SHAKMAN TRAINING

1. SHAKMAN TRAINING Cook County Recorder of Deeds www.recordershakman.com (312) 603-8821

2. OVERVIEW What is the Shakman case? Who are we and what is our role? How has the Recorder committed to ensuring compliance with Shakman? Does Shakman apply to all positions within the Recorders of Deeds office? What conduct is prohibited by Shakman? How does Shakman affect you? What are some of the most frequently asked questions about Shakman? How do you make a claim for unlawful political discrimination?

3. WHAT IS THE SHAKMAN CASE? In 1969, a federal civil lawsuit entitled Michael L. Shakman, et al. vs. Democratic Organization of Cook County, et al., case number 69 C 2145 ("The Shakman Case"), was filed by a group of plaintiffs against various defendants including The Cook County Recorder of Deeds. In 1992, The Cook County Recorder of Deeds entered into a Consent Decree with the plaintiffs to resolve some of the claims made in the lawsuit.  The Recorder's Consent Decree specifically prohibited the Recorder from "conditioning, basing, or knowingly prejudicing, or affecting any term or aspect of governmental employment including, without limitation, hiring, promotion, demotion, transfer and discharge (other than for Exempt Positions) upon or because of any political reason or factor.“ In 2010, the Court entered a Supplemental Relief Order (“SRO”) with respect to the Recorder’s Office to ensure, among other things, that the Recorder complies with hiring and employment practices as they relate to political consideration. 

4. WHO ARE WE AND WHAT IS OUR ROLE? • Under an Order from the Northern District of Illinois Federal Court, Cardelle Spangler has been appointed to serve as the Recorder’s Compliance Administrator to ensure the Recorder’s Office’s future compliance with the Shakman decree. • What is the role of the Office of the Recorder Compliance Administrator (“RCA”)? • Monitor employment actions • Review employment practices and procedures • Train employees including "trainers" • Perform desk audits • Establish new employment plan • Adjudicate claims • Retaliation is prohibited for assisting RCA and her staff in fulfilling her duties. • More information at www.recordershakman.com

5. RECORDER’S COMMITMENTS & EXECUTIVE ORDER Recorder Moore has committed to operate his office in compliance with all provisions of the Supplemental Relief Order (the “SRO”) that was entered by the Court. The Recorder has pledged his ongoing support and cooperation with the Recorder Compliance Administrator (“RCA”), Cardelle Spangler. Recorder Moore has committed to developing an Employment Plan to increase transparency and accountability in all Employment Actions. The Recorder has issued an Executive Order prohibiting the conditioning of any employment decision for Shakman covered employees on political factors. This can be found on the Recorder’s and RCA’s websites.

6. RECORDER’S EXECUTIVE ORDER The Recorder’s Executive Order: • prohibits unlawful political discrimination; • requires all employees of the Recorder’s Office to report unlawful political discrimination; and • prohibits any retaliation for reporting potential Shakman violations. All Recorder’s Office employees are strictly prohibited from directly or indirectly influencing any term or condition of employment because of political reasons or factors, including: • any employee’s or prospective employee’s political affiliation; • political support or activity; • political financial contributions; and • promise of future political support.

7. APPLICABILITY OF THE RECORDER’S EXECUTIVE ORDER This Executive Order is applicable to all Non-Exempt Recorder’s Office positions. Any employee found in violation of this General Order, including all procedures outlined, may be subject to discipline, up to and including termination of employment, in accordance with any applicable Collective Bargaining Agreements and State or Federal statutes.

8. THE COOK COUNTY ETHICS ORDINANCE The Recorder’s Executive Order relating to political discrimination is consistent with the Cook County Ethics Ordinance (Sec 2-560, et al). The Ethics Ordinance, as amended, prohibits unlawful political discrimination and states in pertinent part: Section 2-583: • No official or employee shall compel, coerce, solicit or intimidate any County official or employee to make or refrain from making any political contribution. • County employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). • County employee shall not be required at any time to participate in any prohibited political activity in consideration for that employee being awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise.

9. SHAKMAN-EXEMPT VS. SHAKMAN NON-EXEMPT EMPLOYEES Shakman Non-Exempt Employees Make up the vast majority of employees at the Cook County Recorder of Deeds. May not have their employment at the Cook County Recorder of Deeds affected for political reasons or factors. Shakman Exempt Employees A certain class of employee is Shakman Exempt and political factors may be considered for this class of employee.  Why have Shakman Exempt employees at all? May Shakman Exempt employees discriminate against Shakman Non-Exempts on the basis of political reasons or factors?

10. WHAT IS PROHIBITED BY SHAKMAN? It is impossible to capture all forms of prohibited conduct. Examples of such conduct include, but are not limited to, the following: • conditioning employment, promotion, termination, or transfer on political work or party affiliation; • requiring contributions to any political party as part of any employment action; • requiring employees to assist at the polls on Election Day; • permitting job related benefits to induce or reward campaign work; • requiring applicants to have political connections in order to be hired; • requiring employees to have political connections in order to be promoted;

11. EXAMPLES OF PROHIBITED CONDUCT (CONTINUED) • withdrawing or delaying a posting until the politically-favored candidate gains the minimum experience necessary for the job; • lowering minimum requirements so that a less accomplished, but politically connected, individual can qualify for the position; • manipulating interviews, applications or test scores to favor a candidate for political reasons or factors; • permitting politically connected individuals to unfairly gain salary, or position, or to avoid discipline for political reasons or factors; • requiring individuals without political protection to work outside their job description without a raise or the chance for upgrade or promotion; • giving individuals without political protection the duties of a higher position with a promise of a promotion but giving the promotion to a politically connected individual;

12. EXAMPLES OF PROHIBITED CONDUCT (CONTINUED) forcing individuals without political protection to do the work of politically protected co-workers; giving less qualified but politically connected individuals promotions or reclassifications sought by the non-connected employees; subjecting individuals without political protection to false accusations and disciplinary charges; rewarding political activity and contributions; subjecting individuals without political protection to harassment at the hands of politically protected supervisors or co-workers; and awarding overtime, availability of resources, shift and transfer requests based on political factors.

13. UNLAWFUL POLITICAL REASONS OR FACTORS - EXAMPLES Recommendations not based on personal knowledge of the person’s work skills, work experience or other job related qualifications; Campaign Work if not strictly about the quality of the work performed; Monetary or other contributions to a political office-holder, candidate, campaign, party, organization or other political entity; Party Affiliation; and Political Views.

14. HOW WILL SHAKMAN AFFECT YOU? Claims Process Development of Employment Plan and Procedures Desk Audits Monitoring of Employment Actions Duty to Report Any Unlawful Political Discrimination

15. IMPLEMENTATION OF SHAKMAN • The most effective way to implement Shakman is through: • Merit-based Employment Plan and procedures; • Transparent and accessible Employment Plan and procedures; • Transparent and accessible Job Descriptions and Organizational Charts; • Systematic and logical Performance Evaluations; and • Enforcement of violations of all of the above.

16. SHAKMAN CERTIFICATION FORMS • Shakman Certification Forms • All employees involved in the hiring process will be required to execute the Recorder’s Shakman Certification form, certifying that political considerations did not enter the hiring process. • All applicants interviewed for Shakman covered positions will be required to execute the Recorder’s Shakman Certification for Applicants and Candidates, which indicates that political considerations were not a part of the application process. • There are severe penalties, including discipline, discharge and possible criminal charges for falsifying a Shakman certification.

17. FREQUENTLY ASKED QUESTIONS 1.  Am I Shakman exempt? If your position is Shakman Exempt, your position will be listed on the Exempt list that can be obtained from Assistant State’s Attorney Lisa Meador. 2.  What should I do if I get a call from an individual recommending a job applicant? Instruct the caller that he or she must put the request in writing and send it to Felix Babatunde, Recorder’s Shakman Liaison, at the Office of the Cook County Recorder of Deeds, 118 N. Clark, Room 230, Chicago, IL 60602.  3. What should I do if I receive a letter about a job applicant? You must forward the letter to Felix Babatunde, at the address above. 4.  What should I do if I want to make a call about a job applicant? You should put your request in writing and send it to Felix Babatunde, at the address above.

18. FREQUENTLY ASKED QUESTIONS 5.  If my supervisor asks me to contribute to a campaign, do I have to? No. It is your decision whether or not to contribute.  Your supervisor is aware of that.  If your supervisor pressures you to make a contribution, you should report this to the Office of the Independent Inspector General, 69 W. Washington, Ste. 1160, Chicago, IL 60602. 6.  Must I do political work? No. 7.   Must I put a sign in my yard or in my window? No. 8. If I am aware of political discrimination, do I have to report it? Yes. 

19. CLAIMS OF UNLAWFUL POLITICAL DISCRIMINATION • Currently, the RCA is accepting claims of unlawful political discrimination. The SRO contains two distinct claims processes. • The first procedure governs the handling of claims where the alleged discriminatory action or actions occurred on or after May 25, 2005 and on or before September 13, 2010 (“Pre-SRO claims”). • The second procedure governs the handling of claims where the alleged discriminatory action(s) occurred on or after September 14, 2010 (“Post-SRO claims”). • It should be noted that Shakman violations are not all encompassing, which is to say that causes of action that are not related to political considerations (e.g., claims of age, sex, race and gender discrimination) are not handled by the RCA and may only be pursued in another forum.

20. PRE-SRO CLAIMS • Where to get Pre-SRO Claim Forms? • What should I include in my claim? • Details • Supporting Documents • Explicit bases for why you feel you were the victim of unlawful political discrimination • Where do I file my claim? • April 8, 2011 is the AMENDED deadline for filing Pre-SRO Claims

21. PRE-SRO CLAIMS PROCESS (CONTINUED) • What happens after I file my claim? • Interview(s) of Claimant • Document Request • Interview(s) of Witness(es) • Important Notes: • Only monetary damages are available to claimants • No injunctive relief is possible • Filing a claim does not ensure you will receive an award • All decisions by RCA are final and non-appealable • Confidentiality is not guaranteed • Zero tolerance for retaliation • July 7, 2011is AMENDED deadline for Claims Adjudication Letters

22. NEED HELP DRAFTING YOUR CLAIM PRE-SRO FORM? You have several options: Call the Office of the RCA with any questions – (312) 603-8821 Retain your own legal counsel Contact the University of Chicago Law School’s Mandel Legal Clinic’s Employment Discrimination Project at (773) 702-9611 More information on: www.recordershakman.com

23. OPTING OUT OF THE PRE-SRO CLAIMS PROCESS • Why might I want to Opt Out of the Pre-SRO Claims Process if I have a claim of unlawful political discrimination during the specified time period? • Injunctive Relief is the only remedy you are seeking and monetary compensation will not satisfy you if your claim succeeds. • You prefer pursuing your claim(s) in court. • Where do I get the Opt Out Form? • www.recordershakman.com • The RCA cannot provide you legal advice so please consult an attorney if you choose to Opt Out of the Pre-SRO Claims Process.

24. OPTING OUT OF THE PRE-SRO CLAIMS PROCESS (CONTINUED) • Whatare the consequences of Opting Out of the Pre-SRO Claims Process? • You may not pursue claims based on the SRO or Recorder’s Consent Decrees for political discrimination in existence prior to September 14, 2010. • You may still file a claim of Unlawful Political Discrimination but may not allege the Recorder’s Office violated the SRO or Consent Decrees • More information on www.recordershakman.com, www.ccrd.info, and http://www.co.cook.il.us/portal/server.pt/community/inspector_general/ • April 8, 2011 is the deadline for filing your Opt Out Form with the RCA.

25. POST-SRO CLAIMS • Claims of unlawful political discrimination occurring on or after September 14, 2010. • Where do I get the forms to file a Post-SRO Claim? • www.recordershakman.comandwww.ccrd.info • Where do I file my Post-SRO Claim? • Office of the Independent Inspector General (“OIIG”) • OIIG will investigate these claims within 180 days and then: • Mandatory Settlement Conference • Arbitration Option • Zero tolerance for retaliation

26. SUMMARY The Shakman Decrees, the SRO, the General Order and the Cook County Ordinance establish that employees and job applicants have a right to be free from political discrimination in public employment. Political factors must not be considered in employment decisions for Shakman covered positions and will not be tolerated. Violations of the Shakman Decrees may subject the Recorder’s Office and the individual to liability or disciplinary action. Such violations may also result in criminal prosecution punishable by fine or imprisonment. It is hoped that a full understanding of the rights, duties, and obligations of Recorder’s employees will lessen, if not eliminate, the instances of unlawful political decision making. Please see www.recordershakman.comfor more information on everything discussed today or call Recorder Compliance Administrator, Cardelle Spangler, at (312) 603-8821.