Prohibition of Prohibition of Unlawful Political DiscriminationUnlawful Political Discrimination

Training Presentation forEmployees under the jurisdiction of the

Cook County Board President, Cook County Health and Hospitals System and the

Forest Preserve District of Cook County

AgendaAgenda

Historical Perspective Historical Perspective

Prohibition of Unlawful Political DiscriminationProhibition of Unlawful Political Discrimination

Prohibition of RetaliationProhibition of Retaliation

Duty to ReportDuty to Report

Certification ProcessCertification Process

Political Contact LogPolitical Contact Log

EnforcementEnforcement

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Historical PerspectiveHistorical PerspectiveShakman Shakman LitigationLitigation – – Prohibition of Unlawful Political Discrimination based on the Prohibition of Unlawful Political Discrimination based on the First Amendment right to free speech and association.First Amendment right to free speech and association.

– 1969 federal civil lawsuit, Michael L. Shakman, et al. v. Democratic 1969 federal civil lawsuit, Michael L. Shakman, et al. v. Democratic Organization of Cook County, et al., No. 69 C 2145 (N.D. Ill.)Organization of Cook County, et al., No. 69 C 2145 (N.D. Ill.)

– 1972 Consent Decree prohibits the County and the District from 1972 Consent Decree prohibits the County and the District from “conditioning, basing or knowingly prejudicing or affecting any term or “conditioning, basing or knowingly prejudicing or affecting any term or aspect of governmental employment with respect to one who is already a aspect of governmental employment with respect to one who is already a governmental employee, upon or because of any political reason or factor.” governmental employee, upon or because of any political reason or factor.”

– 1994 Consent Decree extended these prohibitions to include Cook 1994 Consent Decree extended these prohibitions to include Cook County’s and the District’s hiring practices, with certain exclusions. County’s and the District’s hiring practices, with certain exclusions.

– County and District Supplemental Relief Orders (SRO) appointed a County and District Supplemental Relief Orders (SRO) appointed a Compliance Administrator to resolve individual claims and monitor Compliance Administrator to resolve individual claims and monitor compliance.compliance.

What is Unlawful Political What is Unlawful Political Discrimination?Discrimination?

Directly or indirectly influencing:Directly or indirectly influencing:

any term or condition of employment because of political reasons or any term or condition of employment because of political reasons or factors, including political affiliation, political support or activity, political factors, including political affiliation, political support or activity, political financial contributions, promise of future political support ,or failure to financial contributions, promise of future political support ,or failure to provide support (collectively “Political Consideration”).provide support (collectively “Political Consideration”).

the issuance of overtime on the basis of political reasons or factors whether the issuance of overtime on the basis of political reasons or factors whether based on political affiliation or non-affiliation, political campaign contributions based on political affiliation or non-affiliation, political campaign contributions and/or political support.and/or political support.

the evaluation of employee performance on the basis of political reasons or the evaluation of employee performance on the basis of political reasons or factors whether based on political affiliation or non-affiliation, political factors whether based on political affiliation or non-affiliation, political campaign contributions and/or political support or the failure to provide campaign contributions and/or political support or the failure to provide political support.political support.

all other material terms or conditions of government employment.all other material terms or conditions of government employment.

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Exempt versus Non-ExemptExempt versus Non-Exempt

Non-exempt positions: employment positions for Non-exempt positions: employment positions for which political factors may not be considered.which political factors may not be considered.

Exempt positions: designated positions for which Exempt positions: designated positions for which political factors may be considered for political factors may be considered for employment.employment.

All positions within CCHHS are non-exempt.All positions within CCHHS are non-exempt.

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Prohibition of Unlawful Political Prohibition of Unlawful Political DiscriminationDiscrimination

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

Chapter 44, Article II, Section 44-56 of the Cook County Chapter 44, Article II, Section 44-56 of the Cook County Code prohibits political discrimination in all aspects of Cook Code prohibits political discrimination in all aspects of Cook County employment, including hiring, promotion, discharge, County employment, including hiring, promotion, discharge, award of overtime and transfer of employees in non-exempt award of overtime and transfer of employees in non-exempt positions under the Office of the President.positions under the Office of the President.

Pursuant to state law, the District is required to adhere to the Pursuant to state law, the District is required to adhere to the County’s personnel policies; the prohibition of unlawful County’s personnel policies; the prohibition of unlawful political discrimination has been further confirmed by political discrimination has been further confirmed by Executive Order.Executive Order.

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

Recommendations for hiring, promotion or other employment terms from public Recommendations for hiring, promotion or other employment terms from public office holders or political party officials that are not based on personal knowledge 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.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 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 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. 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 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 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 organization, or the fact the person chose not to contribute to or raise money for a candidate for public office or political organization.candidate for public office or political organization.

Considering the fact that the person is a Democrat or a Republican or a member 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.of any other political party or group, or the fact that the person is not a member.

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Examples of Prohibited ConductExamples of Prohibited Conduct

Conditioning employment, promotion, Conditioning employment, promotion, termination, or transfer on political work termination, or transfer on political work or party affiliationor party affiliation

Manipulating interviews, applications Manipulating interviews, applications or test scores due to political reasonsor test scores due to political reasons

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

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

Permitting job related benefits to induce Permitting job related benefits to induce or reward campaign work or reward campaign work

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

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

Permitting politically connected Permitting politically connected individuals to unfairly avoid individuals to unfairly avoid disciplinediscipline

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

Subjecting individuals without Subjecting individuals without political protection to false political protection to false accusations and disciplinary chargesaccusations and disciplinary charges

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

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

Making an employment related Making an employment related decision motivated by a political decision motivated by a political considerationconsideration

What is Prohibited Retaliation?What is Prohibited Retaliation?

Taking a negative employment action because an Taking a negative employment action because an employee or applicant:employee or applicant:

Files a claim of Unlawful Political Discrimination Files a claim of Unlawful Political Discrimination with the Compliance Administrator or court.with the Compliance Administrator or court.

Files a complaint with the Independent Inspector Files a complaint with the Independent Inspector General, Compliance Administrator or General, Compliance Administrator or Compliance Officer.Compliance Officer.

Cooperates in an investigation or is a witness.Cooperates in an investigation or is a witness.

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Duty to ReportDuty to Report

Cook County Code of Ordinances:Cook County Code of Ordinances:

Chapter 2, Article IV, Division 5, Cook County Independent Inspector Chapter 2, Article IV, Division 5, Cook County Independent Inspector General Ordinance General Ordinance

(Ord. No. 07-O-52; 7-31-2007)(Ord. No. 07-O-52; 7-31-2007)

Chapter 44, Article II, Section 44-56 Chapter 44, Article II, Section 44-56 (Ord. No. 06-O-52, 11-29-2006; Ord. No. 08-O-48, 9-3-2008.) (Ord. No. 06-O-52, 11-29-2006; Ord. No. 08-O-48, 9-3-2008.)

Cook County Executive Order 2008-1Cook County Executive Order 2008-1(9-2-2008)(9-2-2008)

Forest Preserve District Executive Order 2009-1Forest Preserve District Executive Order 2009-1(4-1-2009)(4-1-2009)

What is the “Duty to Report”?What is the “Duty to Report”?“If you see something say something”“If you see something say something”

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

Unlawful Political DiscriminationUnlawful Political Discrimination

RetaliationRetaliation

Political ContactsPolitical Contacts

Ethics violations, criminal actions, corruption, fraud, waste, Ethics violations, criminal actions, corruption, fraud, waste, mismanagement, and misconduct mismanagement, and misconduct

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Certification ProcessCertification Process

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

Employee certifications include actions taken with respect to applicants Employee certifications include actions taken with respect to applicants and employees. and employees.

Failure to comply with the prohibitions and/or failure to submit an Failure to comply with the prohibitions and/or failure to submit an accurate Certification form may result in discipline (including termination) accurate Certification form may result in discipline (including termination) and other sanctions.and other sanctions.

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

Political Contact LogPolitical Contact Log

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

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

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

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Political Contact Log (cont’d.)Political Contact Log (cont’d.)Definitions:Definitions:

Politically-related Person or Organization: Any elected or Politically-related Person or Organization: Any elected or appointed public official or any person employed by, acting as an appointed public official or any person employed by, acting as an agent of, affiliated with, promoting or representing any elected or agent of, affiliated with, promoting or representing any elected or appointed public official or any political organization or politically appointed public official or any political organization or politically affiliated group.affiliated group.

Employment Action: Any action that affects a condition of Employment Action: Any action that affects a condition of employment including, but not limited to, recruitment, determination employment including, but not limited to, recruitment, determination of eligibility, interviewing, pay, benefits, selection, hiring, transfer, of eligibility, interviewing, pay, benefits, selection, hiring, transfer, demotion, promotion, detail, termination, discipline, recall, demotion, promotion, detail, termination, discipline, recall, reemployment, reclassification, granting overtime or other job reemployment, reclassification, granting overtime or other job benefit, changing a job assignment, withholding a benefit, imposing benefit, changing a job assignment, withholding a benefit, imposing discipline, or any other employment detriment.discipline, or any other employment detriment.

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Political Contact Log FormPolitical Contact Log Form

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Who Enforces the Prohibitions of Who Enforces the Prohibitions of Unlawful Political Discrimination?Unlawful Political Discrimination?

Office of the Independent Inspector GeneralOffice of the Independent Inspector General

Court Appointed Compliance AdministratorsCourt Appointed Compliance Administrators

Compliance Officer/Director for Cook County and Compliance Officer/Director for Cook County and DistrictDistrict

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Cook County Office of the Independent Cook County Office of the Independent Inspector GeneralInspector General

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

Contact Information:Contact Information:69 W. Washington69 W. Washington Complaint HotlineComplaint HotlineSuite 1160Suite 1160 PHONE: (312) 603-0745PHONE: (312) 603-0745Chicago, IL 60602 Chicago, IL 60602 FAX: (312) 603-9744 FAX: (312) 603-9744

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

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

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Cook County and DistrictCook County and DistrictCompliance AdministratorCompliance Administrator

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

Contact Information:Contact Information:

Mr. Jan CarlsonMr. Jan Carlson Ms. Mary RobinsonMs. Mary Robinson

Cook County Forest Preserve District Cook County Forest Preserve District Cook County Shakman Cook County Shakman

Shakman Compliance AdministratorShakman Compliance Administrator Compliance AdministratorCompliance Administrator

69 W. Washington Street, Suite 84069 W. Washington Street, Suite 840 69 W. Washington Street, Suite 84069 W. Washington Street, Suite 840 Chicago, IL 60602-3007 Chicago, IL 60602-3007 Chicago, IL 60602-3007Chicago, IL 60602-3007

cookfpshakman.comcookfpshakman.com countyshakman.comcountyshakman.com

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

Facsimile : (312) 603-9505Facsimile : (312) 603-9505

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Cook County and District Compliance Cook County and District Compliance OfficersOfficers

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

Contact Information: To be provided upon completion of Compliance Contact Information: To be provided upon completion of Compliance Officer employment.Officer employment.

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ConclusionConclusion Law and policy prohibit all employees from knowingly inducing, aiding, Law and policy prohibit all employees from knowingly inducing, aiding,

abetting, participating in, cooperating with the commission of, or threatening abetting, participating in, cooperating with the commission of, or threatening to condition, base or knowingly prejudice or affect the employment of any to condition, base or knowingly prejudice or affect the employment of any employee or applicant based upon political factors.employee or applicant based upon political factors.

Cook County and the District strictly prohibit political based hiring, firing, Cook County and the District strictly prohibit political based hiring, firing, promotions, and other job actions for non-exempt positions where political promotions, and other job actions for non-exempt positions where political considerations are not appropriate.considerations are not appropriate.

Political based employment in non-exempt positions will not be tolerated at Political based employment in non-exempt positions will not be tolerated at the County or District.the County or District.

Retaliatory behavior is prohibited and will not be tolerated.Retaliatory behavior is prohibited and will not be tolerated.

The Cook County, CCHHS and District Human Resources Departments will The Cook County, CCHHS and District Human Resources Departments will take all necessary steps to ensure that the County is in compliance with the take all necessary steps to ensure that the County is in compliance with the Shakman Decree, County Ordinances, and Executive Orders.Shakman Decree, County Ordinances, and Executive Orders.