§ 2-238. Employee conduct and relations.

6.1 Compensation

Salaries and rates of all village officers and employees shall be established from time to time by the mayor with approval by the board of trustees.

6.2 Benefits

The board of trustees may authorize special payroll deduction plans and programs, such as flexible spending and deferred compensation plans, for the benefit of employees and their families. Such plans and programs may or may not include monetary participation by the employer. Employees are encouraged to consult with a designated administrative department individual regarding the availability and terms of such plans and programs. The village reserves its right to amend or terminate any benefit provision.

6.3 Appearance and Conduct

Each employee is expected to maintain a neat and clean personal appearance, positively reflecting upon individual competency, efficiency, and pride as a village employee. Such appearance shall foster and enhance a professional, efficient and positive image as a village employee.

Employees are discouraged from engaging in conduct which adversely affects the morale or efficiency of an individual department or the village, or which tends to destroy public respect for another employee or representative of the village, and/or destroy confidence in the operation of municipal services. If an employee engages in such conduct, he or she will be subject to disciplinary action, including the possibility of discharge.

6.4 Smoking in Village Buildings

The State of Illinois has promulgated into law Public Act 095-0017, also referred to as the Smoke Free Illinois Act. This Act strictly prohibits smoking in all public places. It also prohibits smoking within 15 feet of any government/public building and in government owned licensed vehicles in the State of Illinois or any political subdivision.

A person, corporation or other entity that violates this policy shall be fined pursuant to this section. Each day that a violation occurs is a separate violation. A person who smokes in an area where smoking is prohibited under this section shall be fined in an amount that is $100 for a first offense and $250.00 for each subsequent offense. A person who owns, or otherwise controls a public place or place of employment that violates this section of this Act shall be fined $250.00 for the first violation, $500.00 for the second violation within one year after the first violation and $2,500.00 for each additional violation within one year after the first violation. A fine imposed under this section shall be allocated as follows:

(1)

One-half of the fines shall be distributed to the department; and

(2)

One-half of the fines shall be distributed to the enforcing agency.

The village adopts the provisions of Public Act 095-0017, and employees are prohibited from smoking or vaping on village property and from smoking or vaping in village vehicles. Smoking refers to the use of traditional tobacco products. Vaping refers to the use of electronic nicotine delivery systems or electronic smoking devices. Electronic smoking devices are commonly called e-cigarettes, e-pipes, e-hookahs and e-cigars.

6.5 Absences

Employees may not absent themselves from work without informing their supervisor (or the supervisor's designated representative) within one hour of the start of the work day. Unauthorized or excessive absences will be grounds for disciplinary action, including dismissal. Employees absenting themselves for three consecutive days, without notice and sufficient cause, shall be terminated. Said employee shall not leave in good standing and shall not be re-instated or paid for unauthorized absences.

6.6 Hours of Work

The standard work day for full-time employees shall be eight in hours duration. Work schedules shall be as established by each department head. Employees shall be entitled to one 15 minute break in the morning, a one hour lunch break and one 15 minute break in the afternoon as scheduled by their supervisor.

Shift workers and part-time personnel shall work a schedule defined by the department head.

All employees, including department heads will submit time records at the end of each payroll period to the payroll administrator. Not working a full eight hours in a day will first reduce compensatory time earned, and then vacation time. Employees who are required to use time clocks shall stamp their own time card. A record of hours worked shall be maintained for each employee. Falsification of any record, including a time card, shall be cause for discipline, including dismissal.

6.7 Tardiness

Any employee who arrives late for work shall not be paid for any time he or she has been absent. Departmental policy may authorize an employee to extend his or her work period to compensate for time missed.

Tardiness shall be grounds for disciplinary action. A pattern of tardiness shall be grounds for disciplinary action, including the possibility of discharge.

6.8 Change of Address

All employees must provide their department head with current addresses and phone numbers. department heads shall provide the administration department or payroll with the current information.

6.9 Residency

Employees of the village must live within 25 miles by land of the village limits of Godfrey. Residents of the village may receive preferential consideration for employment, if all other employment qualifications are equal.

6.10 Physical and Mental Health

An employee must maintain standards of physical and emotional fitness required to perform the essential functions of his or her position. Likewise, all employees are expected to maintain physical and mental conditions which do not interfere with the proper handling of departmental responsibilities and village business.

The village may require an employee to be periodically interviewed by a supervisor or examined by a physician concerning the nature or extent of any claimed physical or mental incapacity. A department head may require an employee to submit to medical or psychological examination by a village approved physician. The village may require an employee to see an additional physician for a secondary opinion during normal working hours. This is permissible at any time that a department head suspects that an employee's physical or mental condition may cause danger to the employee or others, or impairs the employee's performance of the essential functions of his or her professional duties. Reasonable efforts shall be made to schedule appointments during normal working hours.

The cost of any such examination shall be paid by the village, and shall be used only for the purpose of ascertaining an employee's condition relative to employment with the village.

An employee shall provide a medical or psychological work release from a licensed physician, if requested by his or her department head.

6.11 Outside Employment/Activities

An employee's position with the village shall have priority over any other occupational interest of the employee.

An employee engaged in outside employment, must provide the department head with the name of the employer, and a description of the work performed. An employee may not perform any outside work which is, or can be perceived to be, in conflict with the best interest of the village. A determination of whether outside employment is deemed to be detrimental or in conflict with the best interest of the village shall be made by the department head.

An employee should also be careful to avoid appearances of impropriety and should consider how the individual's engagement in an outside activity could reflect upon the village's goodwill. Employees who are absent due to an injury incurred at an outside job shall be ineligible for the accrual of vacation, sick leave, workmen's compensation and insurance benefits during the duration of time absent from employment.

All full time employees who are engaged in outside employment, or who participate in outside activities during normal working hours (e.g. service organizations), must provide the mayor with a description of said outside employment or activities. Also, the employee must specify the number of hours spent on a monthly basis for said outside employment.

6.12 Financial Interests

6.12.1 Employees shall not have a financial interest, directly or indirectly, in any contract or business with the village unless the village board of trustees gives approval due to special circumstances.

6.12.2 No employee shall utilize any prestige, influence, position, time, facilities, equipment, or supplies of the village for private gain or advantage.

6.12.3 No employee shall accept any fee or reward from any source for any services rendered in the performance of village duties without the knowledge of his or her department head.

6.12.4 No employee shall alter his or her performance in any manner whatsoever in recognition of a promise, offered and/or received gift or gratuity including discounted or cost-free goods or services.

6.13 Personal Business During Work Hours

Every attempt shall be made to confine personal business to off-duty hours. Visitors and personal telephone calls are discouraged. Personal long distance telephone calls on village telephones are prohibited, unless prior supervisory permission is given, and the employee reimburses the village for the cost of the call.

Employees may not engage in outside business activities while on duty. Village property may not be used for non-village business unless authorized by any employee's department head, after proper notification to the mayor.

6.14 Payment Due the Village

All employees are expected to be timely in regard to any payments or charges owed the village. Failure to be timely in regard to such charges or payments will result in disciplinary action including, but not limited to payroll deduction and possible dismissal.

6.15 State Officials and Employees Ethics Act

Pursuant to the State Officials and Employees Ethics Act, (5 ILCS 430/1 et seq.), the "Act", all village employees are prohibited from accepting gifts from any prohibited source. Prohibited source means any person or entity who:

(1)

Is seeking official action:

(i)

By the member or officer; or

(ii)

In the case of an employee, by the employee or by the member, officer, state [village] agency, or other employee directing the employee;

(2)

Does business or seeks to do business:

(i)

With the member or officer; or

(ii)

In the case of an employee, with the employee or with the member, officer, state [village] agency, or other employee directing the employee;

(3)

Conducts activities regulated:

(i)

By the member or officer; or

(ii)

In the case of an employee, by the employee or by the member, officer, state [village] agency, or other employee directing the employee;

(4)

Has interests that may be substantially affected by the performance or non-performance of the official duties of the member, officer, or employee; or

(5)

Is registered or required to be registered with the secretary of state under the Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its board of directors.

Section 10-15 of the Act, as amended from time to time, lists the exceptions to the prohibition rule. If any employee does accept a gift from a prohibited source pursuant to one of the exceptions listed in the Act, the employee must disclose said gift on the village's "Inventory" form, a copy of which can be obtained from the employee's department head.

In addition to the penalties provided by state law, a violation of this section will result in disciplinary action, including the possibility of dismissal.

6.16 Electioneering

Employees will not be allowed to circulate political petitions or engage in electioneering in any manner during regular working hours. Employees are subject to certain criminal constraints of the Act prohibiting:

a.

Intimidation of voters;

b.

Interference with nominations for elections;

c.

Promise of employment or other benefits for political activity;

d.

Deprivation of employment or other benefits for political activity;

e.

Solicitation from persons on relief;

f.

Coercion by means of relief appropriations;

g.

Disclosure of names and persons on relief.

6.17 Harassment Policy

The village reaffirms the principle that its employees have a right to be free from discrimination in any form by any other employee; and the village recognizes that harassment, whether overt, implicit, or through misinterpretation, creates potential harm to individual employees, to the person complained of, and to the overall employment climate of the village; and it is the responsibility of each individual employee to refrain from harassment, and it is the right of each individual employee to work in an environment free from harassment.

6.17.1 Sexual Harassment Policy

It is unlawful to harass a person because of that person's sex. 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. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the village to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.

6.17.2 Definition of Sexual Harassment

This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:

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

(1)

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(2)

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3)

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.

Conduct which may constitute sexual harassment includes:

(1)

Verbal. Sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.

(2)

Non-verbal. Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.

(3)

Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.

(4)

Physical. Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.

(5)

Textual/electronic. "Sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).

The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person."

6.17.3 Procedure for Reporting an Allegation of Sexual Harassment

An employee who either observes sexual harassment 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 the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.

Any employee may report conduct which is believed to be sexual harassment, including the following:

(1)

Electronic/direct communication. If there is sexual 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.

(2)

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 of the person making the report, a department head, a director of human resources, an ethics officer, the city manager or administrator, or the chief executive officer of the municipality.

The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment.

6.17.4 Resolution Outside Municipality

The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days.

Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.

All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.

6.17.5 Prohibition on Retaliation for Reporting Sexual Harassment Allegations

No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee's:

1.

Disclosure or threatened disclosure of any violation of this policy;

2.

The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy; or

3.

Assistance or participation in a proceeding to enforce the provisions of this policy.

For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee's involvement in protected activity pursuant to this policy.

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

Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:

1.

Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, state agency, or other state employee that the state employee reasonably believes is in violation of a law, rule, or regulation;

2.

Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, state agency or other state employee; or

3.

Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.

Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule, or regulation. (740 ILCS 174/15(b)).

According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.

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

6.17.6 Consequences of a Violation of the Prohibition on Sexual Harassment

In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the prohibition on sexual harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000.00 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, state law or federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a state or federal agency.

6.17.7 Consequences for Knowingly Making a False Report

A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.

In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the state police, a state's attorney, the attorney general, or any other law enforcement official is guilty of a class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000.00 against any person who intentionally makes a false, frivolous or bad faith allegation.

6.17.7 Whistleblower Protection

The village will fully support and comply with the State of Illinois Whistleblower Act (740 ILCS 174/1 et seq.). A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within the village. The reporting person can be an employee, past employee or contract worker. The noted wrongdoing can be a past act or an ongoing act, or in the planning stages.

There are two types of whistleblowing reporting and disclosure. The first is internal. This means the reported activity is made to someone within the village who has the duty to investigate the disclosed act. The second type is an external disclosure. This means a disclosure is made to a third party outside of the village such as a law enforcement organization, the media or another governmental agency. Whistleblowers will be protected under the Illinois Whistleblower Act.

6.17.8 Anti-bullying

The village considers workplace bullying unacceptable and will not tolerate it under any circumstances. This policy shall apply to all employees, regardless of his or her employee status (i.e., managerial versus hourly, full-time versus part-time, employee versus independent contractor and elected officials). Any employee found in violation of this policy will be disciplined, up to and including immediate termination. Independent contractors found to be in violation of this policy may be subject to contact cancellation.

The village defines bullying as persistent, malicious, unwelcome, severe and pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee, whether verbal, physical or otherwise, at the place of work and/or in the course of employment.

The village promotes a healthy workplace culture where all employees are able to work in an environment free of bullying behavior.

The village encourages all employees to report any instance of bullying behavior. Any reports of this type will be treated seriously, investigated promptly and impartially.

The village further encourages all employees to formally report any concerns of assault, battery, or other bullying behavior of criminal nature to the sheriff's department. The village requires any supervisor who witnesses any bullying, irrespective of reporting relationship, to immediately report this conduct to the [sheriff's department].

The village will protect an employee who reports bullying conduct from retaliation or reprisal.

The village considers the following types of behavior to constitute workplace bullying. Please note, this list is not meant to be exhaustive and is only offered by way of example:

(1)

Staring, glaring or other non-verbal demonstrations of hostility;

(2)

Exclusion or social isolation;

(3)

Excessive monitoring or micro-managing;

(4)

Work-related harassment (work-overload, unrealistic deadlines, meaningless tasks);

(5)

Being held to a different standard than the rest of an employee's work group;

(6)

Consistent ignoring or interrupting of an employee in front of co-workers;

(7)

Personal attacks (angry outburst, excessive profanity, or name-calling);

(8)

Encouragement of others to turn against the targeted employee;

(9)

Sabotage of a co-worker's work product or undermining of an employee's work performance;

(10)

Stalking;

(11)

Unwelcome touching or unconsented-to touching;

(12)

Invasion of another person's personal space;

(13)

Unreasonable interference with an employee's ability to do his or her work (i.e., overloading of emails);

(14)

Repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets;

(15)

Conduct that a reasonable person would find hostile, offensive, and unrelated to the employer's legitimate business interest.

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, the village strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. The village will 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. Individuals who believe they have experience conduct that they believe violates this policy, or who have concerns about such matters, should report their complaints verbally or in writing to his or her supervisor, the village attorney, or the mayor before the conduct becomes severe or pervasive.

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 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.

(Ord. No. 05-2018, 2-20-2018)