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VOLUME 145 NO. 1 • tonicanews.com
Friday, December 7, 2018
Holiday arts and crafts
More than 30 artists and crafters help IVCC raise money for a good cause / Page 3 Vol. 145 No. 1
One Section - 12 Pages
© The Tonica News
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Fundraiser for cemeteries Donations will be matched until the end of the year. / 2
PERU The Peru Mall encourages the public to donate new,
unwrapped toys in support of the U.S. Marine Corps’ Toys for Tots program. / 4
ILLINOIS VALLEY By one vote, Starved Rock murderer Chester Weger is denied parole by the Illinois Prisoner Review Board. / 5
The Tonica News / tonicanews.com • Friday, December 7, 2018
| LOCAL NEWS
2 Seeking
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Sources Where in the world is The Tonica News? Are you planning a vacation or holiday trip? Don’t forget to take along a copy of the The Tonica News. Once you get to your destination, have someone snap a photo of you holding the newspaper, and then send the photo to us along with pertinent information about who is in the photo and where you are. We’ll be happy to share your photo with other Tonica News readers, your friends, family and neighbors. Email your photo and information to news@tonicanews.com.
Tonica News photo/Dave Cook
Erosion caused by Bailey Creek threatens two cemeteries in Tonica. A fundraiser is underway to help the Tonica Cemetery Association protect the burial grounds. Any donations made through the end of the year will be matched by the Donald E. Fike Family Foundation.
(USPS 633340) Published every Friday at Tonica, IL 61370 Entered at Tonica Post Office as Periodical Mail $22 In LaSalle County $25 Outside of LaSalle County
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Tonica Cemetery Association continues preservation efforts Benefactor will match donations through the end of the year BY DAVE COOK news@tonicanews.com TONICA — The high level of erosion caused by Bailey Creek, bordered on both sides by Tonica’s historic cemeteries, continues, but Tonica Cemetery Association (TCA) President Bob Folty is happy about the progress that’s been made to preserve the area. A benefactor, Don Fike, president of the Donald E. Fike Family Foundation, has announced his continued support of the TCA. Fike formed his foundation to help charitable organizations meet their goals and objectives. Fike said he’s delighted to be able to contribute to this worthwhile project in the town in which he grew up. He hopes more residents will join the efforts to make cemetery preservation a high priority for their village, and he’s pledged to match any donations made through the end of the year. Folty said the cemetery group is on track with new roads, and that they’ve been busy leveling markers and making strides in removing
How to donate The Tonica Cemetery Association’s Board of Directors wants to continue improvements and prepare for the erosion control project. The board would greatly appreciate any financial help from anyone who would like to contribute. Donations can be given to any board member or left at the Illini State Bank. Members include Bob Folty, Don Fike, Jeff Bassett, Noel Sauter, Dave Huss and Jim Lock. For more information, call Bob Folty at 815-488-8456. dead brush and trees. Approximately six years ago, the group noticed the creek’s waters were washing away large amounts of the land bordering the Brookside and Fairview cemeteries. Folty has said there’s far more water flowing than he remembers in the past and believes the problem could be related to an increase of agricultural drainage tiles. Improvements to shore up a nearby bridge that was being damaged by erosion could also possibly be
aggravating the problem. During heavy rains, the creek rises several feet and its churning route can erode large chunks of soil on both sides. On the Fairfield side, entire trees have shifted, and many others lean precariously over the embankment. More than a year ago, the creek was about 25 feet from the cemetery grounds. “Twenty-five feet isn’t much when we’re losing seven feet at a time,” Folty said at the time. In Brookside Cemetery, where there are Civil War-era graves, the situation at the banks is even more critical because it’s only about 10 feet from the nearest grave to the tree line. Step beyond that first tree, and it’s only a few more feet to where the land drops off into the creek. Looking both upstream and downstream, numerous trees appear likely to fall several feet into the creek. Once those are gone, little will stand between the graves and exposure.
See CEMETERY, Page 4
ILLINOIS VALLEY COMMUNITY COLLEGE
T
Tonica News photos/Dave Cook
Lifeline service available from Tonica Telephone Company
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Lifeline telephone service is available from Tonica Telephone Company. Life line is a discounted telephone service available to eligible customers. The service is offered under a government assistance program that Tonica Telephone Company participates in, which provides reduced cost service to low income customers. Lifeline service is non-transferable, the program is limited to one discount per household.
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he 11th annual Holiday Art and Craft Fair at Illinois Valley Community College in the Peter Miller Community Technology Center was held on Nov. 28. More than 30 artists and crafters featured a wide variety of handmade and commercial products to help visitors complete their Christmas shopping while also supporting a good cause. The event was sponsored by the IVCC Support Staff Service Project Team to help raise money for IVCC’s Connect to Complete award.
LOCAL NEWS | The Tonica News / tonicanews.com
Holiday Craft Fair supports a good cause
3
The Tonica News / tonicanews.com • Friday, December 7, 2018
| LOCAL NEWS
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ILLINOIS VALLEY
Peru Mall partners with Toys for Tots to help local children New, unwrapped toys may be donated at mall’s center court PERU — This holiday season, Peru Mall/GK Development Inc. is partnering with the U.S. Marine Corps’ Toys for Tots program to collect toys to ensure a happy holiday season for children in need. During the season of goodwill, the mall will act as an official dropoff site for Toys for Tots, accepting new, unwrapped toys through Sunday, Dec. 23. Donation boxes will be located in center court, near the Armed Forces Career Center and Bath & Body Works. Volunteers with the U.S. Marine Corps will distribute the toys to local families in the Illinois Valley
• CEMETERY Continued from Page 2 The Tonica Cemetery Association is being assisted by the U.S. Army Corps of Engineers. The study and repair costs have yet to be determined, but the village is seeking help from the North Central Illinois Council of Governments to raise its portion of the significant expenses. Folty has said some of the affected land is the cemetery’s and other portions are privately held, but he added the landowners are being cooperative. “The archaeologists were out and did their exploration of the site, and now the Army Corps of Engineers can get on with their cost analysis of the different erosion areas,” Folty recently reported. He said 250 feet of new road would be poured in the spring and that the gravel base that’s currently in place will be allowed to settle through the winter. “Mid State Trucking hauled the gravel for us, Dick Strack cored out the road bed, Stark Brothers donated the fabric for the road stabilization and Gail Dauber hauled the gravel and spread it on the road bed. Dona-
community in time for the holidays. The U.S. Marine Corps’ Toys for Tots program provides happiness and hope to disadvantaged children who might otherwise be overlooked this holiday season. Area residents can make a holiday wish come true by donating a new, unwrapped toy. Peru Mall supports the community through multiple programs during the year, including backto-school giveaways, U.S. Marine Corps Reserve Toys for Tots and numerous IVCH health programs. Peru Mall features an assortment of retail, service and dining establishments. The 460,678-square-foot mall, located at 3940 Route 251 in Peru, currently houses more than 35 retailers. Its key retailers include Marshalls, AMC Classic Theatre and Jo-Ann Fabrics. For more information, call 815223-7600. tions will go towards the road project and some equipment updating that we need,” Folty stated. The TCA is hoping to be able to get a small tractor with a loader, and Folty said the group’s old truck was constantly in need of repairs last year. Folty added that the TCA is thankful for the many volunteers and benefactors who have given their time and money to ensure the cemeteries remain in good condition for many years to come. The TCA’s Board of Directors wants to continue their improvements and prepare for the erosion control project. The board would greatly appreciate any financial help from anyone who would like to contribute. Donations can be given to any board member or left at the Illini State Bank. Members include Bob Folty, Don Fike, Jeff Bassett, Noel Sauter, Dave Huss and Jim Lock. For more information, call Folty at 815488-8456. “This is going to be a major project. The village is going to need a lot of money and the villagers need to know about this. For too long this problem has been ‘out of sight, out of mind,’” Folty previously said.
NOTICE OF PROPOSED PROPERTY TAX INCREASE FOR TONICA COMMUNITY CONSOLIDATED SCHOOL DISTRICT #79 I.
A public hearing to approve a proposed property tax levy increase for Tonica Community Consolidate School District #79 for 2018 will be held on December 19, 2018 at 6:15 p.m. at Tonica Grade School. Any person desiring to appear at the public hearing and present testimony to the taxing district may contact Mr. Charles Schneider, Superintendent, 535 N. 1981st Rd., Tonica, IL 61370; 815-442-3420.
II.
The corporate and special purpose property taxes extended or abated for 2017 were $1,210,147. The proposed corporate and special purpose property taxes to be levied for 2018 are $1,324,805. This represents a 9.47% increase over the previous year.
III. The property taxes extended for debt service and public building commission leases for 2017 were $68,919. The estimated property taxes to be levied for debt service and public building commission leases for 2018 are $67,863. This represents a .02% decrease over the previous year. IV. The total property taxes extended or abated for 2017 were $1,279,066. The estimated total property taxes to be levied for 2018 are $1,392,668. This represents an 8.88% increase over the previous year. Submitted: Julie Zimmer, Secretary Tonica CCSD #79 Board of Education
ILLINOIS VALLEY
Illinois Prisoner Review Board decision ends in a tie; Weger stays behind bars for 1960 killings SHAW MEDIA
victims) Mildred Lindquist and Frances Murphy in your thoughts, as well as the family of Chester Weger.” LaSalle County State’s Attorney Karen Donnelly said on Nov. 29 she supports Oetting and the victims’ families, and she is relieved at the vote. “I maintain the argument that he continues to pose a threat,” Donnelly said. Last year, Weger nearly gained his freedom; the board’s vote was again 7-7 against parole. This was Weger’s 23rd attempt to gain release from custody. His first parole hearing was in 1972. Weger, who is held at Pinckneyville Correctional Center, remains the longest imprisoned person in Illinois prisons.
On March 14, 1960, Lillian Oetting, 50, Mildred Lindquist, 50, and Frances Murphy, 50, traveled from their homes in Riverside to Starved Rock State Park for a short vacation. Staying at the park’s lodge, they hiked a few miles across trails into St. Louis Canyon. Two days later, the three women were found beaten to death. Following an investigation that lasted months, a young dishwasher at the lodge — Weger, a married father of two from LaSalle — was eventually charged. He was sentenced to life in prison after a jury found him guilty of Oetting’s murder on March 4, 1961, Weger’s 22nd birthday. Weger was never tried for the other two murders.
“The embodiment of servant leadership, George H.W. Bush made his mark on America, the world, and the hearts of millions. As a nation, we mourn the loss of our 41st president – a true patriot who sought to build a kinder and gentler nation. I extend my deepest and heartfelt condolences to the entire Bush family. “George H.W. Bush was a humble and devoted public servant. He was the youngest pilot when he received his wings at the age of 18, and flew in 58 combat missions for the United States Navy during World War II. He survived after being shot down by the Japanese during a mission and despite that harrowing event, President Bush celebrated his last several milestone birthdays by going skydiving. “He served in several public office roles and continued to make an impact
through charity and volunteerism. He lived his life fully, inspiring me and countless others with his courage and compassion, and he will be forever remembered as one of the greatest, most qualified presidents of our time. “George H.W. Bush believed that ‘the potential of the American people knows no limits’ and by joining together, a ‘thousand points of light,’ we could help one another and do good. His was a life well lived, and we are forever grateful for his leadership, his vision for America, and the lasting impact he has left on the country he loved so dearly.”
nois Valley Community College board of trustees election is Dec. 10-17. Nominations will be accepted from 8 a.m. to 4:30 p.m. Monday through Friday, Dec. 10-14, and 8 a.m. to 5 p.m. Monday, Dec. 17, in the President’s Office, Room C-301. Tuesday, Dec. 25 is the last day to file an objection to any nominating petition for the April 2 District 513 consolidated board election for the counties of LaSalle, Bureau, Putnam, Marshall, Grundy, Livingston, Lee and DeKalb. IVCC is closed Dec. 19 through Jan. 1. Any person wishing to file an objection between Dec. 18 and 25, can contact board secretary Judy Day at judy_day@ ivcc.edu and set up a time to file the objection.
IN BRIEF Tonica Volunteer Fire Department responds to crash At 3:46 p.m. on Nov. 28, the Tonica Volunteer Fire Department responded to a two-vehicle accident with air-bag deployment on Route 178 and East 8th Road near North 2401st Road. Responders found two vehicles off the road. Medical personnel evaluated the occupants of the vehicles, who then requested to not be transported to a hospital. The LaSalle County Sheriff’s Office investigated the accident.
Kinzinger statement on death of President George H.W. Bush U.S. Rep. Adam Kinzinger, R-16th District, released this statement following the passing of the 41st president of the United States, George H.W. Bush:
Filing period for IVCC Board of Trustees set for Dec. 10-17 OGLESBY — The period for filing nomination petitions for the April 2 Illi-
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SPRINGFIELD — Chester Weger was denied parole as the Illinois Prisoner Review Board’s vote to review his release resulted in a 7-7 tie on Nov. 29. It takes a majority vote from the board for a prisoner to be released, meaning the man who has been behind bars more than 57 years for his connection to three murders in Starved Rock State Park was one vote
shy of a parole release. A member of the prisoner review board wasn’t present for the vote, which caused Weger’s attor ney to protest the vote. Weger also had family memChester bers at the hearing in Weger Springfield. The Illinois Prisoner Review Board typically releases its rationale days after the hearing. Diane Oetting, a granddaughter of one of the victims of the 1960 murder, said she is grateful Weger didn’t gain parole and for the work the board puts into these matters. “We’re pleased parole was not granted (Nov. 29),” Oetting said. “Keep the families of (the two other
LOCAL NEWS | The Tonica News / tonicanews.com
Starved Rock murderer denied parole by one vote
5
The Tonica News / tonicanews.com • Friday, December 7, 2018
| COMMUNITY
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ILLINOIS VALLEY
Symphony Orchestra concert slated for Dec. 9 Glenn Block will be guest conductor OTTAWA — The Illinois Valley Symphony Orchestra will present “Winter Dreams” at 3 p.m. Sunday, Dec. 9 at the Ottawa High School Auditorium, preceded by a 2:15-2:45 p.m. “Chat with the Conductor.” This concert is sponsored by Wendy and Aziz Asphahani, along with Season Sponsors Ning Communications and Ottawa Radio. All are invited to celebrate the holidays with the IVSO and bring cheer to the season with this festive celebration, a combination of serious/classical and pops/holiday music that includes an audience sing-along. Admission to the concert is by season membership, individual ticket, available online at www.ivso.org or at the door. Adult tickets are $20, college students with an ID $5, and students K-12 are free. The auditorium is handicapped accessible. Guest conductor Glenn Block will lead the orchestra in a program of
Photo contributed
Guest conductor Glenn Block will lead the Illinois Valley Symphony Orchestra in “Winter Dreams,” a program of music for the season, at 3 p.m. Sunday, Dec. 9 at the Ottawa High School Auditorium. music for the season, beginning with Tchaikovsky’s Symphony No. 1 in G Minor, “Winter Dreams,” followed by Leroy Anderson’s medley “A Christmas Festival” and “Hanukkah Festival” by Lucas Richman, an
TONICA
from the University of California at San Diego. A frequent guest conductor, he has appeared in 42 states with all-state and professional orchestras in the United States, Europe and South America. In January 2016, he was on sabbatical from Illinois State University, living and conducting in South America. In 2017, he returned to guest-conduct in Argentina, Paraguay, Uruguay, Italy, China, and Vietnam, in addition to his concerts in the United States. He was invited to serve as principal guest conductor with the National Symphony of Vietnam in Ho Chi Minh City for the 2016-17 seasons. In 2017, he was also invited to lead the international V. Seminario in Dirección Orquestal (V. Seminar in Orchestral Conducting) and orchestra concerts at the Teatro Colón in Buenos Aires, Argentina. In 2018 he was invited to guest-conduct in Wuhan, China (March), Asunción, Paraguay (June), Malaysia and Vietnam (November) and a return to Argentina to the Testro Colon (November).
IN BRIEF
Methodist Church announces Christmas seasonal activities TONICA — The Tonica United Methodist Church announces its Christmas season activities, including 10 a.m. Sunday church services. Sunday, Dec. 9: From 1 to 4 p.m., Sunday school students are preparing a special puppet show. Puppet practice at 1 p.m. followed by caroling through the town and hot chocolate and cookies. All are welcome. Wednesday, Dec. 12: At noon will be the United Methodist Women Christmas pot luck luncheon. Bring a dish to share, your own table service, a guest, and your Christmas spirit. Meat and drinks will be furnished. Saturday, Dec. 15: From 2 to 4 p.m. will be Hanging of the Greens.
arrangement of traditional tunes that mark the celebration of the Jewish holiday. The performance will also include “Russian Christmas Music” by Alfred Reed, based on ancient Russian Christmas carols and Eastern Orthodox liturgical music. The concert will conclude with “A Holly Jolly Sing-Along,” which features many holiday favorites and invites audience participation. Block is in his 28th year as the director of orchestras and professor of conducting at Illinois State University. From 1983 to 2007, he led the Kansas City Youth Symphony program to being one of the largest and most recognized youth symphony programs in the country. Prior to coming to Illinois in the fall of 1990, Block served for 15 years as director of orchestras and professor of conducting at the Conservatory of Music of the University of Missouri, Kansas City and music director of the Kansas City Civic Orchestra. Born in Brooklyn, Block was educated at the Eastman School of Music. He received his doctorate
Chili supper will take place immediately after. Bring your favorite chili recipe and share in a time of happiness and good cheer. Or just come to eat — people are not required to bring chili. Saturday, Dec. 22: At 10 a.m. will be Sunday school practice of for the puppet show. Sunday, Dec 23: At 10 a.m., Sunday School members will perform their puppet show. Monday, Dec. 24: At 6 p.m., celebrate the birth of Christ with Christmas Eve Worship Service with Pastor Deepak Holkar. Monday, Dec. 31: At 6 p.m., Ring in the new year with blessings and a worship service with Pastor Deepak Holkar.
Alzheimer’s Support Group plans to meet on Dec. 17 PERU — The Alzheimer’s Caring Friends Support Group for caregivers, family and friends will be meeting at 6 p.m. on Monday, Dec. 17 at the Peru Public Library at 1409 11th St. The group is sponsored by the Illinois Valley Alzheimer’s Group Inc. For more information, call Peg Gonet at 815-481-6465 or Joanne Milby at 815-223-1885.
Heartland of Henry earns national recognition HENRY — Heartland of Henry has again been named as one of the best nursing homes in the United States by U.S. News & World Report. Heartland of Henry earned a high-performing short stay rating as well as a high-performing overall rating for 2018-19. New this year and first of its kind, U.S. News introduced the short-stay rehabilitation rating. The goal of this rating is to provide patients and families with a clearer view of the quality of care provided by nursing homes to short-stay patients in need of inten-
sive rehabilitation or skilled nursing services before they return home after a surgery, injury or illness. Out of nearly 13,000 nursing homes that were evaluated, 2,042 earned a high-performing rating in short-stay rehabilitation.
Family nurse practitioner joins IVCH’s Oglesby clinic OGLESBY — Family nurse practitioner Britnae Lewis is the newest member of the caregiver team at the Illinois Valley Community Hospital Oglesby Medical Clinic. Lewis was a nurse in the IVCH obstetrics unit before obtaining her nurse practitioner credentials from Maryville University in St. Louis. She earned her bachelor of science in nursing degree at Northern Illinois University following graduation from Illinois Valley Community College. Other medical providers at the Oglesby Clinic include Kelly DeBoer, M.D.; David O’Donnell, D.O.; and Patricia Blackburn, P.A.-C. For more information, call 815-8833588.
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General Terms and Policies The Tonica News reserves the right to classify correctly, edit, reject or cancel any advertisement at any time in accordance with its policy. All ads must be checked for errors by the advertiser, on the first day of publication. We will be responsible for the first incorrect insertion, and its liabilities shall be limited to the price on one insertion. CLASSIFIED LINE AD & LEGAL DEADLINES: • Friday Paper deadline Friday before by 3pm We Accept Call 815-875-4461 classified@bcrnews.com
In Search of '85 or '86 Tonica High School yearbook as a Christmas gift for a loved one. Call 309826-6121
********** THE CLASSIFIED Advertising Department of the Tonica News Does not have the opportunity to fully investigate the credibility of each advertiser appearing within these columns. If an offer sounds “too good to be true” it probably is. Proceed with caution if you are asked to send money or to give a credit card number. Proceed with caution in calling 900 phone numbers. All phone numbers prefixed by”900” are charged to the CALLER. Charges may be assessed on a “per minute” basis rather than a “per call” basis. The Tonica News Classifieds makes every effort to qualify these charges for the reader. If you have a concern about an advertiser, please contact: Better Business Bureau 330 North Wabash Chicago, IL 60611 312 832-0500
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**************** PUBLISHER'S NOTICE All real estate advertising in this newspaper is subject to the Fair Housing Act which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination.” Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18. This newspaper will not knowingly accept any advertising for real estate which is in violation of the law. Our readers are hereby informed that all dwellings advertised in this newspaper are available on an equal opportunity basis. To complain of discrimination call, HUD tollfree at 800 669-9777. The toll-free telephone number for the hearing impaired is 800 927-9275
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999 • Legal Notices
ORDINANCE NUMBER: 2018-0901 AN ORDINANCE ADOPTING A POLICY PROHIBITING SEXUAL HARRASSMENT FOR LOSTANT FIRE PROTECTION DISTRICT WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554, an Act concerning government, which becomes effective immediately, dated November 16, 2017;
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WHEREAS, pursuant to the Act, each government unit shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment; WHEREAS, should any section or provision of this Ordinance or the adopted Policy Prohibiting Sexual Harassment be declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid; NOW, THEREFORE, be it ordained by the corporate authorities of LOSTANT FIRE PROTECTION DISTRICT the following: Section 1. The Policy Prohibiting Sexual Harassment, included as Exhibit A to this Ordinance, is hereby adopted. Section 2. This ordinance shall be in full force and effect on after its passage and publication. PASSED THIS 11th day of November, 2018. AYES: 4 NAYS: 0 ABSENT: 1 Attest: James Kreiser Secretary Terry Patyk President President December 7 , 2018
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POLICY PROHIBITING SEXUAL HARASSMENT
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II. DEFINITION OF SEXUAL HARASSMENT This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as: Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decision’s affecting such individual, or, (3) Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Conduct which may constitute sexual harassment includes: • Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature. • Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises. • Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites. • Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault. • Textual/Electronic: “sexting” (electronically sending messages with sexual content, including picture and video), the use of sexually explicit language, harassment, cyber stalking and threats vial all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter). The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment in more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a “reasonable person.”
IV. PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS No LOSTANT FIRE PROTECTION DISTRICT official, LOSTANT FIRE PROTECTION DISTRICT employee, LOSTANT FIRE PROTECTION DISTRICT agency or LOSTANT FIRE PROTECTION DISTRICT office shall take any retaliatory action against any LOSTANT FIRE PROTECTION DISTRICT employee due to a LOSTANT FIRE PROTECTION DISTRICT employee’s: 1. Disclosure or threatened disclosure of any violation of this policy. 2. Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State Agency or other State employee or 3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act. Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or Federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State of Federal law, rule, or regulation. (740 ILCS 174/15 (b)). According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/ she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act. An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge-due within 180 days (IDHR) or 300 days (EEOC) of the alleged retaliation. V. CONSEQUENCES OF A VIOLATION OF THE PROHIBITION ON SEXUAL HARASSMENT In addition to any and all other discipline that may be applicable pursuant to LOSTANT FIRE PROTECTION DISTRICT policies, employment agreements, procedures, and/or employee handbooks, any person who violates this policy or the Prohibition on Sexual Harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the LOSTANT FIRE PROTECTION DISTRICT and any applicable fines and penalties established pursuant to local ordinance, State law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the LOSTANT FIRE PROTECTION DISTRICT shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a State or Federal agency. VI. CONSEQUENCES FOR KNOWINGLY MAKING A FALSE REPORT A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable LOSTANT FIRE PROTECTION DISTRICT policies, employment agreements, procedures, and/ or employee handbooks. In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State’s Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation. December 7, 2018 SM-PR26404-1207
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III. PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report. Any employee may report conduct which is believed to be sexual harassment, including the following: • Electronic/Direct Communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo. • ContactwithSupervisoryPersonnel.Atthesametimedirectcommunicationisundertaken,orintheeventtheemployeefeelsthreatenedorintimidatedbythesituation,theproblemmust be promptly reported to the immediate supervisor of the person making the report, a department head, or the chief executive officer of the LOSTANT FIRE PROTECTION DISTRICT. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the LOSTANT FIRE PROTECTION DISTRICT will not be presumed to have knowledge of the harassment. • Resolution Outside LOSTANT FIRE PROTECTION DISTRICT. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the LOSTANT FIRE PROTECTION DISTRICT. However, all LOSTANT FIRE PROTECTION DISTRICT employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days. Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages. All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of LOSTANT FIRE PROTECTION DISTRICT. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant’s willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
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I. PROHIBITION ON SEXUAL HARASSMENT It is unlawful to harass a person because of that person’s sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of LOSTANT FIRE PROTECTION DISTRICT to prohibit harassment of any person by any LOSTANT FIRE PROTECTION DISTRICT official, LOSTANT FIRE PROTECTION DISTRICT agent, LOSTANT FIRE PROTECTION DISTRICT employee, LOSTANT FIRE PROTECTION DISTRICT agency or LOSTANT FIRE PROTECTION DISTRICT office on the basis of sex gender. All LOSTANT FIRE PROTECTION DISTRICT officials, LOSTANT FIRE PROTECTION DISTRICT agents, LOSTANT FIRE PROTECTION DISTRICT employees, LOSTANT FIRE PROTECTION DISTRICT agencies or LOSTANT FIRE PROTECTION DISTRICT offices are prohibited from sexually harassing any person, regardless of any employment relationship of lack thereof.
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The Tonica News / tonicanews.com • Friday, December 7, 2018
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ETHICS ORDINANCE OF LOSTANT FIRE PROTECTION DISTRICT ORDINANCE # 2018-0902 PREAMBLE WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act (Public Act 93-615, effective November 19, 2003, as amended by Public Act-93617, effective December 9,2003), which is s comprehensive revision of State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State officials and employees; and WHEREAS, the Act requires all units of local government and school districts, within six months after the effective date of Public Act 93-615, to adopt ordinances or resolutions regulating the political activities of, and the solicitation and acceptance of gifts by, the officers and employees of such units “in a manner no less restrictive” than the provisions of the Act; and WHEREAS, it is the clear intention of the Act to require units of local government and school districts to implement regulations that are at least as restrictive as those contained in the Act, and to impose penalties for violations of those regulations that are equivalent to those imposed by the Act, notwithstanding that such penalties may exceed the general authority granted to units of local government to penalize ordinance violations; and WHEREAS, it is the clear intention of the Act to provide units of local government with all authority necessary to implement its requirements on the local level regardless of any general limitations on the power to define and punish ordinance violations that might otherwise be applicable; and WHEREAS, because the Act provides for the imposition of signification penalties for violations of said local regulations, it is necessary to adopt the required regulations by Ordinance rather than by Resolution; NOW, THEREFORE, BE IT ORDAINED BY THE TRUSTEES OF THE LOSTANT FIRE PROTECTION DISTRICT, AS FOLLOWS: SECTION 1: The Code of Ordinances of LOSTANT FIRE PROTECTION DISTRICT is hereby amended by the addition of the following provisions: ARTICLE 1 DEFINITIONS Section 1-1. For purposes of this ordinance, the following terms shall be given these definitions: “Campaign for elective office” means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties. “Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (10 ILCS 5/1-3). “Collective bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3). “Compensated time” means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Ordinance, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, “compensated time” included any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. “Compensatory time off” means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. “Contribution” has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4). “Employee” means a person employed by the LOSTANT FIRE PROTECTION DISTRICT, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. “Employer” means the LOSTANT FIRE PROTECTION DISTRICT. “Gift” means any gratuity, discount, entertainment, hospitality,
loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an office or employee. “Leave of absence” means any period during which an employee does not receive (i) compensation for employment (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer. “Officer” means a person who holds, by election or appointment, an office created by statue or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. “Political activity” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties. “Political organization” means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk. “Prohibited political activity” means: (1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. (4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. (8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. (10) Preparing or reviewing responses to candidate questionnaires. (11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question. (12) Campaigning for any elective office or for or against any referendum question. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate, or proxy to a political party convention. (15) Participating in any recount or challenge to the outcome of any election. “Prohibited source” means any person or entity who: (1) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; (2) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; (3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. ARTICLE 2 PROHIBITED POLITICAL ACTIVITIES
Section 2-1. Prohibited political activities. (a) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the LOSTANT FIRE PROTECTION DISTRICT in connection with any prohibited political activity. (b) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off). (c) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. (d) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Ordinance. (e) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. ARTICLE 3 GIFT BAN Section 3-1. Gift ban. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer to make a gift that violates this Section. Section 3-2. Exceptions. Section 3-1 is not applicable to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. (3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. (5) Travel expenses for a meeting to discuss business. (6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiancé or fiancée. (7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. (8) Food or refreshments not exceeding $75.00 per person
whether criminal or civil, an officer or employee who intentionally violates any provision of Article 2 or Article 3 of this Ordinance is subject to discipline or discharge. SECTION 2: This Ordinance shall be in effect upon passage, approval, and publication as provided by law. PASSED THIS 11th day November, 2018. AYES: 4 NAYS: 0 ABSENT: 1 Terry Patyk President Attest: James Kreiser Secretary
December 07, 2018
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• Friday, December 7, 2018
Code of 1986, as now or hereafter amended, renumbered, or succeeded. ARTICLE 4 PENALTIES Section 4-1. Penalties. (a) A person who intentionally violates any provision of Article 2 of this Ordinance may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. (b) A person who intentionally violates any provision of Article 3 of this Ordinance is subject to a fine in an amount of not less than $1001 and not more than $5000. (c) Any person who intentionally makes a false report alleging a violation of any provision of this Ordinance to the local enforcement authorities, The State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2500. (d) A violation of Article 2 of this Ordinance shall be prosecuted as a criminal offense by an attorney for the LOSTANT FIRE PROTECTION DISTRICT by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Article 3 of this Ordinance may be prosecuted as a quasi-criminal offense by an attorney for the LOSTANT FIRE PROTECTION DISTRICT. (e) In addition to any other penalty that may be applicable,
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in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they are purchased or prepared or (ii) catered. For the purposes of this Section, “catered” means food or refreshments that are purchased ready to consume are delivered by any means. (9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, “intra-governmental gift” means any gift given to an officer or employee from another officer or employee, and “inter-governmental gift” means any gift given to an officer or employee by an officer or employee of another governmental entity. (11) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 3-3. Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue
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