CASA Kane County
Whistle Blower Policy
Court Appointed Special Advocates CASA/GAL organization of Kane County requires the Board of Directors, its officers, CASA employees and CASA volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As representatives of CASA, they must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. This Policy is intended to encourage and enable employees to raise serious concerns within CASA and share their questions, concerns, suggestions or complaints with someone who can properly address the concerns; and
If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, he or she is encouraged to contact his or her supervisor. However, if the employee is not comfortable speaking with his or her supervisor or is not satisfied with the response received, he or she is encouraged to speak with anyone in management with whom he or she feels comfortable approaching. The Executive Director will report suspected violations brought to their attention to the Executive Committee of the Board of Directors so that an investigation by the Finance & Legal Committee of the Board of Directors may be conducted; and
As an Illinois employer, CASA Kane County follows the Whistleblower Act, 740 ILCS 174/1 et. Seq. (West 2008). As such, “[a]n employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency if the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation.” 740 ILCS 174/10 (West 2008).
An employee is an individual, employed full time, part time or on a contractual basis by CASA Kane County. 740 ILCS 174/5 (West 2008). Riedlinger v. Hudson Respiratory Care, Inc., 478 F. Supp.2d 1051, 1054 (N.D. Ill. 2007).
Examples of activities that may violate State or federal law, rule, or regulation includes billing for services not performed or for goods not delivered and other fraudulent financial reporting.
The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.
Whistleblower protections are provided in two important areas – confidentiality and protection from retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide the accused individuals their legal rights of defense.
All reports of wrongdoing will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. CASA Kane County will not retaliate against a whistleblower by taking an adverse employment action, such as termination, compensation decreases, or poor work assignments and threats of physical harm, because the whistleblower reported a concern. Any whistleblower who believes he/she is being retaliated against must contact the Board Treasurer immediately. The rights of a whistleblower to protection against retaliation do not include immunity for any personal wrongdoing of the whistleblower that is alleged and investigated and are limited to those protections allowed by statute. Employees must exercise sound judgment to avoid baseless allegations. Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith with sound judgment and have reasonable grounds for believing the information discovered indicates a violation. Any allegations that are maliciously reported, or made knowingly to be false, will be subject to discipline up to and including termination.
Managers are also required to report suspected violations of this Policy and should do so to the Executive Committee. The Executive Committee has specific and exclusive responsibility within CASA Kane County to request an investigation of all reported violations.
In many cases, the Finance & Legal Committee may be assigned responsibility for investigating and resolving reported complaints and allegations concerning violations and for keeping the Executive Committee and Executive Director apprised of the status of the investigation. The Executive Committee has direct access to the Board of Directors and is required to report to the Board at least annually on compliance activity; and
The Finance & Legal Committee shall address all reported concerns or complaints regarding accounting practices, internal controls or auditing. The Executive Committee shall immediately notify the Finance & Legal Committee of any such complaints and will work with the Committee until the matter is resolved; and
Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, including compliance with the law and to provide accused individuals their legal rights of defense.
Click here to download a copy of our Whistle Blower Policy PDF
