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Prohibition of Unlawful Political Discrimination. Training Presentation for Employees under the jurisdiction of the Cook County Board President, Cook County Health and Hospitals System and the Forest Preserve District of Cook County. Agenda. Historical Perspective

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prohibition of unlawful political discrimination
Prohibition of Unlawful Political Discrimination

Training Presentation for

Employees under the jurisdiction of the Cook County Board President, Cook County Health and Hospitals System and the Forest Preserve District of Cook County

agenda
Agenda

Historical Perspective

Prohibition of Unlawful Political Discrimination

Prohibition of Retaliation

Duty to Report

Certification Process

Political Contact Log

Enforcement

historical perspective
Historical Perspective

Shakman Litigation – Prohibition of Unlawful Political Discrimination based on the First Amendment right to free speech and association.

  • 1969 federal civil lawsuit, Michael L. Shakman, et al. v. Democratic Organization of Cook County, et al., No. 69 C 2145 (N.D. Ill.)
  • 1972 Consent Decree prohibits the County and the District from “conditioning, basing or knowingly prejudicing or affecting any term or aspect of governmental employment with respect to one who is already a governmental employee, upon or because of any political reason or factor.”
  • 1994 Consent Decree extended these prohibitions to include Cook County’s and the District’s hiring practices, with certain exclusions.
  • County and District Supplemental Relief Orders (SRO) appointed a Compliance Administrator to resolve individual claims and monitor compliance.
what is unlawful political discrimination
What is Unlawful Political Discrimination?

Directly or indirectly influencing:

  • any term or condition of employment because of political reasons or factors, including political affiliation, political support or activity, political financial contributions, promise of future political support ,or failure to provide support (collectively “Political Consideration”).
  • the issuance of overtime on the basis of political reasons or factors whether based on political affiliation or non-affiliation, political campaign contributions and/or political support.
  • the evaluation of employee performance on the basis of political reasons or factors whether based on political affiliation or non-affiliation, political campaign contributions and/or political support or the failure to provide political support.
  • all other material terms or conditions of government employment.
exempt versus non exempt
Exempt versus Non-Exempt
  • Non-exempt positions: employment positions for which political factors may not be considered.
  • Exempt positions: designated positions for which political factors may be considered for employment.
  • All positions within CCHHS are non-exempt.
prohibition of unlawful political discrimination6
Prohibition of Unlawful Political Discrimination

Cook County, the Cook County Health and Hospitals System (“CCHHS”) and the Forest Preserve District (“District”) of Cook County prohibit unlawful political discrimination.

  • Chapter 44, Article II, Section 44-56 of the Cook County Code prohibits political discrimination in all aspects of Cook County employment, including hiring, promotion, discharge, award of overtime and transfer of employees in non-exempt positions under the Office of the President.
  • Pursuant to state law, the District is required to adhere to the County’s personnel policies; the prohibition of unlawful political discrimination has been further confirmed by Executive Order.
what is prohibited
What is Prohibited?

What is prohibited in employment actions for non-exempt employees or applicants:

  • Recommendations for hiring, promotion or other employment terms from public office holders or political party officials that are not based on personal knowledge of the person’s work skills, work experience or other job related qualifications.
  • Considering the fact that the person worked on a political campaign or belongs to a political organization or political party, or the fact that the person chose not to work on a political campaign or belong to a political organization or political party. 
  • Considering the fact that the person contributed money, raised money or provided something else of value to a candidate for public office or a political organization, or the fact the person chose not to contribute to or raise money for a candidate for public office or political organization.
  • Considering the fact that the person is a Democrat or a Republican or a member of any other political party or group, or the fact that the person is not a member.
examples of prohibited conduct
Conditioning employment, promotion, termination, or transfer on political work or party affiliation

Manipulating interviews, applications or test scores due to political reasons

Awarding overtime, availability of resources, shift and transfer requests based on political factors;

Requiring contributions to any political party as part of any employment action

Permitting job related benefits to induce or reward campaign work

Requiring applicants to have or not have political connections in order to be hired or promoted

Lowering minimum requirements so that a less accomplished, but politically connected, individual can qualify for the position

Permitting politically connected individuals to unfairly avoid discipline

Giving less qualified but politically connected individuals promotions or reclassifications sought by the non-political employees

Subjecting individuals without political protection to false accusations and disciplinary charges

Failing to value self-improvement of employees and instead rewarding political activity and contributions

Subjecting individuals without political protection to harassment at the hands of politically protected supervisors or co-workers

Making an employment related decision motivated by a political consideration

Examples of Prohibited Conduct
what is prohibited retaliation
What is Prohibited Retaliation?

Taking a negative employment action because an employee or applicant:

  • Files a claim of Unlawful Political Discrimination with the Compliance Administrator or court.
  • Files a complaint with the Independent Inspector General, Compliance Administrator or Compliance Officer.
  • Cooperates in an investigation or is a witness.
duty to report
Duty to Report

Cook County Code of Ordinances:

  • Chapter 2, Article IV, Division 5, Cook County Independent Inspector General Ordinance (Ord. No. 07-O-52; 7-31-2007)
  • Chapter 44, Article II, Section 44-56

(Ord. No. 06-O-52, 11-29-2006; Ord. No. 08-O-48, 9-3-2008.)

Cook County Executive Order 2008-1

(9-2-2008)

Forest Preserve District Executive Order 2009-1

(4-1-2009)

what is the duty to report if you see something say something
What is the “Duty to Report”?“If you see something say something”

Employees MUST report the following conduct if they “know” it has or is occurring:

  • Unlawful Political Discrimination
  • Retaliation
  • Political Contacts
  • Ethics violations, criminal actions, corruption, fraud, waste, mismanagement, and misconduct
certification process
Certification Process

All employees involved in any employment action are required to certify in writing that, to the best of their knowledge, political considerations were not involved in the action.

  • Employee certifications include actions taken with respect to applicants and employees.
  • Failure to comply with the prohibitions and/or failure to submit an accurate Certification form may result in discipline (including termination) and other sanctions.

All applicants for employment in non-exempt positions are required to certify that political considerations were not a part of their application process.

political contact log
Political Contact Log

All employees have a Duty to Report any contact with any politically-related person or organization or with any individual acting on behalf of such person or organization, if that contact involves an attempt to inquire about or influence an employment action involving an applicant or employee who is applying for or holds a non-exempt position.

If an employee is contacted, the employee is required to complete the Political Contact Log form and return it directly to the Office of the Independent Inspector General and the Compliance Administrator for Cook County or the District.

Employees are not required to figure out if the political contact is legal; they are only required to report it when it happens.

political contact log cont d
Political Contact Log (cont’d.)

Definitions:

  • Politically-related Person or Organization: Any elected or appointed public official or any person employed by, acting as an agent of, affiliated with, promoting or representing any elected or appointed public official or any political organization or politically affiliated group.
  • Employment Action: Any action that affects a condition of employment including, but not limited to, recruitment, determination of eligibility, interviewing, pay, benefits, selection, hiring, transfer, demotion, promotion, detail, termination, discipline, recall, reemployment, reclassification, granting overtime or other job benefit, changing a job assignment, withholding a benefit, imposing discipline, or any other employment detriment.
who enforces the prohibitions of unlawful political discrimination
Who Enforces the Prohibitions of Unlawful Political Discrimination?
  • Office of the Independent Inspector General
  • Court Appointed Compliance Administrators
  • Compliance Officer/Director for Cook County and District
cook county office of the independent inspector general
Cook County Office of the Independent Inspector General

Mission: The mission of the Office of the Independent Inspector General (OIIG) is to detect, deter and prevent corruption, fraud, waste, mismanagement, unlawful political discrimination and misconduct in the operation of Cook County government (including CCH&HS and the District) with integrity, independence, professionalism and respect for both the rule of law and the people we serve.

Contact Information:

69 W. Washington Complaint HotlineSuite 1160 PHONE: (312) 603-0745Chicago, IL 60602 FAX: (312) 603-9744

ONLINE: http://legacy.cookcountygov.com/OIIG_clean/index.php

In person meetings are scheduled by calling 312-603-0350

cook county and district compliance administrator
Cook County and DistrictCompliance Administrator
  • Mission: The Compliance Administrators’ missions include studying existing employment practices, policies and procedures; observing employment sequences; assisting in formulating a new hiring plan; helping to establish a training program to educate and train supervisors and employees on non-political hiring practices; and making recommendations to the Court as to how to resolve issues.

Contact Information:

Mr. Jan Carlson Ms. Mary Robinson

Cook County Forest Preserve District Cook County Shakman

Shakman Compliance Administrator Compliance Administrator

69 W. Washington Street, Suite 840 69 W. Washington Street, Suite 840 Chicago, IL 60602-3007 Chicago, IL 60602-3007

cookfpshakman.comcountyshakman.com

Telephone: (312) 603-8909 Telephone: (312) 603-8905

Facsimile : (312) 603-9505

cook county and district compliance officers
Cook County and District Compliance Officers

Mission: To ensure the County’s and District’s compliance with the legal prohibitions of unlawful political discrimination through a process of reviewing and monitoring the activities related to government employment.

  • Contact Information: To be provided upon completion of Compliance Officer employment.
conclusion
Conclusion
  • Law and policy prohibit all employees from knowingly inducing, aiding, abetting, participating in, cooperating with the commission of, or threatening to condition, base or knowingly prejudice or affect the employment of any employee or applicant based upon political factors.
  • Cook County and the District strictly prohibit political based hiring, firing, promotions, and other job actions for non-exempt positions where political considerations are not appropriate.
  • Political based employment in non-exempt positions will not be tolerated at the County or District.
  • Retaliatory behavior is prohibited and will not be tolerated.
  • The Cook County, CCHHS and District Human Resources Departments will take all necessary steps to ensure that the County is in compliance with the Shakman Decree, County Ordinances, and Executive Orders.