HomeMy WebLinkAbout51-O-22 Amending Title 1 Chapter 10 Section 5 of the Evanston City Code OFFICIAL MISCONDUCT7/26/2022
51-O-22
AN ORDINANCE
Amending Title 1, Chapter 10, Section 5 of the Evanston City Code,
“OFFICIAL MISCONDUCT”
WHEREAS, the City of Evanston (the “City”) is committed to providing a
work environment that is free from harassment; and
WHEREAS, the City maintains a “Workplace Harassment Policy” that
applies to all of its employees, applicants, interns, vendors, contractors, subcontractors
and consultants; and
WHEREAS, the City’s policy currently does not apply to elected officials
and appointed members of City Boards, Commissions and Committees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 1, Chapter 10, Section 5 “Official Misconduct” of the
Evanston City Code of 2012, as amended, is hereby further amended to read as
follows:
1-10-. – OFFICIAL MISCONDUCT.
A covered person Covered Person commits official misconduct when in their official
capacity intentionally commits any one of the following acts:
(H) Engages in harassment on the basis of any legally protected status, including
harassment based on race, color, creed, religion, ethnicity, sex, age, national origin or
nationality, ancestry, physical or mental disability, pregnancy, childbirth or related
medical conditions, marital status, sexual or affectional orientation, gender identity or
expression, military or veteran status, genetic information, or any other basis protected
by applicable federal state or local law.
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Prohibited harassment may include but not be limited to:
Verbal conduct including taunting, jokes, threats, epithets, derogatory comments
or slurs based on an individual’s protected status;
Visual and/or written conduct including derogatory posters, photographs,
calendars, cartoons, drawings, websites, emails, text messages or gestures
based on an individual’s protected status;
Physical conduct related to an individual’s protected status, including but not
limited to assault, unwanted touching or blocking normal movement; and
Exercises authority to intimidate or coerce a Covered Person or City resident
such that the behavior creates a hostile environment.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: Ordinance 51-O-22 shall be in full force and effect after its
passage and approval.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
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Introduced: _________________, 2022
Adopted: ___________________, 2022
Approved:
__________________________, 2022
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
July 26
September 12
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