Prohibition of
Unlawful Political Discrimination
Training Presentation for
Employees under the jurisdiction of the
Cook County Board President, Cook County
Health and Hospitals System and the Forest
Preserve District of Cook County
Agenda
Historical Perspective
Prohibition of Unlawful Political Discrimination
Prohibition of Retaliation
Duty to Report
Certification Process
Political Contact Log
Enforcement
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Historical Perspective
Shakman Litigation – Prohibition of Unlawful Political Discrimination based on the
First Amendment right to free speech and association.
– 1969 federal civil lawsuit, Michael L. Shakman, et al. v. Democratic
Organization of Cook County, et al., No. 69 C 2145 (N.D. Ill.)
– 1972 Consent Decree prohibits the County and the District from
“conditioning, basing or knowingly prejudicing or affecting any term or
aspect of governmental employment with respect to one who is already a
governmental employee, upon or because of any political reason or factor.”
– 1994 Consent Decree extended these prohibitions to include Cook
County’s and the District’s hiring practices, with certain exclusions.
– County and District Supplemental Relief Orders (SRO) appointed a
Compliance Administrator to resolve individual claims and monitor
compliance.
What is Unlawful Political
Discrimination?
Directly or indirectly influencing:
 any term or condition of employment because of political reasons or
factors, including political affiliation, political support or activity, political
financial contributions, promise of future political support ,or failure to
provide support (collectively “Political Consideration”).
 the issuance of overtime on the basis of political reasons or factors
whether based on political affiliation or non-affiliation, political
campaign contributions and/or political support.
 the evaluation of employee performance on the basis of political
reasons or factors whether based on political affiliation or nonaffiliation, political campaign contributions and/or political support or
the failure to provide political support.
 all other material terms or conditions of government employment.
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Exempt versus Non-Exempt
 Non-exempt positions: employment positions for
which political factors may not be considered.
 Exempt positions: designated positions for which
political factors may be considered for
employment.
 All positions within CCHHS are non-exempt.
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Prohibition of Unlawful Political
Discrimination
Cook County, the Cook County Health and Hospitals System
(“CCHHS”) and the Forest Preserve District (“District”) of
Cook County prohibit unlawful political discrimination.
 Chapter 44, Article II, Section 44-56 of the Cook County
Code prohibits political discrimination in all aspects of Cook
County employment, including hiring, promotion,
discharge, award of overtime and transfer of employees in
non-exempt positions under the Office of the President.
 Pursuant to state law, the District is required to adhere to
the County’s personnel policies; the prohibition of unlawful
political discrimination has been further confirmed by
Executive Order.
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What is Prohibited?
What is prohibited in employment actions for non-exempt employees or applicants:

Recommendations for hiring, promotion or other employment terms from public
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.

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 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
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 candidate for public office or political organization.

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.
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Examples of Prohibited Conduct
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Conditioning employment,
promotion, termination, or transfer
on political work or party affiliation
Manipulating interviews,
applications or test scores due to
political reasons
Awarding overtime, availability of
resources, shift and transfer
requests based on political factors;
Requiring contributions to any
political party as part of any
employment action
Permitting job related benefits to
induce or reward campaign work
Requiring applicants to have or not
have political connections in order
to be hired or promoted
Lowering minimum requirements so
that a less accomplished, but
politically connected, individual can
qualify for the position
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Permitting politically connected
individuals to unfairly avoid
discipline
Giving less qualified but politically
connected individuals promotions or
reclassifications sought by the nonpolitical employees
Subjecting individuals without
political protection to false
accusations and disciplinary
charges
Failing to value self-improvement of
employees and instead rewarding
political activity and contributions
Subjecting individuals without
political protection to harassment at
the hands of politically protected
supervisors or co-workers
Making an employment related
decision motivated by a political
consideration
What is Prohibited Retaliation?
Taking a negative employment action because an
employee or applicant:
 Files a claim of Unlawful Political Discrimination
with the Compliance Administrator or court.
 Files a complaint with the Independent Inspector
General, Compliance Administrator or
Compliance Officer.
 Cooperates in an investigation or is a witness.
Duty to Report
Cook County Code of Ordinances:
 Chapter 2, Article IV, Division 5, Cook County Independent Inspector
General Ordinance
(Ord. No. 07-O-52; 7-31-2007)
 Chapter 44, Article II, Section 44-56
(Ord. No. 06-O-52, 11-29-2006; Ord. No. 08-O-48, 9-3-2008.)
Cook County Executive Order 2008-1
(9-2-2008)
Forest Preserve District Executive Order 2009-1
(4-1-2009)
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What is the “Duty to Report”?
“If you see something say something”
Employees MUST report the following conduct if they “know”
it has or is occurring:
 Unlawful Political Discrimination
 Retaliation
 Political Contacts
 Ethics violations, criminal actions, corruption, fraud, waste,
mismanagement, and misconduct
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Certification Process
All employees involved in any employment action are required to certify in
writing that, to the best of their knowledge, political considerations were
not involved in the action.
 Employee certifications include actions taken with respect to applicants
and employees.
Failure to comply with the prohibitions and/or failure to submit an
accurate Certification form may result in discipline (including termination)
and other sanctions.
All applicants for employment in non-exempt positions are required to
certify that political considerations were not a part of their application
process.
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Political Contact Log
All employees have a Duty to Report any contact with any
politically-related person or organization or with any individual
acting on behalf of such person or organization, if that contact
involves an attempt to inquire about or influence an
employment action involving an applicant or employee who is
applying for or holds a non-exempt position.
If an employee is contacted, the employee is required to
complete the Political Contact Log form and return it directly
to the Office of the Independent Inspector General and the
Compliance Administrator for Cook County or the District.
Employees are not required to figure out if the political contact
is legal; they are only required to report it when it happens.
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Political Contact Log (cont’d.)
Definitions:
 Politically-related Person or Organization: Any elected or
appointed public official or any person employed by, acting
as an agent of, affiliated with, promoting or representing
any elected or appointed public official or any political
organization or politically affiliated group.
 Employment Action: Any action that affects a condition of
employment including, but not limited to, recruitment,
determination of eligibility, interviewing, pay, benefits,
selection, hiring, transfer, demotion, promotion, detail,
termination, discipline, recall, reemployment,
reclassification, granting overtime or other job benefit,
changing a job assignment, withholding a benefit, imposing
discipline, or any other employment detriment.
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Political Contact Log Form
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Who Enforces the Prohibitions of
Unlawful Political Discrimination?
 Office of the Independent Inspector General
 Court Appointed Compliance Administrators
 Compliance Officer/Director for Cook County and
District
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Cook County 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,
mismanagement, unlawful political discrimination and misconduct in the
operation of Cook County government (including CCH&HS and the
District) with integrity, independence, professionalism and respect for
both the rule of law and the people we serve.
Contact Information:
69 W. Washington
Suite 1160
Chicago, IL 60602
Complaint Hotline
PHONE: (312) 603-0745
FAX: (312) 603-9744
ONLINE: http://legacy.cookcountygov.com/OIIG_clean/index.php
In person meetings are scheduled by calling 312-603-0350
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Cook County and District
Compliance Administrator
 Mission: The Compliance Administrators’ missions include
studying existing employment practices, policies and
procedures; observing employment sequences; assisting in
formulating a new hiring plan; helping to establish a
training program to educate and train supervisors and
employees on non-political hiring practices; and making
recommendations to the Court as to how to resolve issues.
Contact Information:
Mr. Jan Carlson
Cook County Forest Preserve District
Shakman Compliance Administrator
69 W. Washington Street, Suite 840
Chicago, IL 60602-3007
cookfpshakman.com
Telephone: (312) 603-8909
Facsimile : (312) 603-9505
Ms. Mary Robinson
Cook County Shakman
Compliance Administrator
69 W. Washington Street, Suite 840
Chicago, IL 60602-3007
countyshakman.com
Telephone: (312) 603-8905
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Cook County and District Compliance
Officers
Mission: To ensure the County’s and District’s compliance with the legal
prohibitions of unlawful political discrimination through a process of
reviewing and monitoring the activities related to government employment.
 Contact Information: To be provided upon completion of Compliance
Officer employment.
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Conclusion
 Law and policy prohibit all employees from knowingly inducing, aiding,
abetting, participating in, cooperating with the commission of, or
threatening to condition, base or knowingly prejudice or affect the
employment of any employee or applicant based upon political factors.
 Cook County and the District strictly prohibit political based hiring,
firing, promotions, and other job actions for non-exempt positions
where political considerations are not appropriate.
 Political based employment in non-exempt positions will not be
tolerated at the County or District.
 Retaliatory behavior is prohibited and will not be tolerated.
 The Cook County, CCHHS and District Human Resources
Departments will take all necessary steps to ensure that the County is
in compliance with the Shakman Decree, County Ordinances, and
Executive Orders.
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