Bill Text: IL HB3768 | 2017-2018 | 100th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3768 Detail]

Download: Illinois-2017-HB3768-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3768 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
50 ILCS 105/4.1 new
820 ILCS 40/8 from Ch. 48, par. 2008
Amends the Public Officer Prohibited Activities Act. Defines "auditing official", "employee", "improper governmental action", and "retaliation". Provides that it is prohibited for a unit of local government, any agent or representative of a unit of local government, or another employee to retaliate against an employee who (1) reports an improper governmental action, (2) cooperates with an investigation by an auditing official related to a report of improper governmental action, or (3) testifying in a proceeding or prosecution arising out of an improper governmental action if the employee files a report with the auditing official regarding improper governmental action. Provides that the reports are confidential as allowed by law. Provides for procedures for the auditing official to process reports. Provides for remedies available to an employee who has been subject of an improper governmental action. Provides for penalties for retaliation against a report of improper governmental action. Amends the Personnel Record Review Act. Provides that records of disciplinary action must be kept for 10 years rather than 4 years.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Officer Prohibited Activities Act is
amended by adding Section 4.1 as follows:
(50 ILCS 105/4.1 new)
Sec. 4.1. Retaliation against a whistleblower.
(a) It is prohibited for a unit of local government, any
agent or representative of a unit of local government, or
another employee to retaliate against an employee who:
(1) reports an improper governmental action under this
Section;
(2) cooperates with an investigation by an auditing
official related to a report of improper governmental
action; or
(3) testifying in a proceeding or prosecution arising
out of an improper governmental action.
(b) To invoke the protections of this Section, an employee
shall make a written report of improper governmental action to
the appropriate auditing official. An employee who believes he
or she has been retaliated against in violation of this Section
must submit a written report to the auditing official within 60
days of gaining knowledge of the retaliatory action. If the

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

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

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

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

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