Rep. David McSweeney
Filed: 2/26/2018
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4242
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4242 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Local Records Act is amended by adding | ||||||
5 | Section 3c as follows: | ||||||
6 | (50 ILCS 205/3c new) | ||||||
7 | Sec. 3c. Severance agreements due to sexual harassment and | ||||||
8 | sexual discrimination. | ||||||
9 | (a) When a unit of local government, school district, | ||||||
10 | community college district, or other local taxing body enters a | ||||||
11 | severance agreement with an employee or contractor because the | ||||||
12 | employee or contractor was found to have engaged in sexual | ||||||
13 | harassment or sexual discrimination, as defined by the Illinois | ||||||
14 | Human Rights Act or Title VII of the Civil Rights Act of 1963, | ||||||
15 | the public body shall publish on its Internet website, if one | ||||||
16 | is maintained, and make available to the news media for |
| |||||||
| |||||||
1 | inspection and copying within 72 hours of the taxing body's | ||||||
2 | approval of the severance agreement the following information: | ||||||
3 | (1) the full name and title of the person receiving | ||||||
4 | payment under the severance agreement; | ||||||
5 | (2) the amount of the payment; | ||||||
6 | (3) that the employee or contractor was found to have | ||||||
7 | engaged in sexual harassment or sexual discrimination, as | ||||||
8 | applicable; and | ||||||
9 | (4) the date, time, and location of the meeting at | ||||||
10 | which the taxing body approved the severance agreement. | ||||||
11 | For the purposes of this subsection (a), "news media" means | ||||||
12 | personnel of a newspaper or other periodical issued at regular | ||||||
13 | intervals whether in print or electronic format, a news service | ||||||
14 | whether in print or electronic format, a radio station, a | ||||||
15 | television station, a television network, a community antenna | ||||||
16 | television service, or a person or corporation engaged in | ||||||
17 | making news reels or other motion picture news for public | ||||||
18 | showing. | ||||||
19 | (b) The information required to be provided by this Section | ||||||
20 | may be withheld if it is determined that disclosure would: | ||||||
21 | (1) interfere with pending or actually and reasonably | ||||||
22 | contemplated law enforcement proceedings conducted by any | ||||||
23 | law enforcement agency; | ||||||
24 | (2) interfere with pending or actually and reasonably | ||||||
25 | contemplated legal or administrative proceedings | ||||||
26 | instigated by the complainant of the sexual harassment or |
| |||||||
| |||||||
1 | discrimination at issue, including, but not limited to, | ||||||
2 | proceedings under the Illinois Human Rights Act, Title VII | ||||||
3 | of the Civil Rights Act of 1963, or civil law; | ||||||
4 | (3) result in the direct or indirect disclosure of the | ||||||
5 | identity of a complainant who has not consented to | ||||||
6 | disclosure of his or her identity; or | ||||||
7 | (4) endanger the life or physical safety of the | ||||||
8 | complainant of the sexual harassment or discrimination at | ||||||
9 | issue. | ||||||
10 | (c) No unit of local government, school district, community | ||||||
11 | college district, or other local taxing body shall incur | ||||||
12 | liability as a result of its compliance with this Section, | ||||||
13 | except for willful or wanton misconduct. | ||||||
14 | (d) The requirements of subsection (a) of this Section do | ||||||
15 | not supersede the confidentiality provisions of the severance | ||||||
16 | agreement. | ||||||
17 | (e) Nothing in this Section shall limit disclosure of | ||||||
18 | public records required to be disclosed under this Act or the | ||||||
19 | Freedom of Information Act.
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|