Romeoville Fire Department Anti-Retaliation Policy PDF

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE ANTI-RETALIATION EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 537 12/09/2019 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of au...

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE ANTI-RETALIATION EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 537 12/09/2019 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or Local #4237 collective bargaining agreement. POLICY The Romeoville Fire Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Page 1 of 4 ROMEOVILLE FIRE DEPARTMENT MANUAL Retaliation includes any adverse action or conduct, including, but not limited to: Refusing to hire or denying a promotion. Extending the probationary period. Unjustified reassignment of duties or change of work schedule. Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. Taking unwarranted disciplinary action. Spreading rumors about the person filing the complaint or about the alleged wrongdoing. Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, a command staff member, the Fire Chief/designee or the Village Director of Human Resources. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of the information, or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. Page 2 of 4 ROMEOVILLE FIRE DEPARTMENT MANUAL SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a) Ensuring complaints of retaliation are investigated promptly (b) Receiving all complaints in a fair and impartial manner. (c) Documenting the complaint and any steps taken to resolve the problem. (d) Acknowledging receipt of the complaint, notifying the Fire Chief/designee via the chain of command and explaining to the member how the complaint will be handled. (e) Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f) Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. Periodically following up with the complainant to ensure that retaliation is not continuing. Not interfering with or denying the right of a member to make any complaint. Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. (g) (h) (i) COMMAND STAFF RESPONSIBILITIES The Fire Chief/designee should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including, but not limited to: (a) Communicating to all members the prohibition against retaliation. (b) Reviewing complaint investigations in a timely manner. (c) Taking steps toward remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d) Communicating the outcome to the complainant in a timely manner. Page 3 of 4 ROMEOVILLE FIRE DEPARTMENT MANUAL WHISTLE-BLOWING The Illinois Whistleblower Act protects a member who, with reasonable cause to believe the information communicated discloses a violation of a law, rule or regulation (740 ILCS 174/1 et seq.): (a) Provides information to a government or law enforcement agency, in a judicial or administrative hearing, or testifies before a legislative body. (b) Refuses to participate in an activity that would result in a violation of a law, rule or regulation. (c) Engages in any other act or omission if the member is disclosing or attempting to disclose public corruption or wrongdoing. Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Fire Chief or authorized designee through the appropriate supervisory chain of command for investigation. RECORDS RETENTION AND RELEASE The Custodian of Records shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. TRAINING This policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Page 4 of 4