100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3768

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 105/4.1 new
820 ILCS 40/8  from Ch. 48, par. 2008

    Amends the Public Officer Prohibited Activities Act. Defines "auditing official", "employee", "improper governmental action", and "retaliation". Provides that it is prohibited for a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee who (1) reports an improper governmental action, (2) cooperates with an investigation by an auditing official related to a report of improper governmental action, or (3) testifying in a proceeding or prosecution arising out of an improper governmental action if the employee files a report with the auditing official regarding improper governmental action. Provides that the reports are confidential as allowed by law. Provides for procedures for the auditing official to process reports. Provides for remedies available to an employee who has been subject of an improper governmental action. Provides for penalties for retaliation against a report of improper governmental action. Amends the Personnel Record Review Act. Provides that records of disciplinary action must be kept for 10 years rather than 4 years.


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Officer Prohibited Activities Act is
5amended by adding Section 4.1 as follows:
 
6    (50 ILCS 105/4.1 new)
7    Sec. 4.1. Retaliation against a whistleblower.
8    (a) It is prohibited for a unit of local government, any
9agent or representative of a unit of local government, or
10another employee to retaliate against an employee who:
11        (1) reports an improper governmental action under this
12    Section;
13        (2) cooperates with an investigation by an auditing
14    official related to a report of improper governmental
15    action; or
16        (3) testifying in a proceeding or prosecution arising
17    out of an improper governmental action.
18    (b) To invoke the protections of this Section, an employee
19shall make a written report of improper governmental action to
20the appropriate auditing official. An employee who believes he
21or she has been retaliated against in violation of this Section
22must submit a written report to the auditing official within 60
23days of gaining knowledge of the retaliatory action. If the

 

 

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1auditing official is the individual doing the improper
2governmental action, then a report under this subsection may be
3submitted to any State's Attorney.
4    (c) Each auditing official shall establish written
5processes and procedures for managing complaints filed under
6this Section, and each auditing official shall investigate and
7dispose of reports of improper governmental action in
8accordance with these processes and procedures. If an auditing
9official concludes that an improper governmental action has
10taken place or concludes that the relevant unit of local
11government, department, agency, or supervisory officials have
12hindered the auditing official's investigation into the
13report, the auditing official shall notify in writing the chief
14executive of the unit of local government and any other
15individual or entity the auditing official deems necessary in
16the circumstances.
17    (d) An auditing official may transfer a report of improper
18governmental action to another auditing official for
19investigation if an auditing official deems it appropriate,
20including, but not limited to, the appropriate State's
21Attorney.
22    (e) To the extent allowed by law, the identity of an
23employee reporting information about an improper governmental
24action shall be kept confidential unless the employee waives
25confidentiality in writing. Auditing officials may take
26reasonable measures to protect employees whom reasonably

 

 

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1believe they may be subject to bodily harm for reporting
2improper government action.
3    (f) The following remedies are available to employees
4subjected to adverse actions for reporting improper government
5action:
6        (1) Restitution. Auditing officials may reinstate,
7    reimburse for loss wages or expenses incurred, promote, or
8    provide some other form of restitution.
9        (2) In instances where an auditing official determines
10    that restitution will not suffice, the auditing official
11    may make their investigation findings available for the
12    purposes of aiding in that employee or the employee's
13    attorney's effort to make the employee whole.
14    (g) A person who engages in prohibited retaliatory action
15under subsection (a) is subject to the following penalties: a
16fine of no less than $500 and no more than $5000, suspension
17without pay, demotion, discharge, civil or criminal
18prosecution, or any combination of these penalties, as
19appropriate.
20    (h) Every employee shall receive a written summary or a
21complete copy of this Section upon commencement of employment
22and at least once each year of employment. At the same time,
23the employee shall also receive a copy of the written processes
24and procedures for reporting improper governmental actions
25from the applicable auditing official.
26    (i) As used in this Section:

 

 

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1    "Auditing official" means any elected, appointed, or hired
2individual, by whatever name, in a unit of local government
3whose duties are similar to, but not limited to, receiving,
4registering, and investigating complaints and information
5concerning misconduct, inefficiency, and waste within the unit
6of local government; investigating the performance of
7officers, employees, functions, and programs; and promoting
8economy, efficiency, effectiveness and integrity in the
9administration of the programs and operations of the
10municipality. If a unit of local government does not have an
11"auditing official", the "auditing official" shall be a State's
12Attorney of the county in which the unit of local government is
13located within.
14    "Employee" means anyone employed by a unit of local
15government, whether in a permanent or temporary position,
16including full-time, part-time, and intermittent workers.
17"Employee" also includes members of appointed boards or
18commissions, whether or not paid. "Employee" also includes
19persons who have been terminated because of any report or
20complaint submitted under this Section.
21    "Improper governmental action" means any action by a unit
22of local government employee, an appointed member of a board,
23commission, or committee, or an elected official of the unit of
24local government that is undertaken in violation of a federal,
25State, or local government law or rule; is an abuse of
26authority; violates the public's trust or expectation of their

 

 

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1conduct; is of substantial and specific danger to the public's
2health or safety; or is a gross waste of public funds. The
3action need not be within the scope of the employee's, elected
4official's, board member's, commission member's, or committee
5member's official duties to be subject to a claim of "improper
6governmental action". "Improper governmental action" does not
7include a unit of local government personnel actions,
8including, but not limited to employee grievances, complaints,
9appointments, promotions, transfers, assignments,
10reassignments, reinstatements, restorations, reemployment,
11performance evaluations, reductions in pay, dismissals,
12suspensions, demotions, reprimands, or violations of
13collective bargaining agreements, except to the extent that the
14action amounts to retaliation.
15    "Retaliate", "retaliation", or "retaliatory action" means
16any adverse change in an employee's employment status or the
17terms and conditions of employment that results from an
18employee's protected activity under this Ordinance.
19"Retaliatory action" includes, but is not limited to, denial of
20adequate staff to perform duties; frequent staff changes;
21frequent and undesirable office changes; refusal to assign
22meaningful work; unsubstantiated letters of reprimand or
23unsatisfactory performance evaluations; demotion; reduction in
24pay; denial of promotion; transfer or reassignment; suspension
25or dismissal; or other disciplinary action made because of an
26employee's protected activity under this Section.
 

 

 

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1    Section 10. The Personnel Record Review Act is amended by
2changing Section 8 as follows:
 
3    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
4    Sec. 8. An employer shall review a personnel record before
5releasing information to a third party and, except when the
6release is ordered to a party in a legal action or arbitration,
7delete disciplinary reports, letters of reprimand, or other
8records of disciplinary action which are more than 10 4 years
9old.
10(Source: P.A. 83-1104.)