 ACCESSING USER E-MAIL DURING ABSENCE. During a user’s absence, the Mayor may authorize the Village Clerk to access the user’s e-mail messages and electronic Internet records without the consent of the user when necessary to carry out normal business functions.
11-9-48 FIREWALLS AND NETWORK PROTECTION. Firewalls and other devices to ensure the safety of the Village private network will be installed to protect all Village Electronic Communication Systems. Local governments are often targets of hackers and unauthorized intrusions because of the unique types of information stored on their systems. For this reason, the Village takes a very cautious approach to security regarding the Internet and e-mail. Policies to ensure the security of the system include, but are not limited to: blocking access to certain Internet sites; filtering out potentially threatening e-mail attachments; filtering out dangerous types of web pages including Java Script, and ActiveX programs. Other methods of security may be deployed as new threats are discovered.
Any attempts to bypass or disable the security features installed by the Village will be in violation of this policy and may result in disciplinary action.
11-9-49 PASSWORD PROTECTION. Users should use caution when using encryption software or password protecting their files. Password protected files cannot be retrieved without the necessary password. The Village is not responsible for any lost, damaged or inaccessible files that result from password protection.
11-9-50 VIRUSES AND TAMPERING. Any files downloaded from the Internet must be scanned with virus detection software before installation and execution. All computers designated as having access to the Internet and e-mail must have virus detection software installed on them. Users may not deliberately disable the virus protection capabilities of these systems. The intentional introduction of viruses, attempts to breach system security, or other malicious tampering with any of the Village’s electronic communication systems is expressly prohibited. Users must immediately report any viruses, tampering or other system breaches to the Mayor or a designated officer.
Many viruses are transmitted through the e-mail system as attachments. Caution should be practiced prior to the accessing of any attachments to e-mail messages. Never access any unexpected attachments without verifying the source and reason for it, even if you recognize the sender of the e-mail. It is common practice for hackers to alter the source of an e-mail in an attempt to spread a virus.
11-9-51 DISCLAIMER OF LIABILITY FOR USE OF THE INTERNET. The Village is not responsible for material viewed or downloaded by users from the Internet. The Internet provides access to a significant amount of information, some of which contains offensive, sexually explicit and inappropriate material. It is difficult to avoid contact with this material; therefore, users of the Internet do so at their own risk.
11-9-52 DUTY NOT TO WASTE ELECTRONIC COMMUNICATIONS RESOURCES. Users must not deliberately perform actions that waste electronic communication resources or unfairly monopolize resources to the exclusion of other users. This includes, but is not limited to, subscribing to list servers, mailing lists or web sites not directly related to the user’s job responsibilities; spending nonproductive time on the Internet; and doing large non-work related file downloads or mass mailings. Electronic communication resources are limited and users have a duty to conserve these resources.
11-9-53 E-MAIL ADDRESSES. The Village reserves the right to keep a user’s e-mail address active for a reasonable period of time following the user’s departure to ensure that important business communications reach their respective department.
11-9-54 FREEDOM OF INFORMATION ACT REQUESTS. The Village will not accept Freedom of Information Act (F.O.I.A.) requests from the public via the Internet. If a citizen e-mails a F.O.I.A. request to a user, the employee should notify the citizen that these requests must be made in writing in compliance with the Freedom of Information Code. (See Chapter 22)
11-9-55 USE OF CREDIT CARDS ON THE INTERNET. Before making purchases on the Internet, users who are authorized to use Village credit cards must ensure that they are using a secured site. The Village recommends that users do not use their credit cards over the Internet and expressly disclaims responsibility for any loss or damages that results from credit card usage over the Internet.
11-9-56 VIOLATIONS. Violations of this policy may subject employees to disciplinary action ranging from the removal of electronic communication privileges to dismissal from employment. Village employees who observe violations of this policy are obligated to report the violations to the Mayor or Village Clerk.
11-9-57 POLICY CHANGES. The Village reserves the right to change this policy at any time with notice. Nothing in this policy is intended or should be construed as an agreement and/or a contract expressed or implied. Policy changes will be disseminated electronically or in written form within forty-eight (48) hours of taking effect after an ordinance has been adopted.
ARTICLE X ‑ RIGHTS OF EMPLOYEES
11-10‑1 PERSONNEL FILE. Employees are allowed to look at their own personnel files during normal business hours. Persons wishing to view their own file shall file a written request with the Mayor or the Village Clerk. A copy of the request shall be placed in the employee's personnel file. Nothing should be placed in an employee's personnel file nor shall anything be removed from the file without the consent of the Mayor and Village Board. Records of prior grievances and discipline action shall be maintained in the employee's personnel file. The final decision to remove items lies within the discretion of the Mayor and the Village Board.
11-10‑2 REFERENCES. Employees or former employees have the right to obtain references or recommendations. Such references shall provide the applicable date of hire and the last date employed, and a general description of the applicable job duties. Additional comments concerning the employee or former employee's job performance dependabilities lies within the sound discretion of the Superintendent.
11-10‑3 SAFETY. The Superintendent shall implement any safety procedures adopted by the Village, and employees shall comply with any of the safety procedures.
All employees are directed to report any hazardous conditions to their supervisor immediately.
Due to the open‑office design of many department buildings, it is impossible to provide security for personal belongings left unattended. Employees are advised to keep their wallets, purses, etc. in their possession at all times. The Municipality cannot be responsible for losses due to theft.
ARTICLE XI ‑ RIGHTS OF EMPLOYER
11-11‑1 VILLAGE'S RIGHTS. The employee recognizes that the Village possesses the exclusive right to operate and direct the employees of the Village in all aspects, including, but not limited to, all rights and authority granted by law.
The employee further recognizes that this Code is not a binding contract between the Village and the employee. Nothing contained in this Code shall be construed as creating an employment agreement between the Village and it's employees from time to time.
11-11‑2 NEW REGULATIONS. The Village has the right to unilaterally create new employment policies and regulations not mentioned in this Code, and to change provisions of this Code without approval or consent of the employees of the Village.
11-11‑3 MANAGEMENT RESPONSIBILITIES. The employer has the ultimate responsibility for proper management including but not limited to responsibilities and the right for the following:
(A) To maintain executive management and administrative control of the department and its property, facilities and staff.
(B) To hire all employees and to determine their qualifications and the conditions for their continued employment or their dismissal or demotion.
(C) To direct, supervise, promote, suspend, discipline, terminate, assign and schedule employees.
(D) To relieve employees from duties because of a lack of work or funds, or under conditions where continued work would be inefficient or nonproductive or under conditions as may be deemed necessary or advisable by the department.
(E) To determine services to be rendered, operations to be performed, utilization of technology and budgetary matters.
(F) To determine the methods, processes, means, job classifications and personnel by which the operations of the department are to be conducted.
It is recognized that the employer normally exercises most of the powers, rights, authorities, duties and responsibilities through and with the cooperation of the administrative staff.
11-11‑4 LENGTH OF SERVICE. Length of service is defined as the length of continuous service of an employee since the employee's last date of hire with the Village within the employee's department. In the event an employee is transferred from or to another department of the Village, the employee's total continuous employment with the Village will be used as the basis for vacation and sick leave only.
An employee's continuous service record shall be broken by voluntary resignation or discharge. If such continuous service is broken due to curtailment of operation, said employee shall be considered on layoff.
11-11-5 EXEMPTIONS TO LABOR AGREEMENTS. All sections and subsections of this Code shall not apply to the employees governed by a collective bargaining agreement provided the subject matter in the Collective Bargaining Agreement sections are the same.
ARTICLE XII ‑ SEXUAL HARASSMENT POLICY
VILLAGE OF NOBLE, ILLINOIS
POLICY PROHIBITING SEXUAL HARASSMENT
EFFECTIVE JANUARY 15, 2018
It is unlawful to harass a person because of that person's sex. All persons have a right to work and conduct business in an environment free from sexual harassment. Sexual harassment is illegal and unacceptable misconduct which affects individuals of all genders and sexual orientations. It is the policy of the VILLAGE OF NOBLE, ILLINOIS (hereinafter the "Village", “municipality” or “employer”) to prohibit harassment on the basis of sexual conduct as defined herein of any person in the workplace or any locations controlled by the Village or any other location where the alleged harasser was acting on behalf of the Village (hereinafter the “workplace”), by any municipal official or officer (whether elected or appointed and regardless of whether compensated, and including but not limited to the president and all trustees of the municipality), any municipal agent, or any municipal employee or volunteer, which includes full-time, part-time, or contractual employees whose duties are subject to the direction and control of the Village with regard to the material details of how the work is to be performed, but not independent contractors (hereinafter collectively called the “Officials/Employees”), and all such Officials/Employees are prohibited from sexually harassing any person (the “claimant”), regardless of any employment relationship or lack thereof, and regardless of the location at which the sexual harassment occurred. Any person (the “claimant”) harassed as defined herein shall have the right to make a complaint as defined herein.
This Policy Prohibiting Sexual Harassment (hereinafter “Policy”) is made pursuant to the mandate provided for in Public Act 100-554 effective November 16, 2017 which amends the State Officials and Employees Ethics and also pursuant to the Illinois Human Rights Act and is intended to set forth the policy and procedures that the Village has implemented to address sexual harassment as required by both said Acts. This Policy, however, is not intended to create contractual obligations of any kind between the Village and said Officials/Employees and should not be construed as such.
This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, as it may be amended from time to time but which currently defines sexual harassment as:
Any unwelcome sexual advances or requests for sexual favors or any unwelcome conduct of a sexual nature when:
Sexual harassment is a form of discrimination which is prohibited under Title VII of the U.S. Civil Rights Act of 1964, as amended, and also prohibited under the Illinois Human Rights Act.
Pursuant to Title VII of the U.S. Civil Rights Act of 1964, as amended, sexual harassment can occur in a variety of circumstances, including but not limited to the following:
● The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
● The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another
area, a co-worker, or a non-employee.
● The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
● Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
● The harasser's conduct must be unwelcome.
Sexual harassment may occur where an otherwise qualified individual is required to submit to sexual advances or sexual favors to qualify for or obtain employment opportunities and benefits. Sexual harassment may also occur where an individual is subjected to unwelcome sexual conduct which creates an intimidating, hostile or offensive working environment.
One example of sexual harassment is a case where an individual is terminated by a supervisor or is denied employment opportunities and benefits after rejecting the supervisor’s sexual advances or request(s) for sexual favors. Another example is where an individual is subjected to conduct by co-workers because of his or her gender which makes it difficult for the employee to perform his or her job.
Other conduct which may constitute sexual harassment includes:
Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.
Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
Visual: posters, signs, pin-ups, photographs, artwork, buttons, shirts, stickers or slogans of a sexual nature, or viewing pornographic material or websites.
Physical: unwelcome touching, hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
Textual/Electronic: "sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).
While the most commonly recognized forms of sexual harassment involve the types of conduct described above, non-sexual conduct can also constitute a violation of the applicable laws when that conduct is directed at the victim because of his or her gender (for example, a female employee who reports to work every day and finds her tools stolen, her work station filled with trash and her equipment disabled by her male co-workers because they resent having to work with a woman).
The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person."
For this reason, every Official/Employee must remember that seemingly “harmless” and subtle actions may lead to sexual harassment complaints. The use of terms such as “honey”, “darling” and “sweetheart” is objectionable to many women who believe that these terms undermine their authority and their ability to deal with men on an equal and professional level. And while use of these terms by an individual with authority over a female employee will rarely constitute an adverse employment action, it may lead to the creation of a hostile work environment.
Another example is the use of a compliment that could potentially be interpreted as sexual in nature. Below are three statements that might be made about the appearance of a woman in the workplace:
“That’s an attractive dress you have on.”
“That’s an attractive dress. It really looks good on you.” “That’s an attractive dress. You really fill it out well.”
The first statement appears to be simply a compliment. The last is the most likely to be perceived as sexual harassment, depending on individual perceptions and values. To avoid the possibility of offending a person, it is best to follow a course of conduct above reproach, or to err on the side of caution.
Another example is a utility customer who comes into the village’s office to make a payment and who while in that office is subjected to sexual harassment by a village Official/Employee. That customer may have a claim for sexual harassment under the law due to being subjected to a “hostile working environment”.
Sexual harassment is unacceptable misconduct, which affects both genders. Sexual harassment will often involve a man’s conduct directed at a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.
If the word “employee” is used herein in the context that the employee is the claimant, i.e. victim of sexual harassment, then said term “employee” also includes any person, whether an actual employee or not, who claims that he or she has been subjected to sexual harassment as defined herein.
RESPONSIBILITY OF OFFICIALS/EMPLOYEES
Each Official/Employee has the responsibility to refrain from sexual harassment in the workplace and is prohibited from engaging in conduct toward a person that constitutes sexual harassment, regardless to whom that harassment is directed, who does NOT have to be an employee of the village. A Official/Employee who sexually harasses another person is, of course, liable for his or her individual conduct.
All Official/Employees should assume that all sexual comments and behaviors are unwelcome unless the claimant gives clear and unequivocal indications to the contrary. Any Official/Employee who is advised by another person that the Official/Employee’s behavior is offensive, then that Official/Employee must immediately stop the behavior, regardless of whether that Official/Employee agrees with the other person’s perception of that behavior.
The harassing Official/Employee will be subject to disciplinary action up to and including discharge in accordance with departmental policy or with a collective bargaining agreement or with state law, as may be appropriate. The Village does not consider conduct in violation of this Policy to be within the course and scope of employment and does not sanction such conduct of any Official/Employee.
RESPONSIBILITY OF SUPERVISORY PERSONNEL
Each supervisor is responsible for maintaining the workplace free of sexual harassment. This is accomplished by promoting a professional environment and by dealing with sexual harassment as with all other forms of employee misconduct. It must be remembered that supervisors are the first line of defense against sexual harassment. By setting the right example, a supervisor may discourage his or her employees from acting inappropriately. In addition, supervisors will often be the first to spot objectionable conduct or the first to receive a complaint about conduct which he or she did not observe.
The courts and the Illinois Human Rights Commission have found that organizations as well as supervisors can be held liable for damages related to sexual harassment by a manager, supervisor, employee, or third party (an individual who is not an employee but does business with an organization, such as a contractor, customer, sales, representative, or repair person). Liability is either based on an organization’s responsibility to maintain a certain level of order and discipline among employees, or on the supervisor, acting as an agent of the organization. It should be noted that recent United States Supreme Court cases involving sexual harassment claims against supervisors have made the employer’s liability for supervisors’ actions even more strict. Therefore, supervisors must understand that their adherence to this policy is vitally important, both with regard to their responsibility to maintain a work environment free of harassment and, even more importantly, with regard to their own individual conduct. The law continues to require employers to remain vigilant and effectively remedy sexually harassing conduct perpetrated by individual(s) on their co-workers. Supervisors must act quickly and responsibly not only to minimize their own liability but also that of the agency.
Specifically, a supervisor must address an observed incident of sexual harassment or a complaint, with equal seriousness, report it to that supervisor’s immediate superior and also to the village’s ethics office, take prompt action to investigate it, implement appropriate disciplinary action, take all necessary steps to eliminate the harassment and observe strict confidentiality. This also applies to cases where an employee tells the supervisor about behavior considered sexual harassment but does not want to make a formal complaint.
In addition, supervisors must ensure that no retaliation will result against an employee making a sexual harassment complaint.
An Official/Employee who observes sexual harassment or any person (the claimant) who believes herself/himself to be the object of sexual harassment by an Official/Employee should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending person, and to her/his immediate supervisor. It is not necessary for the sexual harassment to be directed at the person who is making the report.
The following steps may also be taken: document or record each incident (what was said or done, the date, the time, and the place). Documentation can be strengthened by written records such as letters, notes, memos, and telephone messages.
All charges, including anonymous complaints, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
All reports shall be received and handled as confidential to the extent permitted by law and subject to any disclosure requirements pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.).
No one making a complaint will be retaliated against even if a complaint made in good faith is not substantiated. In addition, any witness will be protected from retaliation.
Any person may respond to conduct which is believed to be sexual harassment by a Responsible Person in the following manners:
1. Electronic/Direct Communication. If there is sexual harassing behavior in the workplace, the harassed person should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be either written or verbal. If subsequent messages are needed, they should be put in writing in a note or a memo which can be delivered electronically.
2. Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the offended person feels threatened or intimidated by the situation, the problem should be promptly reported to the immediate supervisor of the offended person making the report, or to a department head, a director of human resources, an ethics officer, the EEO officer, the municipal manager or administrator, any municipal officer or official, or the chief executive officer of the municipality.
For purposes of effecting this Policy, the Village Clerk should be considered the director of human resources, the ethics officer, and the EEO officer for this Village.
The person experiencing what he or she believes to be sexual harassment must not assume that municipal authorities are aware of the conduct. If there are no witnesses and the harassed person fails to notify a supervisor or other municipal authority, it is likely the municipality will not be presumed to have knowledge of the harassment. The Village shall counsel and assist any person making a formal report of sexual harassment with the Village. The Village will fully investigate the complaint and advise the claimant and the alleged harasser of the results of the investigation.
3. Resolution Outside Municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every complaint and incident so that problems can be identified and remedied internally. However, a claimant also has the right to contact the Illinois Department of Human Rights (IDHR), the Illinois Human Rights Commission, the Equal Employment Opportunity Commission (EEOC), or the Office of the Inspector General for the Illinois Attorney General 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, and the 180 day rule applies even if the claimant is currently using union grievance procedures or the internal grievance procedures described above. 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 municipality has an effective sexual harassment policy in place and the complaining person fails to take advantage of that policy and allow the municipality an opportunity to address the problem, such claimant may, in certain cases, lose the right to further pursue the claim against the municipality. Under certain specific circumstances the claimant may also file a report with the Office of Inspector General for the Office of the Illinois Attorney General, but the report must be made within one year of the date of the harassment incident.
James R. Thompson Center
222 South College St.
2309 W . M ain St.
100 W . Randolph St.
M arion, IL 62959
Springfield, IL 62704
Chicago, IL 60601
Accommodations for Persons with Disabilities - call 312-814-6262
● Illinois Human Rights Commission (IHRC) Chicago: 312-814-6269
Chicago TTY: 312-814-4760
Springfield TTY: 217-557-1500
● United States Equal Employment Opportunity Commission (EEOC) Chicago: 312-353-2713
Chicago TTY: 800-869-8001
● Office of Executive Inspector General for the Office of the Illinois Attorney General, 100 West
Randolph Street, 12th Floor, Chicago, IL 60601.
(312) 814-8444 fax.
● Ms. Tresa Hundley
Noble Village Clerk (ethics officer) Village of Noble
P.O. Box 278 Noble, IL 62868 (618)-723-2212
If a person is suddenly transferred to a lower paying job or passed over for promotions or if other terms and conditions of that person’s employment are changed to his or her disadvantage after filing a complaint with the DHR or EEOC, that person may also file a retaliation charge. A complaint based on retaliation must be filed with the DHR within 180 days of the alleged retaliation or within 300 days of the alleged retaliation if the complaint will be made with the EEOC.
A person who has been physically harassed or threatened while on the job may also have grounds for criminal charges, such as assault or battery, which can be reported to a local law enforcement agency.
No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any claimant or witness due to that person's:
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any claimant or witness that is taken in retaliation for that person's involvement in protected activity pursuant to this policy.
No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.
OTHER WHISTLEBLOWER PROTECTIONS
Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection to a claimant from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for a person who does any of the following:
Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS 174/15(b)).
According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
If a person is suddenly transferred to a lower paying job or passed over for promotions or if other terms and conditions of that person’s employment are changed to his or her disadvantage after filing a complaint with the DHR or EEOC, that person may also file a retaliation charge. A complaint based on retaliation must be filed with the DHR within 180 days of the alleged retaliation or within 300 days of the alleged retaliation if the complaint will be made with the EEOC.
In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition on Sexual Harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, State law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a State or Federal agency.
All municipal officials or officers (whether elected or appointed and regardless of whether compensated, and including but not limited to the president and all trustees of the municipality) shall be subject to the provisions of this Policy and may be punished for any violation thereof under any applicable provision under the Illinois Criminal Code or federal law.
A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.
In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor, punishable by up to a period of imprisonment not more than 364 days and a fine up to $2,500.00. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
This Policy shall be given immediately after the Village’s approval of this Policy to all current Officials/Employees, and thereafter to all new Officials/Employees who obtain their positions after the date of the Village’s approval of this Policy.
The initial effective date of this Policy shall be January 15, 2018.
This Policy shall be updated and re-distributed to all Officials/Employees upon receiving any revisions of any applicable laws or recommendations for updating the Policy from the Illinois Department of Human Rights and/or the Illinois Attorney General’s Office.
Each Official/Employee shall provide a signed acknowledgment each time that he or she receives a copy of this Policy (see example acknowledgment attached hereafter).
It is the intention of the Board of Trustees that this policy and every provision thereof shall be considered separable, and the invalidity of any section, clause, or provision of this policy shall not affect the validity of any other portion of this policy.
Village of Noble, Illinois
Acknowledgment of Receipt and Review of Policy Prohibiting Sexual Harassment
(required from all Officials/Employees as defined in the Policy, which includes all village employees and officials, including trustees)
Please acknowledge receipt and review of this policy by completing the following form and returning it to the Village of Noble.
I have read and I understand the Policy Prohibiting Sexual Harassment effective January 15, 2018.
I understand that if I ever have any questions or concerns I can speak to my supervisor or any Village official.
I have signed and dated this acknowledgment to confirm my receipt and understanding of the policy.
Please return this form to the Village Clerk of Noble, Illinois, at Noble Village Hall.
ARTICLE XIII - SEXUAL MISCONDUCT POLICY
11-13-1 SEXUAL MISCONDUCT POLICY STATEMENT. The Village will not tolerate and will seek to eradicate any behavior by its employees, volunteers or students which constitutes sexual misconduct toward another employee, volunteer or student. “Sexual misconduct” means any actual, attempted or alleged sexual molestation, assault, abuse, sexual exploitation or sexual injury. “Sexual misconduct” does not include “sexual harassment”.
11-13-2 REPORTING PROCEDURES AND DESIGNATED SEXUAL ABUSE COORDINATOR. It is the express policy of the Village to encourage victims of sexual misconduct, and their parents or guardians in the case of minors, to come forward with such claims. The Village shall designate a Sexual Abuse Coordinator, who hereinafter shall be referred to as “Coordinator”, who shall remain accountable for the implementation and monitoring of this policy. The identity of the Sexual Abuse Coordinator shall remain on file with the Village. In order to conduct an immediate investigation, any incident of sexual misconduct shall be reported as quickly as possible in confidence, as follows:
(A) Employees and Volunteers. Employees and volunteers are required to report any known or suspected incidents of sexual misconduct. They must also report to their supervisor or the Coordinator. If the person to whom an employee or volunteer is directed to report is the offending person, the report should be made to the next higher level of administration or supervision.
(B) Investigation and Confidentiality. All formal complaints will be given a full impartial and timely investigation. During such investigation, while every effort will be made to protect the privacy rights of all parties’ confidentiality cannot be guaranteed.
(C) Discipline. Any Village employee or volunteer who is determined, after an investigation, to have engaged in sexual misconduct in violation of this policy will be subject to disciplinary action up to and including discharge.
False accusations regarding sexual misconduct will not be tolerated, and any person knowingly making a false accusation shall likewise be subject to disciplinary action up to and including discharge, with regard to employees or volunteers.
The Village shall discipline any individual who retaliates against any person who reports alleged sexual misconduct or who retaliates against any person who testifies, assists or participates in an investigation, a proceeding or a hearing relating to a sexual misconduct complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
11-13-3 CHILD ABUSE. Sexual abuse of a minor is a crime.
(A) Child Abuse Incident Reporting and Follow-Up. Any case of known or suspected child abuse of a minor must be reported immediately in compliance with Illinois mandatory reporting guidelines and to the Coordinator and the Village Attorney’s Office.
In the event that the Coordinator is first notified of an incident of known or suspected child abuse, the Coordinator shall immediately notify the child’s parent or legal guardian as the case be, and the appropriate legal authorities as required by state or local law. The Coordinator shall prepare a Suspected Child Abuse Standard Report and immediately follow-up to investigate the incident and to ascertain the condition of the child. The Coordinator shall communicate any questions or concerns about any incident with the State’s Attorney.
Any employee or volunteer involved in a reported incident of sexual misconduct or child abuse shall be immediately relieved of responsibilities that involve interaction with minors or shall be suspended, as determined by the employee’s supervisor. Reinstatement of employees or volunteers involved in a reported incident of child abuse shall occur only after all allegations of child abuse have been cleared by the County.
(B) Maintenance of Records and Documents. The Coordinator shall maintain all records and documentation required by law or otherwise required by this and other such related policies of the Village including all documents related to procedures for hiring-screening, employee/volunteer code of conduct, training, sign-in/sign-out, pick-up and release procedures, incident reporting follow-up and disciplinary action.
ARTICLE XIV - SOCIAL MEDIA POLICY
11-14-1 MISSION STATEMENT. It shall be the mission of the Village to ensure its employees maintain professional conduct in their on and off work lives. This shall include the image an employee portrays of themselves on the internet and computer related media.
11-14-2 PURPOSE. The purpose of this policy is to outline the expectations of employees with respect to their use of social media and social networking and the direct effect such use has upon the reputation and perception of the Village.
11-14-3 POLICY. Employees shall not use any form of social media or social networking, including but limited to: Facebook, Twitter, MySpace, LinkedIn, Tumblr, YouTube, Google+, Pinterest, Instagram, Foursquare, The Squad Room, usenet groups, online forums, message boards or bulletin boards, blogs, and other similarly developed formats, in any way so as to tarnish the Village’s reputation. Employees of the Village are embodiments of our mission. It is vital that each employee accept their role as ambassadors of the department, striving to maintain public trust and confidence, in not only their professional actions but also in their personal and online actions. Any online activity that has the effect of diminishing the public’s trust and/or confidence in the Village will hinder the efforts of the Village to fulfill its mission. Any online actions taken that detract from the mission of the Village, or reflects negatively on the position of the Village will be viewed as a direct violation of this policy. For police officers: by virtue of the position of peace officer, they are held to a higher standard than general members of the public and their online activities should reflect such professional expectations and standards.
11-14-4 RULES AND REGULATIONS.
(A) Employees are prohibited from using Village computers or cell phones/devices for any unauthorized purpose, including the participating in social media or social networking.
(B) Employees are prohibited from using any social media or social networking platform while at work. Police officers may seek permission from the Mayor to use social media or networking for investigative or for public information purposes.
(C) Unless granted explicit permission, employees including police officers of the Village are prohibited from posting any of the following in any social networking platform, either on their own sites, the sites of others known to them, the sites of others unknown to them, news media pages, or other information exchange forums:
(1) Any text, photograph, audio, video, or any other multimedia file related to any investigation of the police department, both current and past.
(2) Any text, photograph, audio, video, or any other multimedia file related to any past or current action of the Village police department, either in homage or critique.
(3) Any text, photograph, audio, video, or any other multimedia file that is related to any Village department business or event.
(D) Employees who choose to maintain or participate in social media or social networking platforms while off work shall conduct themselves professionally and in such a manner that will not reflect negatively upon the Village or its mission. In the course of operating or participating in such venues, the following rules shall apply:
(1) Employees will be held responsible for the content that appears on their maintained social media or social networking sites and will be obligated to remove any posting or material contributed by others that reflects negatively upon the Village.
(2) Sexually graphic or explicit material, of any kind, shall not be posted by the employee on any form of social media or social networking sites.
(3) Sexually graphic or explicit material posted by others to the employee’s social media or social networking sites shall be immediately removed.
(4) Weaponry, owned by the Village, shall not be displayed or referenced to, in any multimedia format, on social media or social networking sites.
(5) Weaponry, privately owned by any police officer, shall not be displayed or referenced to, in any multimedia format, on social media or social networking sites if such displays or depictions promote a disparaging image to the Village.
(6) Any text, photograph, audio, video, or any other multimedia file included on a social media or social networking site that infers, implies, states, opines or otherwise expresses the employee’s views on the public shall not be detrimental to the Village’s mission now shall it, in any way, undermine the public’s trust or confidence of the Village departments.
(7) Any text, photograph, audio, video, or any other multimedia file included on a social media or social networking site that infers, implies, states, opines or otherwise expresses the employee’s views on the legal, judicial or criminal systems shall not, in any way, undermine the public’s trust and confidence of the Village departments.
(8) Any posting that detracts from the Village department’s mission will be considered a direct violation of this policy.
(E) Employees who are brought under administrative or internal investigation related to their performance, functionality or duties may be ordered to provide the Village, or its designated investigator, with access to the social media and social networking platforms in which they participate or maintain.
(F) Employees who are brought under administrative or internal investigation related to the Village’s operation, productivity, efficiency, morale or reputation, may be ordered to provide the Village, or its designated investigator, with access to the social media and social networking platforms in which they participate or maintain.
(G) If requested, any employee shall complete an affidavit attesting to all the social media and social networking platforms in which they mail or participate.
(H) Any candidate seeking employment with the Village shall complete an affidavit attesting to all the social media and social networking platforms in which they maintain or participate.
ARTICLE XV - ANTI-BULLYING POLICY
11-15-1 APPLICATION OF POLICY. The Village finds a safe work environment is beneficial for employees and promotes productivity. Workplace bullying has been linked to absenteeism, drug and alcohol use, and sexual violence. The Village considers workplace bullying unacceptable and will not tolerate it. The anti-bullying policy shall apply to all individuals who are employees, volunteers and contractors. For purposes of this policy:
(A) “Employee” is defined as an individual working for the Village for remuneration;
(B) “Volunteer” is defined as an individual who volunteers services to the Village without remuneration;
(C) “Contractor” is defined as an individual who contracts with the Village to provide services, or an individual who works for a contractor of the Village.
11-15-2 DEFINITION. Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a person that has or can be reasonably predicted to have the effect of one or more of the following:
(A) placing the person in reasonable fear of harm to the person or the person’s property;
(B) causing a substantially detrimental effect on the person’s physical or mental health;
(C) substantially interfering with the person’s productivity; or
(D) substantially interfering with the person’s ability to participate in or benefit from the opportunities offered by the employer.
Bullying may be intentional or unintentional. The Village considers the following types of behavior illustrative examples of bullying: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, pushing; shoving; kicking; poking; tripping; assault, or threat of physical assault; theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying.
11-15-3 BULLYING PROHIBITED. Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, and any other distinguishing characteristic is prohibited in all places of employment, and an employer shall prevent bullying in its place of employment.
(A) No person shall be subjected to bullying:
(1) during any period of employment activity;
(2) while working, on property of the employer, or at employer-sponsored or employer-sanctioned events or activities; or
(3) through the transmission of information from an employment utilized telephone, computer, computer network, or other similar electronic employer-utilized equipment.
(B) Nothing in this policy is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment of the United States Constitution.
11-15-4 DISCIPLINARY ACTION. Any employee or volunteer who is determined, after an investigation, to have engaged in bullying in violation of this policy shall be subject to disciplinary action up to and including immediate discharge. Any contractor found to be in violation of this policy may be subject to contract cancellation.
(A) False Accusations. False accusations regarding bullying against employees, volunteers, contractors, or elected officials shall not be tolerated, and any person knowingly making a false accusation shall be subject to disciplinary action up to and including immediate discharge.
(B) Retaliation for Reporting Bullying. The Village shall discipline any employee or volunteer who retaliates against any person who reports who reports alleged bullying, or who retaliates against any person who testifies, assists or participates in an investigation, a proceeding or a hearing relating to bullying complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Contractors are likewise prohibited from retaliating.
11-15-5 REPORTING AND COMPLAINT PROCEDURE. The Village encourages all employees, volunteers or contractors to promptly report any instance of bullying behavior. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of bullying. Therefore, while no fixed reporting period has been established, prompt reporting of complaints or concerns is encouraged so that rapid and constructive action can be taken. The Village shall make every effort to stop alleged workplace bullying before it becomes severe or pervasive, but can only do so with the cooperation of its employees.
Reports of bullying will be treated seriously, and investigated promptly and impartially. The Village further encourages all individuals to whom this policy applies to formally report any concerns of assault, battery, or other bullying behavior of a criminal nature to the Village Attorney’s office. The Village Board requires any supervisor who witnesses bullying, irrespective of reporting relationship or his/her responsibility to address it, to promptly report this conduct to the Police Chief or the Mayor.
Individuals who believe they have experienced conduct that they believe violates this policy, or who have concerns about such matter, should report their complaints or concerns verbally or in writing to his or her supervisor, or the Village Attorney, before the conduct becomes severe or pervasive. If a verbal report is made, it shall be documented in writing by the official to whom it is reported. Individuals should not feel obligated to report their complaints to their immediate supervisor first before bringing the matter to the attention of one of the other designated Village representatives identified above.
The availability of this complaint procedure does not preclude individuals who believe they are being subjected to bullying conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that such behavior immediately stop.
ARTICLE XVI - DOMESTIC AND SEXUAL VIOLENCE POLICY
11-16-1 PURPOSE OF POLICY. Domestic violence can permeate the lives and compromise the safety of employees with tragic, destructive and often fatal results. Domestic violence occurs within a wide spectrum of relationships, including married and formerly married couples, couples with children in common, couples who live together or have lived together, gay, lesbian, bisexual and transgender couples, and couples who are dating or who have dated in the past. Domestic violence represents a pattern of coercive tactics which can include physical, psychological, sexual, economic and emotional abuse perpetrated by one person against another in an intimate relationship or in the same household, with the goal of establishing and maintaining power and control over the victim. In addition to exacting a tremendous toll from the individuals it directly affects, domestic violence often spills over into the workplace, compromising the safety of both victims and co-workers and resulting in lost productivity, increased health care costs, increased absenteeism, and increased employee turnover. The Village will take appropriate actions to promote safety in the workplace and respond effectively to the needs of victims of domestic violence.
11-16-2 DEFINITION. For purposes of this policy and pursuant to the Illinois Victims’ Economic Security and Safety Act (VESSA), the following terms are defined as follows:
(A) “Abuser”: A person who perpetrates a pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.
(B) “Domestic Violence”: Domestic violence means abuse by a family or household member, as defined by this policy pursuant to Section 103 of the Illinois Domestic Violence Act of 1986. Domestic violence includes sexual assault or stalking.
(C) “Employee”: A person working for the Village for remuneration for services.
(D) “Family or Household Member”: For employees with a family or household member who is a victim of domestic or sexual violence, this means spouse, parent, son, daughter, other person related by blood or by present or prior marriage, another person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
(E) “Parent” means biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter as defined herein.
(F) “Son or Daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen (18) years of age, or is eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.
11-16-3 VICTIMS’ ECONOMIC SECURITY AND SAFETY ACT (VESSA). The person against whom an abuser directs coercive and/or violent acts, including an employee who is a victim of domestic or sexual violence, or an employee’s family or household member who is a victim of domestic or sexual violence, and whose interests are not adverse to the employee as it related to domestic or sexual violence.
(A) Employee Awareness. The Village shall take reasonable actions to educate employees regarding the effects of domestic violence and methods to report such violence to authorities. It is the policy of the Village that information on domestic violence and available resources shall be available to employees through the Village Board and by this written policy, which shall be disseminated to employees.
(B) Non-Discriminatory Policy. Non-Discriminatory and Responsive Personnel Policies for Victimized Employees of the Village shall ensure that personnel policies and procedures do not discriminate against victims of domestic violence and are responsive to the needs of victims of domestic violence.
(1) Illinois law prohibits employers from interfering with, restraining, or denying the exercise of any right provided under VESSA. This law requires employers, when given forty-eight (48) hours prior notification, to allow time off for employed victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence, to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from the employer for the employee or the family or household member who is a victim.
(2) Illinois law prohibits employers from discriminating against any employee who is a victim of domestic or sexual violence or any employee who has a family or household member who is a victim of domestic or sexual violence.
(3) An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim of domestic or sexual violence and whose interests are not adverse to the employee as it relates to domestic or sexual violence, may take unpaid leave from work to address domestic or sexual violence by:
(a) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the victim;
(b) obtaining services from a victim services organization for the victim;
(c) obtaining psychological or other counseling for the victim;
(d) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the victim;
(e) seeking legal assistance or remedies to ensure the health and safety of the victim, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
(4) The employee shall be entitled to a total of twelve (12) workweeks of leave during any twelve (12) month period. This policy does not create a right for an employee to take an unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to, the unpaid leave time permitted by the federal Family Medical Leave Act. Leave may be taken intermittently or
on a reduced work schedule. An employee may substitute accumulated paid leave for unpaid leave; however, the paid leave will count toward the number of workweeks used for purposes of this policy. The employee shall provide at least forty-eight (48) hours advance notice of the employee’s intention to take leave, unless providing such notice is not practicable. No action will be taken against an employee for failing to provide forty-eight (48) hours advance notice if the employee provides certification that leave was used for the purposes outlined in Section 11-16-4(B)(2) of this Section and can demonstrate that advance notice was not practicable.
(5) During a leave taken pursuant to this policy, the Village shall maintain coverage under its group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment for the duration of such leave. If the employee fails to return from leave, however, the Village may recover any premium costs it paid for such coverage if the reason for the employee not returning is other than the continuation, recurrence, or onset of domestic or sexual violence or circumstances beyond the control of the employee. Neither seniority nor leave benefits will accrue to the employee during unpaid leave.
(6) The Village, upon request, will assist the employee in determining the best use of his/her attendance and leave benefits when an employee needs to be absent as a result of being a victim of domestic violence. If an employee requests time off to care for and/or assist a family or household member who has been a victim of domestic violence, the employee’s supervisor or the Village Board (or their designee) will evaluate the employee’s request for leave for eligibility under existing law and collective bargaining agreements applicable to the employee and the attendance rules.
(7) The Village requires certification from an employee for leave under this policy. The employee shall certify that the leave is for one of the purposes enumerated in Section 11-16-4(B) of this Section. Certification shall be provided to the employer within a time period set by the employer.
(8) The Village understands that victims of domestic violence may lack the required documentation or have difficulty obtaining the required certification to justify absences without compromising their safety. Therefore, the Mayor or his designee shall consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise his/her safety-related needs and will satisfactorily meet the documentation requirement of the employer.
(9) All information provided to the employer pursuant to notification and certification requirements of this policy, and the purposes for which leave may be requested pursuant to this policy, shall be retained in strictest confidence by the employer, except to the
extent that disclosure is requested or consented to in writing by the employee, or otherwise required by applicable federal or State law. Reported information shall be kept private to the greatest extent possible by Federal law, State law, and Village policy; however, information may have to be disclosed pursuant to a subpoena, Illinois Supreme Court Rules, a court of law, or where otherwise required by law. Where medical information is received by the Village from an employee who is the victim of domestic violence, such medical information shall be kept confidential.
(10) Employees who are victims of domestic violence and who are legally separated from a covered spouse or civil-union partner, shall be allowed to make reasonable changes in benefits at any time during the calendar year, provided the change is requested within thirty (30) days of the separation and is in accordance with the Village policies, rules, and regulations.
(11) The Village will not make inquiries about a job applicant’s current or past domestic violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure.
(C) Accountability for Employees Who are Abusers. The Village will hold employees, individuals who volunteer services to the Village without remuneration (hereafter “volunteers”), and individuals who contract with the Village or work for contractors of the Village (hereafter “contractors”), accountable for engaging in the following behavior: (i) using Village resources to commit an act of domestic violence; (ii) committing an act of domestic violence from or at the workplace or from any other location while on official Village business; or (iii) using their job-related authority and/or Village resources in order to negatively affect victims and/or assist perpetrators in locating a victim and/or in perpetrating an act of domestic violence.
Any physical assault or threat made by an employee, volunteer, or contractor, while on Village premises, during working hours, while representing the Village, or at a Village-sponsored event, is a serious violation of this policy. This policy applies no only to acts against employees, but to acts against all other persons. Those found to have violated this policy will be subject to corrective or disciplinary action, up to and including discharge.
(1) In cases in which the Village has found that an employee, volunteer, or contractor, has threatened, harassed, or abused an intimate partner at the workplace using Village resources such as work time, workplace telephones, facsimile machines, mail, e-mail or other means, said employee shall be subject to corrective or disciplinary action.
(2) In cases in which the Village has verification that an employee, volunteer, or contractor is responsible for a domestic violence-related offense, or is the subject of any order of protection, including temporary, final or out-of-state order, as a result of domestic violence, and said employee, volunteer or contractor has job functions that include the authority to take actions that directly impact victims of domestic violence and/or actions that may protect abusers from appropriate consequences for their behavior, the Mayor shall determine if corrective action is warranted.
(3) In cases in which any employee, volunteer, or contractor intentionally uses his/her job-related authority and/or intentionally uses Village resources in order to negatively impact a victim of domestic violence, assist an abuser in locating a victim, assist an abuser in perpetrating acts of domestic violence, or protect an abuser from appropriate consequences for his/her behavior, said individual may be subject to corrective or disciplinary action.
ARTICLE XVII ‑ DISCIPLINE
11-17‑1 PROCEDURE. The formal disciplinary process is a five step procedure, but dismissal may occur at any step in the process. Superintendents may use the Discipline Form attached as Appendix B for documentation purposes. Under normal circumstances, these steps are outlined in the following sections.
11-17‑2 VERBAL REPRIMAND. A verbal reprimand informs an employee of unsatisfactory conduct, attitude or performance, and acknowledges that continued such actions will result in more severe disciplinary actions. The reprimand should be done in private, and should be documented with the date and nature of the problem and placed in the employee's personnel file.
11-17‑3 WRITTEN REPRIMAND. A written reprimand informs an employee of unsatisfactory conduct, attitude or performance. Written reprimand is more severe than a verbal reprimand, but serves the same purpose to acknowledge further unsatisfactory conduct, attitude, or performance will result in more severe disciplinary action. A copy of the written reprimand will be sent to the employee, the Superintendent, Mayor and employee's personnel file.
11-17‑4 PROBATION. Employee may be placed on probation by the Superintendent and/or the Mayor if the employee's performance is substandard and/or the employee's conduct and behavior are inappropriate and not condoned by management. Employee may be placed on probation not to exceed six (6) months. At the end of three (3) months, an informal evaluation of the employee's performance will be conducted. At the end of the probationary period, the employee's performance will be formally evaluated. Evaluations will determine if the employee should be retained. If the employee violates the conditions of the probation, the employee may be subject to termination. Removal from probationary status is based upon satisfactory completion of the probationary period, recommendation from the employee's immediate superintendent, and approval of the Mayor.
11-17-5 ADMINISTRATIVE LEAVE. An Employee may be placed on administrative leave by the Mayor with or without pay and benefits pending an investigation based on alleged violation of the municipal policies and procedures. The administrative leave may be extended for the period of time the investigation continues but no longer than thirty (30) days.
11-17‑6 SUSPENSION. Suspension of an employee would be at the discretion of the Superintendent. The suspension will result in a loss of salary for the period of the suspension. Upon return to work the suspended employee will be placed on probationary status for a period not to exceed six (6) months. If the employee violates the conditions of the probation, the employee may be subject to termination. Removal from probationary status is based upon satisfactory completion of a probationary period, a recommendation from the
employee's immediate superintendent, and the approval the Mayor and Village Board. The period of suspension may be up to but not exceeding thirty (30) days off without pay in one calendar year. The suspension may include demotion, and is within the discretion of the Superintendent.
11-17‑7 DISMISSAL. Dismissal shall be used as a disciplinary action of last resort at the discretion of the Mayor and the Village Board. All employees are subject to discharge by the Mayor with the advice and consent of the Village Board during any of the disciplinary steps.
11-17‑8 CODE OF CONDUCT. Disciplinary action may be brought against an employee for the following, including but not limited to:
(A) Violating any provisions of this Personnel Code.
(B) Knowingly falsifying a report.
(C) Being insubordinate to or showing disrespect towards superiors.
(D) Neglecting to perform the job or performing the job inefficiently.
(E) Engaging in any conduct unbecoming of a Village employee or that discredits the Village.
(F) Leaving the assigned job without permission.
(G) Absence from work without leave or permission.
(H) Willfully destroying or damaging any property of the Village.
(I) Taking or giving bribes.
(J) Being under the influence of intoxicating beverages while at work.
(K) Using, manufacturing, distributing, dispensing, or possessing any statutorily defined illegal drugs, narcotics, or controlled substances, or failing to report to the employee's Superintendent any arrest or conviction for using, manufacturing, distributing, dispensing, or possessing any statutorily defined illegal drugs, narcotics, or controlled substance.
(L) Failure of any employee to notify their Superintendent within five (5) days after an arrest or conviction of a violation of any local, state, or federal criminal drug statute.
(M) Using a Village vehicle without the knowledge of the immediate supervisor.
(N) Improperly operating a Village vehicle or permitting an unauthorized person to operate a Village vehicle.
(O) Excessive unexcused absence from work or tardiness.
(P) Possession of explosives, firearms or other dangerous weapons on Village premises, unless otherwise permitted.
(Q) Use of overtime for other than work purposes.
(R) Failure to follow any safety rules, regulations, or manuals.
(S) Gambling during working hours around Village premises.
(T) Sleeping on the job.
(U) Being discourteous to the public.
(V) Engaging in or instigating or causing an interruption or impeding work.
(W) Substantial misrepresentation of facts in obtaining employment with the Village.
(X) The use or consumption of Village property for personal or private purposes, or the use of Village employees during working hours for such purposes.
(Y) Disorderly conduct during working time or on Village premises, including fighting, interfering with work of another, or threatening or abusing any person by word or act.
(Z) Unauthorized use of Village property such as Village owned vehicles, equipment and materials.
(AA) Abuse of sick leave by misrepresentation of the leave request
(BB) Violation of a written order of a Superintendent.
(CC) Failure to pay legitimate debts, thus exposing the Village to harassment by creditors.
(DD) Using profanity on the job.
(EE) Releasing confidential information.
(FF) Using or attempting to use an official position to secure special privileges, exemptions, or personal gain except as may be otherwise provided by law.
(GG) Engaging in disreputable acts and not conducting themselves with "good moral character".
(HH) Abuse of telephone usage.
(II) Theft of any Village or employee property.
(JJ) Discriminating against any person, individual, entity, co‑employee, on the basis of race, color, religion, sex, national origin, age, handicap or disability, ancestry, marital status, sex harassment or any other prohibited form of discrimination under federal or state law or government contract or grantee regulations.
(KK) Failure to perform essential functions of his/her position.
(LL) Abusing Village computer equipment.
(MM) Charged with misdemeanor or felony.
(NN) Allowing drug and/or alcohol in or on machinery and/or vehicles.
11-17‑9 POLITICAL ACTIVITIES. No form of discipline can occur because of any employee's political activity or political beliefs. This prohibition on discipline does not apply to individuals in policy making or confidential positions or where an overriding interest or vital importance exists which requires that an employee's political beliefs and activities conform to those of the Superintendent or the Corporate Authorities.
The Village also recognizes that false accusations can have serious affects on innocent men and women. We trust that all employees will continue to act in a responsible and professional manner to establish a pleasant working environment free of discrimination.
ARTICLE XVIII ‑ MISCELLANEOUS
11-18‑1 GRIEVANCE PROCEDURE. The purpose of a grievance procedure is to establish and maintain harmonious and cooperative working relationships between the Village and its employees, to assure equitable treatment of employees, and to provide expeditious means of resolving employee dissatisfaction over circumstances or conditions of employment.
Strict adherence to the grievance procedures and time limits is mandatory, except that the time limits may be extended for good cause.
A grievance is defined as a dispute, disagreement, complaint, or any matter concerning any terms or conditions of employment, or concerning the application of any departmental policy, or concerning any employee relationship, or work related issue.
As used in this Article, the term days shall mean working days of the employee filing the grievance.
At any step, if a written response is not provided to the grieving employee within the ten (10) day time frame, the grievance will be considered denied at that step, and the employee may proceed to the next step.
If any Superintendent is disciplined and/or discharged by the Mayor with the advice and consent of the Village Board, the discipline and/or discharge shall constitute the final resolution of the matter and there shall be no access in this instance to the various steps of the grievance procedure. The failure of a reappointment of a Superintendent by the Mayor shall not be interpreted to constitute discipline and/or discharge of an ongoing employment relationship with the Village.
(A) A grieving employee shall within five (5) days after he learns of the circumstances or conditions which prompted the grievance, submit the grievance to the employee's Superintendent, in writing, informing such Superintendent of the grievance and the particulars concerning the same. The Superintendent shall provide a written response to the grieving employee within ten (10) days after receiving the grievance.
(B) If the grievance is not resolved to the employee's satisfaction, the employee may submit the grievance to the Mayor by summarizing the grievance in writing.
The grievance must be submitted to the Mayor within five (5) days of the decision of the Superintendent.
For all other employees, the grievance shall be before the Mayor.
(See Appendix “C” for Disability Act Procedure.)
11-18‑2 LAYOFFS. In the event it becomes necessary to layoff employees for any reason, employees will be laid off based on the following criteria: Employee's knowledge, skills, and abilities in relation to positions available, lack of work, lack of funds, the employee's length of service, the employee's work record including commendations as well as disciplinary action, the employee's attitude and relations with other employee's as well as other agencies and change in duties of the department. The employee shall receive two (2) weeks' notice.
11-18‑3 RESIGNATION. Sick leave, vacation, and retirement fund benefits cease at midnight on the date of termination. Life and health insurance will cease at the end of the month of the termination. Employees may elect to continue participation in the plan on a self-pay basis as provided by federal statutes. The employee will be paid for each day of accrued and unused vacation time. Monies accumulated in the employee's retirement account may be refundable, according to IMRF Rules. Forms required to request this refund are available from the Village Clerk's office.