Processes and Procedures - 50 ILCS 105/4.1

“Retaliation Against a Whistleblower” (50 ILCS 105/4.1)

The DuPage County Auditor will accept reports of improper governmental action or complaints regarding retaliation made under 50 ILCS 105/4.1 through the DuPage County Audit Tipline.

 Overview of the Law

Public Act 101-0652, also known as the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act, amended the Public Officer Prohibited Activities Act by adding Section 4.1, to provide whistleblower protections prohibiting retaliation by units of local government, agents or representatives of units of local government or another employee against an employee or contractor who:

• reports an improper governmental action under the Act;
• cooperates with an investigation related to a report of improper governmental action; or,
• testifies in a proceeding or prosecution arising out of an improper governmental action.

Under this law, the DuPage County Auditor has the following responsibilities:

• Establish written processes and procedures for managing complaints.
• Provide every employee a written summary or complete copy of Section 4.1 and a copy of the written processes and procedures for reporting improper governmental actions. This shall occur upon commencement of employment and at least once during each year.
• Investigate and dispose of reports of improper governmental action consistent with the processes and procedures that have been established.

 Auditor Tipline Processes and Procedures

The following processes and procedures apply to reports of improper governmental activity, complaints regarding retaliation, or other reports invoking 50 ILCS 105/4.1.

1. Reports shall be received through the Audit Tipline established by the Office of the DuPage County Auditor. While reports do not need to be submitted through the online submission form, the online submission form provides a useful template regarding the types of information that will be useful for this Office to evaluate a report.
2. It is requested that employees seeking to invoke 50 ILCS 105/4.1 include a specific statement that they are presenting a report pursuant to 50 ILCS 105/4.1.
3. Each report received by the Office of the County Auditor will be evaluated by professional staff consistent with procedures established for the Audit Tipline. We may request additional information, which may include requests for documents or interviews.  After our evaluation, a course of action will be chosen based on the specific facts and circumstances of each situation.
4. If an employee has provided contact information, the employee will be informed of final decisions that are made with respect to the report.
5. In general, the FAQ section of the Audit Tipline are applicable to these processes and procedures.
6. It is requested that employees seeking to invoke 50 ILCS 105/4.1 include a specific statement that they are presenting a report pursuant to 50 ILCS 105/4.1.
7. Please note the following sentence found in 50 ILCS 105/4.1 (b):

“An employee who believes he or she has been retaliated against in violation of this Section must submit a written report to the auditing official within 60 days of gaining knowledge of the retaliatory action.”