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Chapter 11 - Employee Code

CHAPTER 11

 

EMPLOYEE CODE

ARTICLE I – GENERALLY

 

 

11‑1‑1        GENERAL CONDITIONS.  There is hereby established and adopted a personnel program for the Village providing for the classifications of positions in the Village service, establishment of a pay review time and adoption of personnel rules and regulations covering such matters as administration, hours of work, overtime, holidays, leaves of absence, demotion and dismissal and political activity, all as developed in detail in this Chapter.

 

 

11‑1‑2        ADMINISTRATION.  The Village Board is hereby authorized and directed to administer the personnel program as provided in this Code. The Mayor and Village Board shall, from time to time, review these rules and regulations and make necessary changes and revisions to keep the personnel program current.

 

 

11‑1‑3        FORMULATE A POLICY.  The Village Board deems it advisable to formulate a policy governing the relationship of the Village and employees of the Village to provide machinery for its administration. In the formulation of this policy, the Board recognizes that the Village is a creature of the State of Illinois and that the employees' relationship policy must conform to the statutes of the State and to the Village Board policy and that within this framework of law, the Village Board must be in final control. Subject to these conditions, the Board can establish governing principals upon which a progressive program of employee relationships may be based.

 

 

11‑1‑4        FAVORABLE LABOR STANDARDS.  The Village Board will support favorable labor standards and employment conditions as are consistent with local welfare, having due regard to the fact that the work of the Village is being financed by the people of Westville, Illinois. All offices and positions subject to Village jurisdiction shall be covered by these rules and regulations except for the following:

          (A)               elected officials;

(B)               appointed officials; or

(C)               members of boards created by ordinance or resolution.


ARTICLE II ‑ QUALIFICATIONS

 

 

11‑2‑1        PROBATIONARY PERIOD.  The Village shall be free to hire qualified employees wherever they may be found. Such new employees shall be hired for a probationary period of ninety (90) days as temporary employees. If the work of the new employee is found satisfactory to the Department Supervisor and the Village Board after the ninety (90) day probationary period, he or she shall be considered a full‑time employee.

 

 

11‑2‑2        CONDITION OF EMPLOYMENT.  No employee of the Village and no one seeking employment with the Village shall be required as a condition of employment, transfer, promotion or retention in service to join or to refrain from joining any organization or association of employees.

 

 

11‑2‑3        NON-DISCRIMINATORY MEMBERSHIP.  There shall be no discrimination against any employee of the Village because of membership or non‑membership in any organization or association of employees.

 

 

11‑2‑4        PERFORMANCE OBLIGATION.  An obligation rests upon each employee of the Village to render honest, efficient and economical service in the performance of the duties as such em­ployee.

 

 

11‑2‑5        STRIKE PARTICIPATION.  During the life of this Code, Village employees, elected officials and appointed officers shall not instigate, call, sanction, condone or participate in any strike, slowdown, stoppage of work, picketing or willful interfer­ence with matters which concern Village operations.


ARTICLE III – JOB CLASSIFICATION

 

 

          11-3-1        WRITTEN JOB CLASSIFICATION.  There shall be prepared a written job classification for each position in all Village services and operations.  Each job classification shall include a title, work definition, distinguishing features of the job, typical examples of work performed, and other pertinent information relative to the qualifications and abilities necessary to perform the duties of that job.

 

 

          11-3-2        INTERPRETATION OF CLASSIFICATIONS.  Particular examples will not be isolated and treated as a full definition of a job classification.  Classifications are descriptive and explanatory of the kind of work to be performed, but not necessarily inclusive of all duties to be performed.

 

 

          11-3-3        CREATE OR ABOLISH.  The Village Board may create or abolish a job classification.

 

 

          11-3-4        ASSIGNMENT.  A new employee shall be assigned to a job classification in accordance with his qualifications.  A part-time employee may be hired outside the job classification.  A part-time employee who shall work more than one (1) year continuous full-time employment at a job for which there is a job classification shall be assigned to that job classification.

 

 

          11-3-5        UNCLASSIFIED POSITIONS.  Supervisory and part-time positions involving duties not comparable with another position may be left as unclassified positions in the salary and wage schedules.  Other than this, each employee shall be assigned to a job classification and shall be paid at the rate therefor.

 

 

          11-3-6        MAINTAIN CLASSIFICATIONS.  It shall be the general practice to keep employees in their regular job classification.


ARTICLE IV ‑ SALARY AND WAGE SCHEDULE

 

 

11‑4‑1        WAGE SCHEDULE.  The salary and wage schedule shall be confirmed by the Board and shall include a minimum and maximum rate of pay for each class in the job classification. The salary and wage schedule shall not be without approval of the Village Board.

 

 

11‑4‑2        ADJUSTMENT OF SALARIES.  At the sole discretion of the Village Board, wages and salaries may be adjusted to meet changes in living costs.

 

 

11‑4‑3        TEMPORARY LOWER CLASSIFICATION.  Any employee may be required to work temporarily at duties in a lower job classifica­tion at his regular pay.

 

 

11‑4‑4        TEMPORARY HIGHER CLASSIFICATION.  Any employee may be required to temporarily, but not to exceed sixty (60) days, work at duties in a higher classification or to temporarily engage in part of the duties in a higher classification at his regular rate of pay.  After sixty (60) days, employee shall be compensated for working at a higher classification. The amount of compensa­tion will be determined by the Mayor and/or applicable committee chairman. Compensation will be retroactive to the date employee started the higher classification duty and will continue until return to regular duty.

 

 

11‑4‑5        REASSIGNMENT.  An employee may be reassigned due to health or age reasons to a job classification which he is capable of performing if an opening exists.

 

ARTICLE V ‑ APPOINTMENTS

 

 

11‑5‑1        METHOD OF APPOINTMENT.  Appointments to all positions shall be made on the basis of education, experience and physical condition without regard to race, color, creed, religion, sex, national origin, or political affiliation.

 

 

11‑5‑2        APPOINTMENT BY MAYOR.  The appointment of employees to both monthly and hourly pay positions shall be made by the Mayor with confirmation from the Village Board.

 

 

11‑5‑3        PROMOTION POLICY.  When possible, it shall be the policy of the Village to promote existing qualified employees rather than to hire new employees.

 

 

11‑5‑4        RELATED EMPLOYEES.  A department supervisor shall not have under his direction or in his department, his spouse or any person related to him in the first degree of consanguinity, i.e., father, mother, son, daughter, sister or brother.

 

 

11‑5‑5        FULL‑TIME EMPLOYEE.  Any person employed by the Village and filling a position that meets both the following requirements shall be considered a full‑time employee:

(A)               The position normally is expected to run continuously.

(B)               A minimum of fourteen hundred (1400) hours annually worked. The following criteria should be used in determination of minimum hours requirement:

(1)      Total hours shall be considered if the employee is expected to split his time between two (2) or more positions having continuity.

(2)      Vacation and holidays shall be included in the minimum hour requirement.

          (C)               Any employee who has been granted benefits as a full‑time employee prior to codification of this Section to the Personnel Code rules shall retain "full‑time" status.


ARTICLE VI ‑ PROBATIONARY PERIOD

 

 

11‑6‑1        DURATION.  The probationary period shall be for the duration of ninety (90) days after appointment and shall apply to all temporary employees or full‑time employees who are transferred or promoted, but shall not apply to part‑time employees. The purpose of the probationary period is to determine the employee's fitness for the position and his ability to satisfactorily perform the work required in that position.

 

 

11‑6‑2        TEMPORARY EMPLOYEE REMOVAL.  If, during the proba­tionary period, the temporary employee is found not to be fit for the position or his performance does not meet the required stand­ards, he may be dismissed or assigned to a new position, only if one exists.

 

 

11‑6‑3        FULL‑TIME EMPLOYEE REMOVAL.  If, during the proba­tionary period, the full‑time employee is found not to be fit for the position or his performance does not meet the required stand­ards, he shall be reassigned to another job only if one exists at a comparable rate of pay, or terminated.

 

 

11‑6‑4        ACCUMULATED VACATION AND SICK LEAVE.  Accumulated vacation and sick leave shall not be lost by the full‑time employ­ee who is transferred or promoted and may be used by the full‑time employee during the probationary period. The full‑time employee shall earn vacation and sick leave during the probationary period and accumulated vacation and sick leave shall not be lost by that employee should he not successfully complete the probationary period.

 

 

11‑6‑5        STATUS OF TEMPORARY EMPLOYEE.  At the end of ninety (90) days, the temporary employee shall automatically receive status as a full‑time employee unless notified in writing that his services are terminated.

 

ARTICLE VII ‑ SECONDARY EMPLOYMENT

 

 

11‑7‑1        OUTSIDE EMPLOYMENT.  Employees are permitted to engage in outside employment subject to the following restrictions, to‑wit:

          (A)               Any outside employment is secondary to Village em­ployment and shall not interfere with proper performance of Village employment.  Employees shall report to work refreshed and ready for work.

          (B)               Employees are prohibited from working for any contractor or company that has a contract with the Village.

          (C)               No employees shall accept employment that requires the use of Village equipment, facilities or materials.

 

 

11‑7‑2        CONFLICT OF INTEREST.  Any doubt as to a possible conflict of interest in regard to the above stated restrictions shall be discussed with the Mayor and/or applicable Committee Chairman.

 

 

ARTICLE VIII ‑ RESIDENCY

 

 

11‑8‑1        RESIDENCY.  Full-time employees must live within six (6) miles from the Village limits, and have six (6) months from their date of hire in which to comply.  (Ord. No. 1400; 03-23-10)

 

ARTICLE IX ‑ SENIORITY

 

 

11‑9‑1        DEFINED.  "Seniority" means an employee's length of continuous service with the Village since his last date of hire. An employee's continuous service shall be broken by voluntary resignation, discharge for just cause, being laid off for more than four (4) consecutive months, or retirement.

 

 

11‑9‑2        CONDITION OF HIRING.  Applicants for Village employment in a job classification shall not be hired while regular employees of that job classification are dividing time or are laid off.

 

 

11‑9‑3        GOVERNING SENIORITY.  Seniority shall govern the return of laid off employees in a given job classification, subject to employee being capable of fulfillment of the duties and qualifications of the job classifications.

 

 

11‑9‑4        PREFERENCE OF VACATION.  When possible, seniority shall prevail when determining choice of days off, work shift, and vacation time.


ARTICLE X ‑ ADVANCEMENTS AND DEMOTIONS

 

 

11‑10‑1      BASIS OF MERIT.  Promotions, demotions, transfers, retention in or termination of employment with the Village shall be made on the basis of merit and efficiency as determined by such factors as intelligence, ability, skill, training and experience.

 

 

11‑10‑2      NON‑DISCRIMINATORY ACTIONS.  Promotions, demotions, transfers, retention in, or termination of employment of an individual by the Village shall be made without regard to race, color, creed, religion, sex, national origin, or political affiliation.

 

 

11‑10‑3      UNSUITABILITY OF EMPLOYEE.  If an employee is doing his assigned or designated work to the best of his ability, but is found by the department supervisor, Mayor or applicable Committee to be unsuited for the job he is assigned to perform, an honest effort shall be made to place him in a different job classification before termination of employment so long as an opening exists in some other job classification.

 

 

11‑10‑4      ADEQUATE PERSONNEL RECORDS.  It shall be the responsibility of the Department Supervisor with the Village Clerk to keep and maintain adequate and current personnel records so that reference can be made to such records for the purpose of appraising an employee's merit and efficiency for possible merit pay increases, promotion, demotion, transfer, retention in, or termination of employment by the Village.

 

 

11‑10‑5      DISMISSAL OR SUSPENSION.  The Department Supervisor, after approval of the Mayor and confirmation by the Board, may dismiss or suspend an employee under his or her supervision. Similarly, the Village Board, after written notification to the Department Supervisor of the employee, may dismiss or suspend that employee.

 

 

11‑10‑6      CAUSE OF DISMISSAL/SUSPENSION.  In dismissing or suspending an employee, the Village Board shall state, in writing to the employee, the cause or causes for dismissal or suspension. Such notice shall be given to the suspended or dismissed employee within twenty‑four (24) hours.

 

11‑10‑7      SEPARATION FROM PAY STATUS.  Dismissal or suspension shall cause the employee to be separated from his pay status. Suspension of an employee shall not exceed thirty (30) working days.

 

 

11‑10‑8      CAUSE FOR DISMISSAL/SUSPENSION.  The following provisions, though not all‑inclusive, shall constitute cause for dismissal or suspension, to‑wit:

          (A)               Failure to report to work or refusal to work after reporting to work.

(B)               Reporting to work under the influence of alcohol, or drinking on the job.

(C)               Repeated tardiness, or unauthorized absences.

(D)               Incompetency, inefficiency, dishonesty, or disobedience.

(E)                Unauthorized use of or appropriation to individual use of Village equipment, property, materials, or inventories.

(F)                Failure to pay undisputed debts in a timely manner.

          (G)               Misconduct, including off‑duty hours when such misconduct brings discredit to the Village.

          (H)               Inability or incapacity to perform duties.

(I)                Failure to observe Local, State and Federal laws or regulations and Village policies.

          (J)                Absence without leave.

(K)               Claiming sick leave when physically fit to work.


ARTICLE XI ‑ LAYOFFS

 

 

11‑11‑1      LAYOFFS BY SENIORITY.  The Village Board may lay off an employee whenever such action is made necessary by reason of shortage of work funds, abolition of a position, or change in organization. Layoffs, when necessary, shall be governed according to the length of service of the employee within a job classification and length of service of the employee.

 

 

ARTICLE XII ‑ GRIEVANCE

 

 

11‑12‑1      ADJUSTMENT POLICY.  It shall be the policy of the Village to promptly and fairly adjust the grievances of its employees. Within the framework of existing laws and regulations, every effort shall be made to adjust grievances in a manner mutually satisfactory to all involved. An employee who believes that he has received inequitable treatment because of some condition of his employment may appeal for relief from that condition through the following supervisory channels, to‑wit:

          (A)               An employee shall first discuss any grievance with his Department Supervisor/Mayor or Committee Chairman.

          (B)               Should there be no adjustment made between the em­ployee and his Department Supervisor or Committee Chairman, they shall discuss the grievance with the Mayor.

          (C)               If, after proceeding through the above channels, there is no satisfactory settlement of the grievance, the employee shall reduce the grievance to writing and shall submit copies of it to the Village Board, the Mayor, the Village Clerk, and the Department Supervisor. The Board shall hold a meeting at a time mutually agreed upon between the Board and the individual so as not to interfere with the operations of the Village. The decision of the Board regarding the grievance shall be final.

 

 

ARTICLE XIII - DUTY REGULATIONS REGARDING POLICEMEN

 

 

11‑13‑1      POLICEMEN.  See Chapter 30, entitled "Public Safety" of the "Revised Code of Ordinances" (if any).


ARTICLE XIV ‑ REGULAR HOURS OF WORK AND TIME CARDS

 

 

11‑14‑1         NORMAL WORK WEEK.  A normal work week shall be that work week established and approved by the Village Board and/or the applicable committee; in the case of the office secretary, the Village Clerk. Personnel considered working extra hours or days because of emergencies and court appearances involving Village matters, are, with the approval of the Mayor and/or applicable committee chairman, authorized extra shift pay.

          Employee is to be paid by the hour for additional work which is continuous of regular hours or if additional work time runs into regular hours. If employee is called out and neither of the above exists, a minimum of two (2) hours is to be paid.

 

 

          11-14-2          TIME CARDS.  To comply with the law, all non-exempt employees are required to complete time cards indicating time worked and leave taken.

          The following rules must be observed regarding the use of time cards:

          (A)                Employees should not work more than seven (7) minutes before or seven (7) minutes after their shift.  Exceptions are permissible only when an employee has received advance written approval by his supervisor to work overtime.

          (B)                Employees must use only their own assigned time card.  Violators are subject to discipline including but not limited to immediate dismissal.

          (C)                An employee’s supervisor must authorize in writing overtime before it is worked.

          (D)                The employee and his supervisor must initial any modifications or alterations to an employee’s time card or time sheet.

          (E)                Employees must sign their time cards or time report at the end of each pay period, provided they are completely correct.

          (F)                Any employee found violating this policy will be subject to discipline including but not limited to immediate dismissal.

(Ord. No. 13-1439; 09-18-13)

 

 

ARTICLE XV ‑ PAY PERIODS

 

 

11‑15‑1          ESTABLISHED.  The pay periods for employees shall be weekly on Wednesday.

 

 

11‑15‑2         ADDITIONAL PAY.  If the employee is entitled to additional pay, department heads shall submit such extra time for approval by the Mayor and/or applicable Committee Chairman.


ARTICLE XVI ‑ HOLIDAYS

 

 

11-16‑1      PAID HOLIDAYS ESTABLISHED.  All full‑time employees except full-time employees of the Westville Police Department shall be entitled to the following holidays with pay:

 

          New Year's Day                                     Veteran’s Day

Martin Luther King Jr. Birthday               Thanksgiving Day

Spring Holiday                                       Day after Thanksgiving

Memorial Day                                        Christmas Eve Day

Independence Day                                Christmas Day

Labor Day                                             New Year’s Eve Day

Employee Individual Birthday

(Ord. No. 12-1421; 02-21-12)

 

 

11‑16‑2      ADDITIONAL HOLIDAY PAY.  Employees required to and do work on any one (1) or more of the holidays listed in Section 11-16-1 above shall be paid time and one‑half pay for the time worked on that holiday based upon the employee’s current hourly wage or their prorated salary pay.  (Ord. No. 12-1421; 02-21-12)

 

ARTICLE XVII ‑ VACATIONS

 

 

11‑17‑1      POLICY ESTABLISHED.  Part‑time employees shall not be permitted a paid vacation leave. Full‑time employees shall be entitled to vacations with pay as follows, to‑wit:

          (A)               One (1) year of service                                              1 week

          (B)               Two (2) years to four (4) years                                  2 weeks

          (C)               Five (5) years to nine (9) years                                  3 weeks

          (D)               Ten (10) years                                                          4 weeks

 

 

11‑17‑2      VACATION NOT CUMULATIVE.  All employees shall have an anniversary date on the day of their employment. Vacation time shall be taken in the year accumulated.

 

 

11‑17‑3      ENTITLEMENT.  In order for an employee to be entitled to the vacation as provided in Section 11-17‑1, the employee must work a minimum of ten (10) months of that year.

 

 

11‑17‑4      VACATION PERIOD HOLIDAY.  If a holiday falls during the vacation period, the employee shall be granted an extra working day of vacation leave. The employee shall not be permitted to accumulate vacation time.

 

 

11‑17‑5      VACATION SCHEDULING.  The Department Supervisor with the applicable Committee Chairman are responsible for scheduling vacations. In so doing, individuals shall take into consideration seasonal demands and needed manpower in their respective departments. Employees must request vacation leave at least thirty (30) days prior to the start of such vacation.

 

 

11‑17‑6      SENIORITY DETERMINES SCHEDULING.  In cases where two (2) or more employees desire the same vacation period, consideration shall be given the employee having the most seniority.

 

 

11‑17‑7      MINIMUM SCHEDULING.  Employees shall schedule their vacation period for a minimum of one (1) week; however, if applicable, the third (3rd) week may be taken a day at a time.

 

11‑17‑8      TEMPORARY POSTPONEMENT.  Vacation requests may be denied temporarily in an emergency or when the granting of vacation would result in insufficient manpower by reason of another employee or employees being on sick leave or vacation time.

 

 

11‑17‑9      DISMISSED EMPLOYEE ENTITLEMENT.  In the event an employee is entitled to vacation time and is then dismissed from his employment, the Village shall pay the dismissed employee for the amount of vacation time to which he is entitled.

 

 

 

ARTICLE XVIII ‑ RESERVED

 

 

 

ARTICLE XIX ‑ JURY DUTY

 

 

11‑19‑1      LEAVE OF ABSENCE.  An employee in the service of the Village shall be granted a leave of absence with pay upon appearance before a court, legislature or other body as a witness in a proceeding involving the Federal Government, the State of Illinois, or a political subdivision thereof, in response to a subpoena or other direction by proper authority or attendance in court in connection with his official duties.

 

 

11‑19‑2      JURY DUTY.  In case of jury duty, the employee's compensation from the Village during his leave for jury duty shall equal the difference between his regular compensation and the compensation paid for jury duty.

 

 

11‑19‑3      VERIFYING JURY DUTY.  The employee must provide a memorandum from the Court Clerk verifying his performance of jury duty.

 

 

11-19‑4      RETURN TO DUTY.  The employee must report back to his assigned job during the normal working hours if not on active duty as a juror or witness.


ARTICLE XX ‑ MILITARY LEAVE

 

11-20‑1         GRANTED LEAVE.  Leave by an employee for military service will be granted in accordance with Illinois Compiled Statutes.

 

11-20‑2         APPLICATION.  For military leave, application must be made out by the employee prior to his military duty and on return, the employee must supply evidence as to the dates such military duty was performed.  Only full‑time employees of the Village are entitled to military leave.

 

11-20‑3         MILITARY RESERVE DUTY.  Military reserve duty of all full‑time employees shall be compensated by the Village not to exceed two (2) weeks if not paid by the Federal Government.

 

 

ARTICLE XXI ‑ BEREAVEMENT LEAVE

 

11-21‑1         GRANTED.

          (A)                Bereavement leave with pay, not to exceed three (3) consecutive days following the death in the immediate family of the employee or their spouse, shall be granted by the Department Supervisor, Mayor and/or applicable Committee Chairman.  Immediate family consists of spouse, child, grandchild, parent, sibling, in-laws, or grandparent and any step-relationships that fall under the preceding relationships.  The leave days must be consecutive, one of which must include the funeral, unless the funeral is on a Saturday, Sunday or holiday, in which case the three (3) working days must bridge the date of the funeral.  (Ord. No. 12-1427; 06-19-12)

          (B)                Should the funeral not take place during the three (3) days immediately following the death of the individual, the leave will be granted to be taken within ten (10) calendar days of the death, provided proof of the funeral date is furnished and all other provisions in paragraph (A) are met.

          (C)                Bereavement leave with pay, not to exceed one (1) day, shall be granted by the Department Supervisor, Mayor and/or applicable Committee Chairman for funeral attendance following the death of an aunt, uncle, niece or nephew of the employee or their spouse.  (Ord. No. 09-1386; 02-10-09)

 

11-21‑2         NOTIFICATION.  In order to receive such pay, the employee must notify the Department Supervisor, Mayor and/or applicable Committee Chairman at the earliest possible opportunity.

 

 

ARTICLE XXII ‑ MATERNITY LEAVE

 

 

11-22‑1         MAXIMUM LEAVE.  In the event a full‑time employee becomes pregnant while in the employment of the Village, the employee shall be permitted to remain in the employment of the Village, provided she is capable of satisfactorily performing her assigned duties.  The employee shall be granted, if requested in writing a maximum of six (6) months leave of absence without pay unless sooner able to return to work.


ARTICLE XXIII ‑ LEAVE OF ABSENCE WITHOUT PAY

 

 

11-23‑1         GRANTED LEAVE.  Any employee of the Village who is mentally or physically unable to perform his duties in a satisfactory manner and has exhausted his sick leave and vacation benefits as heretofore noted may, upon written request of his attending physician and with the approval of the Mayor and/or applicable Committee Chairman, be granted a leave of absence without pay not to exceed one (1) year. Such leave will be granted only when it is deemed to be in the best interest of the Village. The Village may cancel such a leave of absence at any time upon written notice to the employee by the Village Clerk specifying a reasonable date of termination of this leave.

 

 

11-23‑2         WRITTEN MONTHLY REPORTS.  It shall be the obligation of the employee on leave of absence without pay for reasons noted herein to furnish the Village Clerk with written monthly reports from the attending physician as to his mental or physical condition.

 

 

11-23‑3         SENIORITY RETAINED.  An employee, while on approved leave of absence without pay shall not be entitled to an addition of seniority, but shall retain his accumulated seniority.

 

 

ARTICLE XXIV ‑ RETIREMENT

 

11-24‑1         POLICY ESTABLISHED.  It is the policy of the Village that all employees shall be required to retire upon attaining the age of seventy (70) years except in those cases where health or disability may require retirement at an earlier age.

 

 

11-24‑2         WRITTEN NOTICE.  Any employee resigning from Village Clerk, Mayor and/or applicable Committee Chairman at least two (2) weeks prior to the effective date of termination.

 

 

ARTICLE XXV ‑ MISCELLANEOUS

 

11-25‑1         INTERPRETATION.  This Code and interpretation thereof shall be governed in accordance with the laws of the State of Illinois.

 

 

ARTICLE XXVI - PERSONAL LEAVE

 

            11-26-1          ELIGIBILITY.  All full-time employees of the Village who are eligible shall be entitled to five (5) days of personal leave per calendar year.  Eligibility begins after employee has completed six (6) months of service with the Village.  There shall be no accumulation of personal days.

 

ARTICLE XXVII ‑ SEXUAL HARASSMENT POLICY

 

 

11‑27‑1      PREAMBLE.  The purpose of this policy is to (1) more clearly define sexual harassment, and (2) more clearly state the policy of the Village regarding such behavior.  Sexual harassment is a violation of basic human rights fully recognized by the State of Illinois.

 

 

11‑27‑2      POLICY.  It is the responsibility of each individual employee to refrain from sexual harassment, and it is the right of each individual employee to work in an environment free from sexual harassment.  The Village will not tolerate sexual harassment in any form.  Nor will it tolerate false or malicious accusations of sexual harassment.  The Village will remain uncompromised in providing and preserving a professional atmosphere free from sexual harassment of any kind.

 

 

11‑27‑3      DEFINITIONS OF SEXUAL HARASSMENT.  According to the Illinois Human Rights Act, sexual harassment is defined as:

Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature where:

(A)               submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(B)               submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals;

(C)               such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

          The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991.

          One such example is a case where a qualified individual is denied employment opportunities and benefits that are, instead, awarded to an individual who submits (voluntarily or under coercion) to sexual advances or sexual favors.  Another example is where an individual must submit to unwelcome sexual conduct in order to receive an employment opportunity.

          Other conduct commonly considered to be sexual harassment includes:

          -         Verbal:  Sexual innuendoes, 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 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 or slogans of a sexual nature.

 

-         Physical:  Touching, unwelcome hugging or kissing, pinching, brushing the body, coerced sexual intercourse, or actual assault.

Sexual harassment most frequently involves a man harassing a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.

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 trend in the courts is to assess sexual harassment by a standard of what would offend a "reasonable woman" or a "reasonable man", depending on the gender of the alleged victim.

An example of the most subtle form of sexual harassment is the use of endearments. The use of terms such as "honey", "darling", and "sweetheart", is objectionable to many women who believe that these undermine their authority and their ability to deal with men on an equal and professional level.

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 the individual perceptions and values. To avoid the possibility of offending an employee, it is best to follow a course of conduct above reproach, or to err on the side of caution.

 

 

11‑27‑4      RESPONSIBILITY OF INDIVIDUAL EMPLOYEES. Each individual employee has the responsibility to refrain from sexual harassment in the workplace.

An individual employee who sexually harasses a fellow worker is, of course, liable for his or her individual conduct.

The harassing employee will be subject to disciplinary action up to and including discharge in accordance with the Authority's policy or a bargaining agreement, as appropriate.

An employee who either observes or believes herself/himself to be the object of sexual harassment is responsible for reporting the incident(s) to his/her supervisor or the EEO Officer.

 

 

11‑27‑5      RESPONSIBILITY OR 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 you would deal with other forms of employee misconduct.

 

The courts have found that the organization 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, or on the supervisor acting as an agent of the organization. As such, supervisors must act quickly and responsibility not only to minimize their own liability but also that of the agency.

Specifically, a supervisor must address and observed incident of sexual harassment or a complaint with seriousness, take prompt action to investigate it, report it and end it, implement appropriate disciplinary action, 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. The agency's Equal Employment Opportunity (EEO) Officer will consult with supervisors on the proper procedures to follow.

Supervisors must report any incidents or complaints of sexual harassment to the Authority's EEO Officer on the date of the alleged occurrence, or the very next business day.

In addition, supervisors must ensure that no retaliation will result against an employee making a sexual harassment complaint.

 

 

11‑27‑6      PROCEDURES FOR FILING A COMPLAINT.  An employee who either observes or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to both the supervisor and offending employee. It is not necessary for sexual harassment to be directed at the person making the complaint.

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.

No one making a complaint will be retaliated against even if the complaint made in good faith is not substantiated. In addition, any witness will be protected from retaliation.

The process for making a complaint about sexual harassment falls into several stages.

(A)               Direct Communication. If there is sexually harassing behavior in the workplace, the harassed employee 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 verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.

 

          (B)               Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor or the EEO Officer.  If the harasser is the immediate supervisor, the problem should be reported to the next level of supervisor or the EEO Officer.

(C)               Formal Written Complaint. An employee may also report incidents of sexual harassment directly to the EEO Officer.  The EEO Officer will counsel the reporting employee and be available to assist with filing a formal complaint.  The EEO Officer will fully investigate the complaint and advise the complainant and the alleged harasser of the results of the investigation.

(D)               Resolution Outside Village.  It is hoped that most sexual harassment complaints and incidents can be resolved within an agency.  However, an employee has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR complaint shall be filed within one hundred eighty (180) days of the alleged incident(s) unless it is a continuing offense.  A complaint with the EEOC shall be filed within three hundred (300) days.

An employee who is suddenly transferred to a lower paying job or passed over for promotion, after filing a complaint with IDHR or EEOC, may file a retaliation charge, also due within one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation.

An employee who has been physically harassed or threatened while on the job may also have grounds for criminal charges of assault and battery.

 

 

11‑27‑7      TRAINING.  The EEO Officer is responsible for ensuring that supervisors and staff are trained and made aware of the full range of practices that might constitute sexual harassment.

 

 

11‑27‑8      FALSE AND FRIVOLOUS COMPLAINTS.  False and frivolous charges refer to cases where the accuser is using a sexual harassment complaint to accomplish some end other than stopping sexual harassment. It does not refer to charges made in good faith which cannot be proven. Given the seriousness for the accused, a false and frivolous charge is a severe offense that can itself result in disciplinary action.

 

ARTICLE XXVIII – DRUG AND ALCOHOL POLICY

 

 

11‑28‑1      PURPOSE. The purpose of this policy is to perform the necessary drug and alcohol testing pursuant to the federally mandated requirements under 49 CFR Part 40 and Part 382.  The drug-related requirements of this policy become effective February 1, 1996.  The alcohol-related requirements under this policy become effective February 1, 1996.

 

 

          11-28-2      COVERED EMPLOYEES.  This policy applies to employees who are motor carrier operators or drivers who are covered under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. § 2701 et seq.) pursuant to the Omnibus Transportation Employee Testing Act of 1991 (49 U.S.C. § 40).

          If there is a conflict between any provisions or terms contained in this drug and alcohol policy and any other drug and alcohol policy administered by the Village, this drug and alcohol policy shall supersede the other policies with respect to the covered employees under this policy.

 

 

          11‑28‑3      DEFINITIONS.  For the purpose of this policy, the words and terms defined in this Section shall have the meaning therein given, unless the context otherwise clearly requires.

          “Driver” means any person who operates a commercial motor vehicle as defined in 49 CFR Part 382.107.  This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the Village or who operate a commercial motor vehicle at the direction of or with the consent of the Village.  For the purpose of pre-employment/pre-duty testing only, the term driver includes a person applying to the Village to drive a commercial motor vehicle.

          “Safety-Sensitive Function” means any of those on-duty functions set forth in 49 CFR Part 395.2, paragraphs (1) through (7).

 

 

          11-28-4      USE PROHIBITED.  The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on all Village premises, in any Village-owned or leased motor vehicle, or other location at which the driver is to perform work.  Nor will the Village hire or retain any individual who uses or possesses any illegal drug, in any amount and regardless of frequency, or any individual who engages in prohibited alcohol-related conduct.

          (A)               The Village will maintain a pre-employment screening program designed to prevent hiring anyone who uses any illegal drugs, or engages in prohibited alcohol-related conduct.

 

          (B)               No driver will consume any Schedule 1 drug of the Schedule of Controlled Substance of the Drug Enforcement Administration or any amphetamines, narcotics, opiates, hallucinogenic substances, depressants, stimulants, or any other habit forming drug while on or off duty, except as provided in this Code.

          (C)               No driver shall report for work or drive while impaired by any drug, controlled substance, or with an alcohol breath concentration of .02 or greater.

          (D)               A driver may use a substance administered by or under direction of a physician who has advised the driver that the substance will not affect the driver’s ability to safely operate a motor vehicle.

          (E)                No driver may operate any motor vehicle whose motor senses, sight, hearing, balance, reaction, reflexes or judgment are or may be presumed affected or has consumed any alcohol within four (4) hours.

          (F)                Any driver who sells or otherwise dispenses illegal drugs or alcohol to others on Village premises, in or from a Village-owned or leased motor vehicle is subject to immediate termination.

 

 

          11-28-5      DRUG AND ALCOHOL TESTING.

          (A)               Drug Testing.  The Village will require drug testing in accordance with Federal Motor Carrier Safety Requirements as set forth in Part 40.  Effective August 15, 1994, all urine samples shall be split-samples.  The “primary sample” shall be at least thirty (30) ml of urine; the “split sample” shall be at least fifteen (15) ml.  Failure of the driver to provide that quantity even after a two (2) hour second opportunity following drinking up to twenty-four (24) ounces of water, will cause the driver to be referred for a medical evaluation to develop pertinent information whether the driver’s inability to provide a specimen is genuine or constitutes a refusal to test.  The medical evaluation shall go to the M.R.O. who will make a conclusion in writing to the Village.  While this process is being accomplished the driver shall be placed out of service.

          (B)               Alcohol Testing.  The Village will require alcohol testing in accordance with Federal Motor Carrier Safety Requirements as set forth in Part 40.  Two breath tests are required to determine if a person has a prohibited alcohol concentration.  A “screen test” shall be conducted first.  Any result less than .02 alcohol concentration is considered a “negative test”.  If the alcohol concentration is .02 or greater, a second or “confirmation test” must be conducted.  This test shall be by a “Evidential Breath Testing” device, that prints out the results, date, time, a sequential test number, name and serial number of the E.B.T.  The alcohol test must be conducted by a “Breath Alcohol Technician” (B.A.T.) who is trained to operate that E.B.T. and is proficient in all breath alcohol testing procedures.

          Drivers shall only be tested for alcohol while performing a safety-sensitive function, or just after performing a safety-sensitive function.  Any test .02 or greater but less than .04 shall cause the driver to immediately be removed from driving or any other safety-sensitive function for at least twenty-four (24) hours.  Failure of the driver to provide an adequate amount of breath will cause the driver to be immediately
referred for a medical evaluation to develop pertinent information concerning the driver’s inability to provide the adequate amount of breath is genuine or constitutes a refusal to test.  The physician shall submit a written medical evaluation to the M.R.O. who will make a conclusion in writing to the employer.  While this process is being accomplished the driver shall be placed out of service.

(1)      For the purpose of compliance with the Federal Motor Carrier regulations, all drivers will be required to take and successfully pass urine drug testing and breath alcohol testing.  Refusal to submit to such screening is considered a positive test.

(2)      Pre-Employment.  Applicants for positions as drivers will also be required to take and successfully pass urine drug tests and alcohol breath test before they can be used as drivers; except, applicants that have taken part in qualified programs in the last thirty (30) days and tested in the last six (6) months or in a random program in the last twelve (12) months with no positive results.

(3)      The following information must be obtained on any new driver from previous employers for the past two (2) years: any positive drug test or alcohol test of .04 or greater, including any refusals to be tested.  Every new employee shall provide to the Village a written release which authorizes the Village to obtain the driver’s past drug and alcohol test results.  No driver shall be used for more than fourteen (14) days while these test results are being secured.  Regulations prohibit the use of any driver after fourteen (14) days is these test results have not been obtained.  Any driver found to have had a positive test result in these two (2) years shall cause the employer to further obtain information on the subsequent Substance Abuse Professional’s evaluation and/or determination under Section 382.605 and determined if there was compliance with Sections 382.309 and 382.311.  If not, the driver cannot be used until in full compliance.

(4)      Periodic.  All drivers may be required to submit to a urine drug test and breath alcohol test at least every two (2) years at the same time as the biennial medical examination occurs.

(5)      Reasonable Cause.  Any driver suspected of drug or alcohol use as a result of reasonable evidence upon reporting to work during the work day, or upon completion of his day’s work activity may be subjected to a reasonable cause urine drug or breath alcohol test.  Refusal to submit to such screening will be considered a positive test.  A
reasonable cause observation form must be completed and signed by at least one qualified supervisor within twenty-four (24) hours of the observation that led to a reasonable cause test.

(6)      Random Testing.

(a)      The Village will randomly select fifty percent (50%) of all employees each year for drug testing and twenty-five percent (25%) of all employees each year for breath alcohol testing per the requirements of Section 382.305 and 49 CFR Part 40.

(b)      On a monthly basis our Medical Review Officer (MRO) will from the total group select randomly on his computer a number to be tested that on an annual basis will equal fifty percent (50%) of that total group for random drug testing and twenty-five percent (25%) for breath alcohol testing.  This same process will be repeated each month.

(c)      Once the MRO makes the monthly selections, he will forward that list to the consortium which will notify the employer under whose drug policies those selected are covered.  The Village will be given a date before which the individual must be tested per these random selection processes.  The person to be tested shall not be informed of the need to be tested except just prior to the actual test being performed.

(d)      Failure of the Village to accomplish the above requirements in the time allotted will cause them to be out of compliance with the random testing requirements of 49 CFR Part 40.

(7)      Post Accident Testing.

(a)      The Village will require post-accident urine drug and breath alcohol testing of all employees covered by this policy as required by Section 382.303 and 49 CFR Part 40.

(b)      Post-accident urine drug and breath alcohol testing will be required of those employees who are involved in an accident if the driver receives a citation for a moving traffic violation arising from the accident, there is a fatality or serious accident involving bodily injury or significant property damage.

(c)      The post-accident urine drug test shall be conducted as soon as possible but not later than thirty-two (32) hours after the reportable or fatal accident.  If the test is not administered the employer shall
prepare and maintain on file a record stating the reasons the test was not promptly completed.  If a breath alcohol test is not conducted within two (2) hours a record shall be prepared and retained stating why.  If in eight (8) hours a test is still not conducted, all attempts shall cease and a complete record made of why it was not accomplished.  In addition, the driver shall not consume any alcohol for at least eight (8) hours following an accident or until a breath alcohol test has been accomplished.

(d)      A driver who is seriously injured and cannot provide a urine specimen or breath alcohol test at the time of the accident shall provide the necessary authorization for obtaining medical records and reports that would indicate if a controlled substance or alcohol was in the driver’s system and the level present.

(e)      The employer shall provide the driver with sufficient procedures so that the driver can meet the requirements of paragraphs 4.7(A), (B), (C), (D), and comply with all provisions of 49 CFR Part 40.

(f)      Failure of the driver to be readily available or refusal to give a urine sample or breath alcohol test when the driver has been involved in a fatal accident, accident involving serious bodily injury, or accident with significant property damage, or received a citation for a moving violation, except for a driver who meets the conditions of 4.7(D) shall be considered a refusal to take a test and a positive test result.

 

 

          11-28-6      TEST RESULTS.

          (A)               Drug Test Results.  Test results will be reviewed to determine whether there is any indication of a controlled substance abuse.

(1)      The test results will be reviewed by a Medical Review Officer (MRO).  If there is any evidence of a positive result the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication.

(2)      The results will be released to the Medical Review Officer, who will then release the results to the Village who will maintain them in a secure location with controlled access.

 

          (B)               Alcohol Test Results.  The test results shall be provide on forms established by Subpart C 40.59 Appendix A.  Copy 1 (white) will be retained by the Breath Alcohol Technicians (BAT), copy 2 (green) shall go to the employee, copy 3 (blue) shall be transmitted to the employer.

          (C)               General.

(1)      The test results from all drug and alcohol tests will become a part of the driver’s qualification file which shall be in a secured location with controlled access and retained as specified in Section 382.401.

(2)      The results will not be released to any unauthorized party without written consent.  Every driver upon termination is required to permit in writing the release of their urine drug and breath alcohol test results for at least two (2) years to any future employer.  Every employer is required upon the receipt of a written request of a driver to provide copies of all his or her urine drug and breath alcohol test results promptly to any other possible employer at no charge.

 

 

          11-28-7      EMPLOYEE ASSISTANCE PROGRAM.  An employee assistance program will be conducted by the Village to provide educational information concerning the effects and consequences of drug or alcohol use on personal health, safety and work environment.

          (A)               Every driver will be required to take at least one (1) hour of training each year on substance abuse and alcohol use, and sign a form certifying his/her attendance.

          (B)               Written notice will be given when this training is available.

 

 

          11-28-8      LAWS AND REGULATIONS.

          (A)               The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use status in the work place.

          (B)               Record Keeping.  All records will be retained as listed in Section 382.401.

          (C)               A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of drugs or alcohol, and test results.  Access shall not be contingent upon payment for records other than those requested.

          (D)               Records shall be made available to a subsequent employer upon receipt of a written request from a driver.

          (E)                An employer may disclose information required to be maintained under this policy on a driver, to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of that driver and arising from the results of an alcohol or controlled substance test required by this policy, or from the employer’s
determination that the driver engaged in conduct prohibited by this policy.  (Including but not limited to worker’s compensation, unemployment compensation, or other proceeding related to benefits sought by the driver.)

          (F)                The provisions of this policy may and shall be deemed modified from time to time as may be required by federal or state law including as set forth in federal statutes, Code of Federal Regulations or elsewhere, and such modifications as required by law shall be deemed immediately incorporated herein.  The Village reserves the right to interpret, change, rescind or depart from this policy in whole or in part without notice.

 

 

          11-28-9      DISCIPLINARY ACTION.

          (A)               Violations of this policy will result in termination.

          (B)               Every driver who has engaged in violations of this policy will be advised by the employer of resources available to the driver in evaluating and resolving problems associated with the misuse of drugs or alcohol, even though the driver is terminated.


ARTICLE XXIX – SEXUAL MISCONDUCT

 

 

          11-29-1      PURPOSE OF POLICY.  The Village will not tolerate and will seek to eradicate any behavior by its employees which constitutes sexual misconduct toward another employee, volunteer, intern, or member of the public.  “Sexual misconduct” means any actual, attempted or alleged sexual molestation, assault, abuse, sexual exploitation or sexual injury.  “Sexual misconduct” does not include “sexual harassment”.

 

 

          11-29-2      REPORTING PROCEDURES AND DESIGNATED SEXUAL MISCONDUCT 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 Misconduct Coordinator who shall remain accountable for the implementation and monitoring of this policy.  The identity of the Sexual Misconduct 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 pursuant to this Article.

 

 

          11-29-3      EMPLOYEES.  Employees are required to report any known or suspected incidents of sexual misconduct.  They shall report to their supervisor or the Sexual Misconduct Coordinator.  If the person to whom an employee is directed to report is the offending person, the report should be made to the next higher level of administration or supervision.

 

 

          11-29-4      INVESTIGATION AND CONFIDENTIALITY.  All formal complaints shall be given a full, impartial and timely investigation.  During such investigation, every effort shall be made to protect the privacy rights of all parties although confidentiality cannot be guaranteed.

 

 

          11-29-5      DISCIPLINE.  Any Village employee who is determined, after an investigation, to have engaged in sexual misconduct in violation of this policy shall be subject to disciplinary action up to and including discharge.

 

 

          11-29-6      FALSE ACCUSATIONS.  False accusations regarding sexual misconduct shall not be tolerated, and any person knowingly making a false accusation shall likewise be subject to disciplinary action up to and including discharge.


          11-29-7      RETALIATION AGAINST ACCUSER.  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 participated 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.

 

 

          11-29-8      CHILD ABUSE INCIDENT REPORTING AND FOLLOW-UP.

(A)               Sexual child abuse as used in this Chapter is defined as: Child for the purposes of child abuse is defined as a person under eighteen (18) years of age, who prior to juvenile proceedings, has not been judicially emancipated or emancipated by marriage.  Abuse means any one of the following acts which seriously endanger the physical, mental or emotional health of a child.

(1)      The infliction, attempted infliction, or as a result of inadequate supervision the allowance of the infliction of physical or mental injury upon a child by a parent or any other person.

(2)      The exploitation or overwork of a child by a parent or any other person.

(3)      The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or caretaker of the child’s sexual involvement with any other person or the child’s involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this State.

          Sexual abuse of a minor is a crime.

          (B)               Any case of known or suspected child abuse of a minor shall be reported immediately in compliance with Illinois mandatory reporting guidelines and to the Sexual Misconduct Coordinator, the Village Attorney’s Office, and Police Department.

(C)               In the event that the Sexual Misconduct Coordinator is first notified of an incident of known or suspected child abuse, the Sexual Misconduct Coordinator shall immediately notify the child’s parent or legal guardian as the case may be and the appropriate legal authorities as required by the state or local law.  The Sexual Misconduct 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 Sexual Misconduct Coordinator shall consult and communicate with the Village Attorney as necessary.

          (D)               Any employee involved in a reported incident of sexual misconduct and/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 involved in a reported incident of child abuse shall occur only after all allegations of child abuse have been fully investigated and resolved by the Village.


          11-29-9      MAINTENANCE OF RECORDS AND DOCUMENTS.  The Sexual Misconduct 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.

 

 

          11-29-10    EMPLOYEE ACKNOWLEDGEMENT OF POLICY.  This policy is to be reviewed and signed by all employees and volunteers.

          The undersigned hereby acknowledges that he/she has read this Village Sexual Misconduct Policy, understands the contents thereof and agrees to abide by the terms set forth in the Policy.


ARTICLE XXX – ANTI-BULLYING POLICY

 

 

            11-30-1      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.

 

 

            11-30-2       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.

 

 

            11-30-3       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.

 

 

            11-30-4       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.

 

 

            11-30-5       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 XXXI – DOMESTIC AND SEXUAL VIOLENCE POLICY

 

 

            11-31-1      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.

 

 

            11-31-2       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.

 

 

            11-31-3       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.

 

 

            11-31-4       POLICY.

            (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 11-31-4(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 11-31-4(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 XXXII – SOCIAL MEDIA POLICY

 

 

            11-32-1       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.

 

 

            11-32-2       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.

 

 

            11-32-3       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.

 

 

            11-32-4       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.