Prohibition of Unlawful Political Discrimination

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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
2
Agenda

• Historical Perspective
• Prohibition of Unlawful Political Discrimination
• Prohibition of Retaliation
• Duty to Report
• Certification Process
• Political Contact Log
• Enforcement

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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 Countys and the Districts
  hiring practices, with certain exclusions.
• County and District Supplemental Relief Orders
  (SRO) appointed a Compliance Administrator to
  resolve individual claims and monitor compliance.

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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.

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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.

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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 Countys personnel policies the
  prohibition of unlawful political discrimination
  has been further confirmed by Executive Order.

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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 persons 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.

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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

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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.

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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)

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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

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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.

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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.

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Political Contact Log (contd.)

• 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.

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Political Contact Log Form
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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

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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 CCHHS 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 [phone]Chicago, IL 60602
  FAX [phone]
• ONLINE http//legacy.cookcountygov.com/OIIG_clean
  /index.php
• In person meetings are scheduled by calling
  312-603-0350

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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 Complianc
  e Administrator
• 69 W. Washington Street, Suite 840 69 W.
  Washington Street, Suite 840 Chicago, IL
  60602-3007 Chicago, IL 60602-3007
• cookfpshakman.com countyshakman.com
• Telephone [phone] Telephone
  [phone]
• Facsimile [phone]

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Cook County and District Compliance Officers

• Mission To ensure the Countys and Districts
  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.

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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.