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HomeMy WebLinkAboutResolution 2026-015Resolution No. 2026-15 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SEXUAL ABUSE AND MISCONDUCT PREVENTION POLICY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non -home rule municipality of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City has determined that it is in its best interests to adopt a formal policy for preventing, reporting and responding to all allegations of sexual abuse and misconduct particularly in any programs and activities involving minors; and WHEREAS, the City Administration recommends that the Mayor and City Council the adopt a formal policy which shall to apply to employees, elected officials, contractors, volunteers, interns and others performing services for the City as set forth in the Sexual Abuse and Misconduct Prevention Policy attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: herein. Section 1. The foregoing recitals are incorporated in this Resolution as if fully restated Section 2. That the Sexual Abuse and Misconduct Prevention Policy, in the form attached hereto and made a part hereof by reference, is hereby approved. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Resolution No. 2026-15 Page t Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 241h day of February, A.D. 2026. 5 TY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this `day of , A.D. 2026. Attest: ITY CLERK Resolution No. 2026-15 Page 2 Exhibit A SEXUAL ABUSE AND SEXUAL MISCONDUCT PREVENTION POLICY THE UNITED CITY OF YORKVILE (the "City") prohibits and does not tolerate sexual abuse or misconduct in the workplace or during any organization -related activity by any employee, contractor, intern, elected or appointed official and/or any others who perform services for the City (collectively "Covered Individuals"). The City has adopted this Policy to provide a procedure for Covered Individuals to promptly report any act that is an actual or potential violation of these terms to management for investigation and remedy — without fear of retaliation. DEFINITIONS AND EXAMPLES The following definitions or examples of sexual abuse, misconduct or harassment, may apply to any and/or all Covered Individuals (as defined above). Examples of Sexual abuse or sexual misconduct or harassment (collectively "Misconduct" as referenced in this Policy) may include, but are not limited to: • Child sexual abuse — any sexual activity, involvement or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given. • Sexual activity with another who is legally incompetent or otherwise unable to give consent. • Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts. • Unwelcome physical or verbal conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone's neck or shoulders and/or pulling against another's body or clothes. • Displaying, forwarding or copying of material such as pornographic or sexually explicit images, posters, calendars, messages or objects. • Unwelcome and offensive sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g., email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy. • A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one's work performance or ability to do the job or creates an intimidating, hostile or offensive environment. • Direct or implied threats that pressure submission to sexual advances as a condition of employment or affiliation with the City. 1 Reporting Procedure All Covered Individuals are required to immediately report suspected Misconduct under this Policy to management pursuant to the following Internal Complaint Procedure: Any person who believes that they have experienced or witnessed harassment should notify the City Administrator, a Department Head, Supervisor, City Attorney, or Mayor. • Individuals are permitted to submit confidential reports of harassment; however, they are encouraged to provide as much information as possible so that the City can effectively investigate any allegations. • The City`s policy is to investigate all complaints or reports of a possible Policy violation thoroughly and promptly. If an investigation confirms that a violation of the Policy has occurred, the City will take corrective action, including discipline, up to and including immediate termination of employment or end of a business relationship with the offender -- for even a first offense if warranted by the circumstances involved. Any person who believes that he or she has been subject to a Policy violation (or retaliation) also may pursue their rights to file a charge of civil rights violations with the appropriate state or federal enforcement agency to the extent applicable. These include: Illinois Department of Human Rights (IDHR) Chicago: 312-814-6200 or 800-662-3942 Chicago TTY: 866-740-3953 Springfield: 217-785-5100 Springfield TTY: 866-740-3953 Marion: 618-993-7463 Marion TTY: 866-740-3953 Illinois Human Rights Commission (IHRC) Chicago: 312-814-6269 Chicago TTY: 312-814-4760 Springfield: 217-785-4350 Springfield TTY: 217-557-1500 United States Equal Employment Opportunity Commission {EEOC) Chicago: 800-669-4000 Chicago TTY: 800-869-8001 Anti -retaliation and False Allegations The City prohibits retaliation made against any person or Covered Individual who lodges a good faith complaint of Misconduct under this Policy and/or against any person who participates in any investigation concerning a complaint of a possible or actual Policy violation. 2 Making knowingly false or malicious accusations of sexual abuse or Misconduct can have serious consequences for those who are wrongly accused. Of course, a report that cannot be proven is not evidence that the complaint allegations were reported in good faith. If any employee (or other person who performs services for the City) believes that they have been retaliated against should notify the City Administrator, a Department Head, Supervisor, City Attorney, or Mayor. Further, under the Illinois Human Rights Act (775 ILCS 51 6), the Illinois Whistleblower Act (740 ILCS 174/ 5), and/or the State Employee Ethics Act (5 ILCS 430). Note: It is a crime to retaliate, or to conspire to retaliate against an employee because the employee has opposed an action that the person reasonably believes to be a violation of this Policy and/or because the employee has participated in an investigation of a Policy violation. Investigation and Follow-up The City will take all allegations of Misconduct (as defined above) seriously and will promptly and thoroughly investigate whether Misconduct in violation of this Policy has taken place. Depending on the allegations involved or other unique circumstances, the City may utilize an outside third party to conduct an investigation in appropriate cases. The City will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. The City will make every reasonable effort to keep the matters involved in the allegation as confidential as practical and appropriate under the circumstances involved while still allowing for a prompt and thorough investigation. Employee and Worker Screening and Selection As part of its sexual abuse and misconduct prevention program, the City is committed to maintaining a diligent screening program for prospective and existing employees, volunteers and others that may have interaction with those employed by, associating with or serviced by the City. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references. Supervision of Youth To promote a safe and professional environment for minors, it is the Policy of the City that a minimum of two adult workers, whenever practicable, supervise or be in attendance with minors during City -sponsored or organization -related activities. The intent of this requirement is to avoid one-on-one interactions between adults and minors that are not easily observable by others. When individual meetings with a minor are necessary, such meetings should be conducted in locations that are open or within clear view of others. If a meeting must occur in a private office, the door shall remain open whenever feasible and appropriate based on the purposes of the meeting. Closed -door meetings may only occur when another adult employee has been notified of the meeting in advance and the door remains unlocked for the duration of the meeting. The City recognizes that certain operational functions, particularly within the Parks and Recreation Department may, by necessity, result in one-on-one interactions between adult full- time staff and part-time employees who are minors. Examples include, but are not limited to: 3 supervision of athletic fields and gymnasiums; concession stand operations; and assistance with special events. In such cases, staff shall take all reasonable measures to ensure that these interactions occur in a safe, professional and observable manner. This may include maintaining regular verbal or visual contact with other staff, ensuring the presence of other adults in the vicinity whenever possible, and adhering to established reporting and communication protocols including those referenced in this Policy. Reporting to Law Enforccment or Appropriate Child or Adult Protective Services The City is committed to following the state and federal legal requirements for reporting allegations or incidents of Misconduct to appropriate law enforcement and child or adult protective services organizations, when appropriate. Depending on the circumstances involved, the City may find it appropriate to conduct its own investigation or assess the validity or credibility of an allegation of sexual or physical abuse or Misconduct while also reporting the allegation to proper law enforcement authorities or protective services organizations. Acknowledgement Form: Sexual Abuse and Misconduct Prevention Policy I acknowledge that I received and read the Sexual Abuse and Misconduct Prevention Policy. I understand that it is my responsibility to abide by all terms referenced in this Policy, including the obligation to promptly report potential or actual Misconduct or any Policy violation to management pursuant to the complaint procedure referenced above. I have been informed that I will not be subject to retaliation for utilizing the internal complaint procedure referenced above in good faith. Employee/Volunteer's Printed Name: Employee/Volunteer's Signature: 4