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Public Act 100-1040 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Records Act is amended by adding | ||||
Section 3c as follows: | ||||
(50 ILCS 205/3c new) | ||||
Sec. 3c. Severance agreements due to sexual harassment and | ||||
sexual discrimination. | ||||
(a) When a unit of local government, school district, | ||||
community college district, or other local taxing body enters a | ||||
severance agreement with an employee or contractor because the | ||||
employee or contractor was found to have engaged in sexual | ||||
harassment or sexual discrimination, as defined by the Illinois | ||||
Human Rights Act or Title VII of the Civil Rights Act of 1964, | ||||
the public body shall publish on its Internet website, if one | ||||
is maintained, and make available to the news media for | ||||
inspection and copying within 72 hours of the taxing body's | ||||
approval of the severance agreement the following information: | ||||
(1) the full name and title of the person receiving | ||||
payment under the severance agreement; | ||||
(2) the amount of the payment; | ||||
(3) that the employee or contractor was found to have | ||||
engaged in sexual harassment or sexual discrimination, as |
applicable; and | ||
(4) the date, time, and location of the meeting at | ||
which the taxing body approved the severance agreement. | ||
For the purposes of this subsection (a), "news media" means | ||
personnel of a newspaper or other periodical issued at regular | ||
intervals whether in print or electronic format, a news service | ||
whether in print or electronic format, a radio station, a | ||
television station, a television network, a community antenna | ||
television service, or a person or corporation engaged in | ||
making news reels or other motion picture news for public | ||
showing. | ||
(b) The information required to be provided by this Section | ||
may be withheld if it is determined that disclosure would: | ||
(1) interfere with pending or actually and reasonably | ||
contemplated law enforcement proceedings conducted by any | ||
law enforcement agency; | ||
(2) interfere with pending or actually and reasonably | ||
contemplated legal or administrative proceedings | ||
instigated by the complainant of the sexual harassment or | ||
discrimination at issue, including, but not limited to, | ||
proceedings under the Illinois Human Rights Act, Title VII | ||
of the Civil Rights Act of 1963, or civil law; | ||
(3) result in the direct or indirect disclosure of the | ||
identity of a complainant who has not consented to | ||
disclosure of his or her identity; or | ||
(4) endanger the life or physical safety of the |
complainant of the sexual harassment or discrimination at | ||
issue. | ||
(c) No unit of local government, school district, community | ||
college district, or other local taxing body shall incur | ||
liability as a result of its compliance with this Section, | ||
except for willful or wanton misconduct. | ||
(d) The requirements of subsection (a) of this Section do | ||
not supersede the confidentiality provisions of the severance | ||
agreement. | ||
(e) Nothing in this Section shall limit disclosure of | ||
public records required to be disclosed under this Act or the | ||
Freedom of Information Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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