Sikich Report (Redacted) PDF

CONFIDENTIAL
CITY OF MOLINE
EMPLOYEE FORMAL INVESTIGATION
EXECUTIVE SUMMARY OF FINDINGS
Sikich Human Capital Management & Payroll

Consulting
October 19, 2020
EXECUTIVE SUMMARY OF FINDINGS FROM FORMAL INVESTIGATION
The City of Moline requested that Sikich, LLP conduct a formal independent investigation
after a formal complaint was filed by an employee. It was determined by the City Council and
Mayor to bring in an outside non-biased expert to complete this review.
, Managing Director of the Sikich, LLP Human Capital and Management

Payroll Consulting team was brought in to complete the investigation. The investigation
included a review of written documentation such as emails, company policies, company
training, job descriptions, and company organization chart as well as one on one interviews
with participants involved in the complaint. Documents were provided by the City of Moline
Human Resources as well as from Martin Vanags, Interim City Administrator. All
documentation and other items reviewed during the investigation are included in as Exhibits
to this Executive Summary.
Complaint Allegation
On October 1, 2020, at 6:48 pm CST, sent an email

(Exhibit A) to Alison Fleming, City of Moline Human Resource Manager, and to the City’s
legal counsel, Margaret Kostopulos and Derke Price.
In the email, stated in accordance with City policy on reporting sexual

harassment, he was filing a report of several incidents that he recently witnessed regarding
his supervisor, Martin Vanags, Interim City Administrator. Along with his email,
provided six (6) attachments (Exhibits B thru G) outlining specific events to support his
allegations.
He further alleged in the complaint the statement made and stories told by his supervisor,
Martin Vanags, have been detrimental to ’s direct reports,
and . He also stated he was fearful of retaliation from filing the complaint as he
stated he had already been a victim of documented retaliation and retribution by Martin
Vanags since he, Martin, has been working for the Council.
Participants Involved
Sikich HR Consultant, , conducted one-on-one in person and/or phone

interviews with members from the . All interviews were
th
conducted at a neutral location, 1515 5 Avenue, Suite 320, in Moline, Illinois. The individuals
interviewed as part of the investigation included:
 is the
. He reports to and has years of service
with the City. The investigation interview with was conducted in person on October
6, 2020 at 10:00am.
 is the
. He reports to and has years of service with the City as of
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City of Moline | Employee Formal Investigation
February 2021. The investigation interview with was conducted in person on
October 6, 2020 at 11:00am.
 is the . He reports
to and has years of service with the City. The investigation interview
with was conducted in person on October 6, 2020 at 12:00pm.
 is the . He reports the Martin Vanags and has

30 years of service with the City. has previously served as the
from thru , again from thru
, and most recently from thru . The
investigation interview with was conducted via a video conference call on October
6, 2020 at 1:00pm. The call was conducted by video call due to being quarantined
due to the Coronavirus.
 Martin (Marty) K. Vanags is the Interim City Administrator/Executive Department. He

was contracted from GovTemps USA, LLC and started on May 27, 2020. The
investigation interview with Marty was conducted in person on October 6, 2020 at
2:30pm.
Interview Process
All interviews began by the Interviewer, , providing the following as part of the
meeting introduction:
i. Expressed appreciation for their time

ii. Explained the purpose of interview (During the interviews with and it
was not revealed who filed the complaint)
iii. defined her role as an investigator and a made a formal introduction to herself
iv. Defined the role and expectations of the employee which were to participate in the
investigation by providing honest and truthful insights
v. Identified the goal of the investigation: “Our goal is to move through the process
quickly, leveraging our expertise and the information at hand to bring the matter to a
conclusion. No conclusion will be made until all the facts have been gathered and
analyzed. A final report with our recommendations will be prepared and presented to
the Mayor and City Council for review.”
vi. Reviewed confidentiality concepts:
a. “Our responsibility is to protect the confidentiality of employee claims to the
best of our ability. At the same time, we have to conduct a prompt and effective
investigation. Therefore, it may not be possible to keep all information gathered
completely confidential. All information gathered will remain confidential to the
extent possible for a thorough investigation. Any information revealed will be
shared only on a “need to know” basis.”
b. “To maintain the integrity of the investigation, we ask that our discussion today
remain confidential and that you do not discuss the contents with anyone
outside of this meeting/call. Any questions or inquiries related to the
investigation or the status of the investigation, should be directed to me.”
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vii. Provided an overview of protection against retaliation (reference handbook policy) and
further explained that any attempt to influence the outcome of this investigation by
retaliating against anyone who participates, providing false information or failing to be
forthcoming can be the basis for corrective action, up to and including termination.
viii. Provided interview ground rules:
a. Confirmed no one else would be present in the room (or on the phone call);
b. The conversation would not be recorded; and
c. Permission was not given for this conversation to be recorded.
All employees involved in this review were encouraged to share emails and or documentation
if they felt there were specific examples of communication that exhibited harassing behavior
or if they had any additional information that would be relevant to the investigation.
All interviews were concluded by:

i. Stating appreciation for their insight and assistance with the investigation.
thanked each participant for their openness and honesty during the interview.
ii. Reviewing the confidentiality concepts (repeated verbatim from introduction)
iii. Obtaining contact information in case there were questions or additional clarification
was needed on any of the information discussed.
iv. Each participant was provided ’s contact information.
Background on Investigation Participants

o He has frequent interactions with both and Marty on a daily and weekly
basis.
o He described and Marty’s interactions as professional by trying to work
together to achieve common goals. He has not seen a change in their behavior
towards each other. He has not noted any changes in their interactions.
o Finds the work environment, morale, and culture to be rough. This could be
due to department studies (possible outsource), COVID and them be very short
staffed.
o He had not observed any inappropriate or offensive behavior which he
considers it all locker room talk.
o acknowledged the City’s policy prohibiting sexual harassment and
confirmed he understood his obligations as an employee and supervisor. He
stated he did not have questions on the process. (Exhibit J)
o commented that he thought this whole thing was “a bit silly at first” but
looking back at the training they went through, he understood why the City is
looking into this further.

o He has frequent interactions with both and Marty on a daily and weekly
basis.
o stated is a communicator and tries to provide as much information
as possible to make his people successful. He is always positive and
professional and has respect for Marty and the chain of command.
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o He described Marty as “almost bipolar.” He finds Marty to be great with staff as
he is very friendly, and you can hardly get him out of your office. Other times,
it is the other extreme where he can be short and curt. He can be difficult,
challenging and sometimes not tactful.
o described the work environment as horrible due to the lack of staff and
resources. Staff is doing a fantastic job, but they are burnt out and stressed.

o He has frequent daily interactions with
o has infrequent, maybe once or twice every week, dealings with Marty.
o He described and Marty’s interactions as cordial and has not seen any
changes in their relationship towards each other.
o finds the work environment, morale, and culture to be in survival mode.
Morale is very poor, they are understaffed, future is uncertain, and they are
dealing with a purchasing freeze.

o has daily interactions with Marty mostly by email, phone and in person.
o Marty and have weekly one on one meetings.
o stated he did not have any concerns meeting with Marty alone.
o described his relationship with Marty as professional. He stated he shows
him tremendous respect and always will.
o He stated the morale had been better. They are short staffed, and as a result
his employees are being tasked beyond capacity.
o When asked to define the word “offensive”, he stated “my definition is different
than yours.” He further stated, “people should conduct themselves in a
professional manner when at work and the comments made by his superior
were completely inappropriate.” A definition was not provided by the
interviewer.
o was asked if he had discussed his complaint or the incidents surrounding
the complaint with any of his peers who report to Marty. replied “no” and
further stated that he was not aware if any other direct reports had issues or
concerns with Marty.
o confirmed none of his direct reports had filed complaints regarding the
incidents contained in the complaint he submitted.
o confirmed he had served as during his
employment with the City of Moline. He further stated he had no interest to
pursue the position as a permanent role.
o was asked if he was aware of any other incidents or if he had any other
concerns outside of those mentioned or referenced in his complaint and he
stated, “no.”
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o He also confirmed this is the first time he has filed a formal report on any of the
incidents mentioned or referenced in his complaint. Prior to sending the email
dated October 1, 2020, had not previously notified Human Resources or
the Mayor of his concerns.
o was asked what he would like to see done to ensure situations such as
those reported do not occur again in the future. He responded, “I won’t suggest
an outcome.”
 Martin (Marty) Vanags

o Marty states he has a good working relation with and thinks the relationship
has been good. Marty tries to challenge him in ways he is not used to in order
to help him grow.
o He feels there is some tension between them since had previously held
the position Marty currently is in.
o He finds sometimes is not very responsive to his requests. As he must ask
him for information repeatedly.
o He finds that gets frustrated with Marty’s questions. Mary stated he asks a
lot of questions to learn and understand the process while also trying to
anticipate the questions he might receive from the City Counsel.
o Marty states he has a very strong relationship with his other direct reports.
o He describes the culture as a culture of “CYA”. He felt too many emails are sent
on a regular basis. Email is the preferred method of communication for many
at the City.
Essential Facts
 is one of direct reports of Marty Vanags.

 None of the manager’s reporting to expressed concerns with working for or with
Marty.
 Besides , none of the parties present during any of the events filed a complaint
either verbally or written with their immediate supervisor, or Human Resources.
 According to the City of Moline’s Policy Prohibiting Sexual Harassment (Exhibit J)
o Supervisors’ Responsibilities:
i. Each supervisor and department head have a responsibility to maintain
the workplace free of sexual harassment. This duty includes to lead by
example and not participate in prohibited behavior or allow it to occur in
the workplace.
ii. Supervisors are to report all incidents of prohibited actions or behaviors
to their department heads, and the Human Resources Manager,
Corporation Counsel, the City Administrator, or the Mayor (or his or her
designee).
o Employee’s Responsibilities:
i. 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
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communicating her/his position to the offending person and by reporting
the behavior to the employee’s immediate supervisor.
ii. Any employee should report any conduct he/she believes to be sexual
harassment, preferably in writing, immediately to the Human Resources
Manager, Corporation Counsel as Ethics Officer, or the City
Administrator.
SUMMARY OF FINDINGS FROM SUPPORTING DOCUMENTATION & EVENTS
 Email dated October 1, 2020 (Exhibit A)

o indicated the only person he spoke to prior to October 1, 2020 about the
harassment complaint was his attorney.
i. Two (2) of his three (3) managers indicated notified them he was
filing the complaint prior to October 1, 2020.
1. had not thought anymore about it until advised , he
was pursuing a complaint about Marty and reminded him of the
comment.
2. stated he knows struggled with filling the complaint
but knew his obligations. further confirmed that did
discuss the complaint with him.
3. stated did not discuss the complaint with him nor make
him aware that he was filing a complaint.
o stated the effect of Vanags’ statements and stories of sexual encounters,

masturbation and his statement calling the Council “liars” have been
detrimental to his managers.
i. This was not validated by the managers.
o made an additional statement following the “detrimental” comment that he

overheard tell at the last Council meeting (held on September 22,
2020), did not want to meet with Vanags without having present as
well.
i. When asked why made this comment, stated that he did not
ask why he felt this way.
ii. When meeting with , he advised his reason for not wanting to meet
without was out of respect for the chain of command and had
nothing to do with Marty or the past incidents.
o stated he was a victim of documented retaliation and retribution by Vanags

since he has been working for the .
i. could not provide proof of these allegations and confirmed he did
not report the retaliation and retribution prior to making the statement in
the October 1, 2020 email. He stated Marty issued him a discipline
warning and that he has had different responsibilities taken away from
him as a result of “calling him out on his bullying and intimidation.”
ii. was asked to provide more information on the “calling him out”
situation. He responded, “he doesn’t want to blur the lines. This was not
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the purpose of my complaint. My responsibility is different then my
responsibilities to report these situations.” He stated he had written a
statement and did not have his notes in front of him so he could not be
specific about the details. However, he did state it was related to the
installation of the new carpet in the building and the
cancellation of one of his day’s off back in July.
 Drive with and Marty June 25, 2020 (Exhibit B)

o This was a business trip for and to take Marty to Coal City to see
Turner Farm.
i. recapped a story he stated told them in the car that found
to be extremely offensive and inappropriate.
1. stated “during the drive Marty told a story about a time when
he was working for some private development consortium or
something like that up around Dixson or Rock Falls Area. He said
that he invited a couple men to come and participate in some
gathering and had the two guys share a hotel room. He said one
of the men told Vanags the next morning about the other man
getting drunk and bringing a woman to the room and having sex
with her in the same room. He then told us the man that had sex
went into the bathroom and started raising all kinds of ruckus and
commotion and woke up the roommate because he was trying to
go to the bathroom and still had the rubber on his dick and started
to piss and began yelling out loud and pissing all over and the
rubber broke and there was an incredible mess in the bathroom.”
a. was asked to repeat the story again in his words to
clarify what was said, however, he stated “do I have to?
Can you just read what I wrote? I find it embarrassing.”
ii. When was asked about if he recalled any inappropriate comments

being made during his meetings with and Marty, he recalled a story
shared by Marty during their trip to the farm. He is not sure how the topic
came up. He recalls Marty telling the story as follows: “Marty shared a
hotel room with a work colleague. He stated when the colleague
returned for the evening to the hotel room he went to the restroom. The
colleague had forgotten to remove his condom, when he tried to go to
the bathroom, it exploded and sprayed all over the bathroom making a
big mess.”
iii. Marty admitted to telling a story during the trip. He recounted the story
by stating, “During a business trip, I shared a hotel room with a work
colleague. When the colleague returned for the evening to the hotel
room he went to the restroom, forgetting he hadn’t removed his condom,
he tried to go to the bathroom causing the condom to explode and
sprayed all over the bathroom.”
1. Marty stated, he does not recall the conversation leading up to
the story or why he even thought to tell the story. He regrets that
he made them feel uncomfortable. “It’s very regrettable – I was
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trying to endear myself to the guys – I was eager to fit in. This is
not an excuse and I know it was wrong.”
iv. stated “I couldn’t see ’s face from my seat in the truck, so I

didn’t see his physical reaction. I couldn’t be sure if he was as offended
and sickened as I was or not by how disgusting Marty’s story was.”
1. commented he was more worried about how the story
affected than himself. He also confirmed he did not make a
comment at the time nor did he mention anything to Marty later
about the story.
v. confirmed the only time he discussed the incident with was in

August after Marty dropped the “f” bomb during a meeting.
vi. stated he had not discussed the story with anyone else after it
occurred. He stated a couple weeks later, brought the topic up to
him asking “hey did that really happen?”
vii. did not comment on the story by stating it threw him for a loop
because he did not think it was appropriate talk for the workplace.
stated the incident did not impact him personally however it gave him a
different opinion of Marty.
viii. did not report the incident to Human Resources or to anyone else
at that time. He further stated he had not discussed it with anyone else
other than his wife and attorney.
ix. was asked if he thought if he had immediately reporting the incident

on June 25, 2020 and it was addressed, if it would have prevented the
other incidents. stated, “at the time he thought it was a one-time
incident.”
 Meeting August 3, 2020 (Exhibit C)

o During a meeting at the with , Marty & stated Marty
used a vulgar word.
i. indicated during their meeting he could not recall the context,
however during the conversation he recalls Marty dropping the “f” bomb.
ii. stated he did not mention his concerns to Marty during or after the
meeting nor did he report the incident or his concerns to anyone.
iii. Marty said he thought this claim was ridiculous and does not recall if he
said but that it is possible, he did.
iv. did not mention nor recall this incident during his interview session.
o After Marty’s departure, and discussed the situation from June 25,
2020, which claims had a lasting negative effect on .
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i. “a cuss word in the workplace is not as alarming but its apparent
the story had an impact on because he remembered the
conversion from the June 25th.”
 August 19, 2020 Meeting with and Marty (Exhibit D)

o Meeting in the Law Conference Room with Marty, , and
i. stated Marty made outlandish statements about the City Council
members.
1. reported during the meeting, Marty said “the City Council is
a bunch of buyers, and buyers are liars, and the City Council
members are guilty of talking out of both sides of their mouths.”
ii. stated he had observed inappropriate behavior. He stated he

heard Marty make a comment in a meeting about City Council and how
they “talked out of both sides of their mouth.” He thinks it presented
poorly and should not come from upper management. He could not
recall who else was present at the meeting or the exact statement
made.
iii. Marty did not recall the contents of the conversation but said he did not
call the City Council Members liars.
iv. found Marty’s remarks to be detrimental to the spirit of collaboration.

stated, “just two days prior to this particular meeting, Marty had
made a statement to him, his managers’ behavior was his responsibility
and then two days later in front of ’s managers, Marty made this kind
of statement.”
 Grant Discussion September 18, 2020 (Exhibit E)

o , Marty, and had a meeting at the building to discuss
possible bike path routes to be apart of the grants.
i. states during the meeting Marty made an inappropriate sexual
comment.
1. states during a meeting discussion, the Union was asking
about anticipatory thoughts on different financial plans, Marty
said, “anticipatory thoughts, well I anticipate that I will masturbate
this evening. That’s a thought.”
a. asked that his statement be referenced for the
comment details. He stated it made him speechless and
came to the conclusion that Marty had a habit of being
inappropriate. He did not look to see what ’s reaction
was nor does he recall anything else that was discussed.
b. confirmed he did not mention his concerns to Marty
either during the meeting or after, nor had he filed any
complaints on the situation.
ii. When was asked if he recalled any inappropriate comments being

made during his meetings with . and Marty, he recalled the comment
made by Marty about masturbating. He stated he was a bit surprised by
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the comment since ’s style is more of a professional office style. He
did not comment, only chuckled. He further stated the comment had no
impact on him.
iii. Marty stated, “I don’t know why I said that.” “I have no explanation, it
was wrong.”
 , and Discussion September 21, 2020 (Exhibit F)

o During a meeting held with and the initiated a conversation
about Marty.
i. told the story from June 25, 2020 which were present
for, and the sexual comment made on September 18, 2020 which
was not present for.
1. indicated his reason for bringing the incidents up was to
apologize to for Marty’s comment. further indicated that
he had not filed any written reports or reported the incidents to
anyone due to his own selfish needs – due to his fears of
retaliation and retribution especially since its his boss.
ii. had not discussed the situation from September 18, 2020 with
anyone. He did comment that he was present when told the story
to during one of their meetings.
iii. recalls making a comment to him about the incidents but did
not recall the details.
 Staffing Meeting September 23, 2020 (Exhibit G)

o states on September 22, 2020, he overheard tell that he did
not feel comfortable meeting alone with Marty for a meeting that was scheduled
for September 23, 2020 so asked to attend with him.
i. stated he does not have any issue with meeting alone with Marty.
He is respectful of Marty’s position and believes in following the chain of
command. When asked why he did not want to meet with Marty alone,
advised it made him uncomfortable when asked to meet with Marty
without present because in his role, he would not normally work
directly with the City Administrator. He thought it might appear
disrespectful to go around without him present. stated he does
not dislike Marty; he respects his role.
o Prior to the start of the meeting, asked Marty if he would like coffee, to
which Marty replied “yes.” asked, “how would you like it?” Marty
responded “black.” stated after left to make the coffee, Marty turned
to him and said, “I wanted to say I like my coffee like I like my women, hot and
black, but I’m not suppose to talk like that anymore.”
i. claimed he said nothing to , nor did he comment to Marty. He
was thankful did not hear the comment even though was
sickened by the comment, would have been mortified, offended,
and personally affected.
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ii. Marty became very emotional and stated, “He never made a comment
about woman nor would he ever.” He said, “I admit I made a stupid
mistake with my story and comment about masturbation, but I would
never make a comment like that.”
 ’s Closing Statement
o In ’s closing statement, he added that “Marty continues to torment me;
ignoring my time off requests, not granting or denying my time off when I
request it and saying the absolute worst, most inappropriate remarks in the
workplace like I’ve never heard in my entire career.”
o He stated, “I’ve spoken with my attorney on many occasions on these incidents

due to fear of retaliation.” He stated his attorney reassured him he is protected
under the Whistleblower Act. He also stated his attorney recommended he
speak with Alderman Kevin Schoonmaker about the situation, however .
stated he did not. After meeting again with his attorney on September 25, 2020,
and giving it much thought, he stated he realized what he had to do which was
to make a report on his boss.
o stated he knows the process as he was familiar of the situation when he

had to deal with a sexual harassment complaint back in 2017 with a contractor.
However, this one is different, it is his boss.
i. During ’s tenure of I , 15 complaints were
filed and investigated, with 12 of those being related to harassment,
retaliation and or whistleblower violations. (Exhibit O)
o He further stated, “I know when I called him out on the bullying and intimidation
when he cancelled my vacation leave and demanded I return to work back in
July it was received as retaliation, retribution, and discipline, so I know he will
retaliate from reporting this violation.”
i. Marty stated he has never retaliated, and he needs this further defined.
He said, “I have approved every request given to me, and very promptly.
When I get them, I review and approve them immediately. Can this be
validated by checking the system?”
ii. Marty provided documentation he has in his Manager’s file on
Nothing of these documents exist in his HR personnel file.
1. July 24, 2020: Notes to file on Meeting with
2. August 7, 2020: Performance
3. City of Moline Performance Evaluation Form – Self evaluation
completed by for thru
INVESTIGATION CONCLUSION AND RECOMMENDATIONS
The investigation has been concluded and the findings of this investigation resulted in the
determination that no illegal sexual harassment or retaliatory misconduct occurred in the
workplace. Although the comments made by Martin Vanags may be considered
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inappropriate, the incidents as reported do not rise to the level of harassment as defined by
the law or as defined under the City of Moline's Policy Prohibiting Sexual Harassment.
Sikich recommends the following actions to be taken:
The highest priority at this time is for individual employee behavior to be addressed per the
City of Moline’s Discipline Policy. This includes addressing employee behavior and actions
that deviate from the city’s core values and beliefs. Employees should receive disciplinary
action, up to and including termination of employment, as warranted.
The violations identified and the recommendations for corrective action are as follows:
 Martin Vanags
o Violated the discipline policy by:
 Conducting himself in an unprofessional manner in the workplace
and at work events.
 Publicly making derogatory, unprofessional, inappropriate and or
divisive comments about members of the senior management team
and inappropriate conversations with employees.
o Due to the nature, severity, and consequences of Martin’s action, Sikich

suggests corrective action to include:
 A written documented warning outlining the demonstrated behavior
to be placed in personnel file.
 Requirement of participation in training and development courses
that focus on professional workplace conduct.
While the results of the investigation are inconclusive, it is recommended the City of Moline
take this opportunity to review with all involved parties the City of Moline’s anti-harassment
policy as a preventive measure and conduct Anti-Harassment training for all employees.
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EXHIBITS
A. Email: FW: Employment Law and Policy Violations

B. Drive with and Marty
C. Meeting 8/3/2020
D. August 19/2020 Meeting with and Marty
E. September 18 Grant Discussion
F. 9/21 and Discussion
G. 9/23/20 Staff Meeting
H. Organization Chart
I. Workplace Violence Prevention Policy & Reporting Procedures
a. Employee Acknowledgment Form – Martin K Vanags
J. Policy Prohibiting Sexual Harassment
a. Employee Acknowledgment Form – Martin K Vanags
K. Equal Employment Opportunity Policy Statement
L. Sexual Harassment & Workplace Violence Prevention Training
a. Tuesday, April 23, 2019
b. Wednesday, May 23, 2018
c. Tuesday, May 22, 2018
M. Job Descriptions
N. – Appointments to
O. Investigations during ’s Appointments to
P. Contract – Orientation Checklist for Human Resources
Q. Employee Leasing Agreement – GOVTEMPS USA, LLC & Martin Vanags
R. July 24, 2020: Notes to File on Meeting with
S. August 7, 2020: Performance
T. July 12, 2020: Appraisal Period from July 12, 2019 to July 12, 2020
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A
Jenny Andrews
From: Price, Derke <DPrice@ancelglink.com>

Sent: Friday, October 2, 2020 10:15 AM
To:
Subject: FW: Employment Law and Policy Violations
Attachments: _Meeting_08_3_20.docx; 9_18_20_ _Grant_Discussion.docx; Drive_with_ _Marty.docx; 9_23_
20_ _Staffing_Meeting.docx; 9_21_Discussion_ .docx; 8_19_Meeting_ _Marty.docx
Here is the Complaint for which the City of Moline will be hiring Sikich to investigate and report to the City
Council. Depending upon the facts, the City Council would also look to you for a recommendation on discipline, closure
or other outcomes.
Once you have had a chance to review this, please call me so that I can orient you to the personnel and the background
structure of the department.
Derke J. Price, Partner

To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.
1979 N. Mill St., Suite 207

Naperville, IL 60563
Direct Dial: 630.596.4612
Telephone: 630.596.4610
Fax: 630.596.4611
DPrice@ancelglink.com
www.ancelglink.com
From: < @moline.il.us>
Sent: Thursday, October 1, 2020 6:48 PM
Cc: Fleming, Alison <afleming@moline.il.us>; Kostopulos, Margaret <MKostopulos@ancelglink.com>; Price, Derke
<DPrice@ancelglink.com>
Subject: Employment Law and Policy Violations
In accordance with City policy on reporting sexual harassment, I am making this report of several incidents that I have
recently witnessed regarding my supervisor Marty Vanags.
I have been a victim of, and witness to, City policy and employment law violations. I have attached statements for the
numerous occasions.
I feel my duty as a manager ends with my notification to you, but statements from , and
would need to be obtained during your investigation of the issues.
The effects on these managers from Vanags' statements and stories of sexual encounters, masturbation and his
statement calling the Council "liars" have been detrimental. I overheard tell at the last Council meeting, he
does not want to meet with Vanags without having me there too.
I will wait to determine how I need to respond to my next steps as a victim of these violations, until you can complete
1
your investigation. Separate of these violations, I have already been a victim of documented retaliation and retribution
by Vanags since he has been working for the Council. I am fearful of retaliation from this reporting, but I understand the
responsibility of management to report.

BCC: Mayor and Council

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B
Drive with and Marty
When and I took Marty for a drive on June 25th to view TIF #7 and other sites, we drove to Coal Valley to
show him the Turner Farm. This was the first time had met Marty. As we were leaving the lane, Marty
began telling a story about a time when he was working for some private development consortium or
something like that up around the Dixon or Rock Falls area. He said that he invited a couple men to come and
participate in some gathering and had the two guys share a hotel room. He said one of them told Vanags the
next morning about the other man getting drunk and bringing a woman to the room and having sex with her in
the same room. He then told us the man that had sex went into the bathroom and started raising all kinds of
ruckus and commotion and woke up the roommate because he was trying to go to the bathroom and still had
the rubber on his dick and started to piss and began yelling out loud and pissing all over and the rubber broke
and Marty described an incredible mess in the bathroom. Marty was much more graphic in telling the story
than I am depicting here. It was extremely offensive and inappropriate. I couldn't see 's face from my seat
in the truck so I didn't see his physical reaction. I couldn't be sure if he was as offended and sickened as I was
or not by how disgusting Marty's story was.

C
Meeting 8/3/2020
When Marty came into our meeting at the yesterday he sat down and looked across the table at
and said "who are you?" She said her name and he said "oh that's you." She said "yes, I met you
before when you came down here and toured the building". He said "yeah I've met a lot of people". gave
Marty an overview of the GIS use in Utilities. left about 10 minutes before the discussion finished. After
the discussion about GIS was over, Marty began talking about some other things and in a random discussion
about different Utility functions and out of nowhere he threw the word fuck out in his remarks.
After Marty left, told me how embarrassed he was for Marty because of the exchange with . It was
very awkward. He also told me it bothered him how rude Marty was to me. said it was obvious as I was
speaking how Vanags didn't care about my contribution as Vanags wouldn't even turn and look my direction.
He just kept his back to me the entire time. I told I was sorry that Marty was dropping the "F bomb". I
said at least it wasn't as bad as that time he was telling the story when we took him for a drive to look at the
different TIF #7 development sites. said "oh yeah when he was talking about the guy going to the
bathroom and still having the rubber on and it breaking and him peeing all over." I said "yes, I don't know why
he has to talk so inappropriate around us because he would never hear us talk that way". And said he too
didn’t know what he has to talk like that. After 's remarks yesterday, it was clear to me that Marty telling
that vulgar story the first time they met, had a lasting negative effect on .

D
August 19/2020 Meeting with and Marty
Marty, and I were meeting in the Law Conference Room and Marty was talking about making a
presentation of items to the City Council. He said "the City Council is a bunch of buyers, and buyers are liars
and the City Council members are guilty of talking out of both sides of their mouths". As I sat there and
listened to him say that in front of , one of my key managers, I again wondered how he could speak that
way and make outlandish statements about his bosses and my bosses and then tell me just two days prior that
I am responsible for my managers and their behavior. His remarks are so detrimental to a spirit of
collaboration, I could work for decades and never overcome the effects of those kinds of bold statements
about their character.

E
September 18 ITEP Grant discussion
Today Marty, and I had a meeting at my building at 2:00 to go over the possible bike path routes to be part
of our ITEP grants. We were also scheduled to cover the dark signal policy that Marty had all the questions
about. I had attend the meeting and . was running a little late because of some
traffic backups on River Drive. Marty forgot all of his notes on the dark signal topic, so he said we wouldn't be
able to go over that today.
We excused and and said we would reschedule for Monday. We talked about the best locations for
the bike paths and Marty said to pick one. We then explained to him the pros and cons of all and by the time
we explained all three of the different options Marty made the decision for us to pursue all three of the
locations for possible grant funding.
After we got finished talking about that Marty asked what other items we should talk about. I told him about
having another manager resigned today. We talked about the possibility of filling at least the
Water Plant Manager position to get some kind of relief and Marty told me that wouldn't be possible.
Before Marty left, he told us that he was meeting with the union president at 4:30 and asked me what the
Union president wanted to talk about. He then said the Union has filed two freedom of information act
requests this week. One of them about the generator replacement and one of them wanting to know all this
information about the budget and our finances in the City. Then Marty said that the Union was asking about
anticipatory thoughts on different financial plans. Marty kind of made a head movement and then said
"anticipatory thoughts". He says "well I anticipate that I will masturbate this evening. That's a thought." I was
speechless. I couldn't even look to see what 's reaction was. I don't really remember what else we talked
about specifically because I was so taken back by Marty's remark about masturbation. I remember explaining
to him that the Union had problems with some of the way we were doing staffing at the Water Plant to
minimize overtime. I have no idea why Marty has now multiple times had to talk about very inappropriate
sexual topics. I've never in my employment history had a superior that crosses all lines of acceptable
communications this way.

F
9/21 discussion
This morning I asked to step into 's office with me so we could discuss a resignation that Tony got
from one of his managers on Friday and how we could help out in the short term with 's staffing issues.
said yes, he was just finishing up reading through a FOIA request email he had gotten. We went and 's
office and talked about some of the different strategies we could use to provide some management
assistance.
After we finished talking about that, I asked if we had a new FOIA request or if this was one of the ones
we were already working on. He said it was about the generator, that we have already been working on. I then
told that Marty mentioned another FOIA request from the Union in a meeting that and I had with
him on Friday. I said it was disturbing that had told Marty and I a nice story about eating on the sidewalk at
the Axis hotel with his young daughters and family and how when he went to pay after their meal, the waitress
told him that some good people had already paid for their meal and owed nothing. I said what a nice story.
I said unfortunately, after that Marty said the one FOIA request from the Union asked about city finances and
reserve levels and then a request for anticipatory thoughts on finances. Then Marty said, "anticipatory
thoughts like I anticipate I'm going to masturbate this evening. That's a anticipatory thought". I told I
couldn't even look at him when Marty said that because I knew my facial expression had to be beyond belief
under my mask. My jaw was dropped. said he was the same.
Then this morning, I told I felt compelled to apologize to on behalf of the organization. 's response
to me was "You don't need to apologize . You aren't the one that said it." I said "I know, but I just feel bad
because I know you , and you are a good wholesome person and like the rest of us, you don't talk that
way."
then said Marty talks like a guy might talk with his buddies in high school. said he had been around
people that talk like that when they're drinking in high school with their buddies, but never in the workplace.
came up to me later in the shop and we spoke about the discussion with . told me it was good
that I apologized on behalf of the City. mentioned though that said I didn't owe him an apology
because I wasn't the one that said it, not that it didn't bother him. I told I noticed that and that's why I
know I'm going to have a hard time overcoming the effects of Marty's behavior and remarks on our
employees.

G
9/23/20 Staffing Meeting
On Tuesday evening at the City Council meeting, asked me if I could come down for a meeting at water at
8:00 a.m. on Wednesday the 23rd with Marty about staffing. He told who was sitting in there also he
didn't feel comfortable meeting alone with Marty and Marty didn't invite to this meeting. I told I had a
meeting with IDOT at 6:30 but I would work to finish in time so I could be at . I told him he and I would
need to go over the topics on the customers outside of the City's corporate limits anyway that were
covered during my informational update.
When I got to this morning, I asked if there was coffee in the conference room and he said no they
hadn't been using that coffee maker. I said yeah since left, probably not a lot of coffee drinkers on
this floor. When Marty arrived, asked Marty if he would like some coffee. Marty said yes. said he
would go make it in the Keurig machine as he was exiting and asked Marty how he would like it. Marty said
black and headed down the hall. Marty turned to me and said "I wanted to say I like my coffee like I like
my women, hot and black, but I'm not supposed to talk like that anymore." He was just sitting there with a
smile on his face after that remark, looking at me (from the time he came in the building, he did not have a
mask on). I had my mask on but my jaw was dropped and I just looked at him, glanced at the door and thought
immediately how thankful I was didn't hear that. The mother of 's granddaughter is not Caucasian
and even though I'm sickened by what Marty said, would have been mortified, offended and personally
affected. I did not say one thing in response.
I am adding to this note several hours later because I'm struggling with how to handle this. Marty continues to
torment me; ignoring my time off requests, not granting or denying my time off when I request it and saying
the absolute worst, most inappropriate remarks in the workplace like I've never heard in my entire career. I
know when I called him out on the bullying and intimidation when he cancelled my vacation leave and
demanded I return to work back in July it was received with retaliation, retribution and discipline, so I know he
will retaliate from reporting this violation.

Department
( Full-Time Employees)
I
Ia
City of Moline, Illinois J
Policy Prohibiting Sexual Harassment
I. Prohibition on Sexual Harassment
Sexual harassment is illegal. 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 all forms of discrimination, including
sexual harassment. Sexual harassment is unacceptable misconduct that affects individuals of all
genders and sexual orientations. It is a policy of the City of Moline (the “City”) to prohibit
harassment of any person by any municipal official, municipal agent, municipal employee or
municipal agency or office on the basis of sex or gender. All City officials, City agents, City
employees and City agencies or offices are prohibited from sexually harassing any person,
regardless of any employment relationship or lack thereof.
II. Definition of Sexual Harassment

Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It
refers to behavior that is unwelcome and offensive.
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 decisions 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,
threats or insinuations, either explicit or implicit, that an employee’s refusal to submit to
sexual advances of harassment will adversely affect the employee’s employment,
evaluation, wages, advancement, assigned duties, shifts or any other condition of
employment or career development.
 Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually
suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.
 Visual: posters, signs, pin-ups, objects or slogans of a sexual nature, sexually suggestive
pictures, 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 pictures and video), the use of sexually explicit language, harassment, cyber
City of Moline, Illinois
stalking and threats via 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 is 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.”
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 person and by reporting the behavior to the
employee’s immediate supervisor. It is not necessary for the person making the report to be the
target or victim of the sexual harassment.
Any employee should report any conduct he/she believes to be sexual harassment, preferably in
writing, immediately to the Human Resources Manager, Corporation Counsel as Ethics Officer,
or the City Administrator. The complaint should include information regarding the name of the
alleged harasser, a description of the incident(s) in question, any witnesses to the alleged
harassment and any other pertinent information to aid in the investigation. The City cannot assist
in stopping the harassment from continuing if it is unaware of the problem. After notification of
any employee’s complaint of sexual harassment, an investigation will be undertaken. Supervisors
and department directors who receive a sexual harassment complaint are to contact the Human
Resources Manager immediately to ensure the complaint is properly documented and processed.
All information regarding the alleged charge will be held in confidence to the extent possible. All
allegations, including anonymous reports, will be accepted and investigated regardless of how the
matter comes to the attention of the City. However, because of the serious implications of sexual
harassment charges, the difficulties associated with their investigation, and the questions of
credibility involved, the complainant’s willing cooperation is a vital component of an effective
inquiry and an appropriate outcome. Both the complaint and the investigative steps and findings
will be documented thoroughly and in writing. Upon completion of the investigation,
complainants of sexual harassment will be advised that appropriate action has been taken.
The employee experiencing what he or she believes to be sexual harassment must not assume that
the City is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor
or other responsible officer, the City will not be presumed to have knowledge of the harassment.
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 City. However,
all City 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 300 days of the alleged
Page 2 of 5
Issued 8/93; Revised 9/96; 4/03; 1/14; 12/17; 10/18; 9/19; 3/20
Approved by City Council – Council Bill/Special Ordinance No. 4006-2020
incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300
days.
IV. Procedure for Reporting an Allegation of Sexual Harassment Made

Against an Elected Official by Another Elected Official
Any allegation of sexual harassment made by an elected official against another elected official
should be reported to the Mayor or his or her designee. If the Mayor or his or her designee is the
person making the allegation or is the person alleged to have committed the harassment, then the
report should be made to any other elected official.
The preference is that such complaints be submitted in writing with as much detail as possible
regarding the nature of the incident(s) and who is responsible for the alleged harassment, when the
incident(s) occurred, where they occurred, whether or not they were witnessed and by whom and
whether or not there is any physical evidence (video, audio, text, email, social media, etc.) that
needs to be identified and preserved. While there is a preference for complete and detailed written
complaints, all complaints, including verbal complaints, will be thoroughly investigated.
Upon receipt of an allegation of harassment pursuant to this policy, the person to whom the report
has been made shall immediately refer the complaint to the City’s legal counsel for review. The
City’s legal counsel shall then appoint a qualified independent attorney or consultant to review
and investigate all allegations set forth in the complaint.
V. Prohibition on Retaliation for Reporting Sexual Harassment Allegations

No City official, City agency, City employee or City office shall take any retaliatory action against
any City employee due to a City employee’s:
(1) Disclosure or threatened disclosure of any violation of this policy;
(2) The provision of information related to or testimony before any public body conducting an
investigation, hearing or inquiry into any violation of this policy; or
(3) Assistance or participation in a proceeding to enforce the provisions of this policy.
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension,
demotion, denial of promotion or transfer, or change in the terms or conditions of employment of
any City employee that is taken in retaliation for a City employee’s involvement in protected
activity pursuant to this policy.
No individual making a report will be retaliated against, even if a report made in good faith is not
substantiated. In addition, any witness will be protected from retaliation.
Similar to the prohibition against retaliation contained herein, the State Officials and Employees
Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as
reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in
retaliation for an employee who does any of the following:
Page 3 of 5
Issued 8/93; Revised 9/96; 4/03; 1/14; 12/17; 10/18; 9/19; 3/20
(1) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or

practice of any officer, member, State agency, or other State employee that the State
employee reasonably believes is in violation of a law, rule, or regulation;
(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 or 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.
VI. Consequences of a Violation of the Prohibition on Sexual Harassment

All employees, including supervisors and department heads, will be subject to discipline, up to and
including discharge, for any sexually harassing behavior.
In addition to any and all other discipline that may be applicable, 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 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 City 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.
VII. 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 that 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, up to and including
discharge.
Page 4 of 5
Issued 8/93; Revised 9/96; 4/03; 1/14; 12/17; 10/18; 9/19; 3/20
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.
VIII. Supervisors’ Responsibilities

Each supervisor and department head has a responsibility to maintain the workplace free of sexual
harassment. This duty includes to lead by example and not participate in prohibited behavior or
allow it to occur in the workplace. Supervisors are to report all incidents of prohibited actions or
behaviors to their department heads and the Human Resources Manager, Corporation Counsel or
the City Administrator.
Supervisors and department heads are responsible for reviewing this policy with all of their
employees and assuring them that they are not to endure insulting, degrading or exploitive sexual
treatment.
It is the policy of the City of Moline to provide annual sexual harassment prevention training for
all employees in accordance with Illinois law. All employees shall annually take the Sexual
Harassment Prevention Training course developed by the Illinois Department of Human Rights,
or other competent vendor meeting the training requirements as set by law. Evidence of annual
completion of the Illinois Department of Human Rights Sexual Harassment Prevention Training
course or other approved course meeting the minimum standards of Illinois law shall be submitted
to and maintained by Human Resources.
Page 5 of 5
Issued 8/93; Revised 9/96; 4/03; 1/14; 12/17; 10/18; 9/19; 3/20
Ja
K
EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
The City of Moline provides equal employment opportunities (EEO) to all employees and applicants
for employment without regard to race, color, religion, sex, national origin, ancestry, age, marital
status, disability or other protected class status in accordance with applicable federal and state laws.
This policy applies to all terms and conditions of employment, including, but not limited to, hiring,
placement, promotion, termination, transfer, leaves of absence, compensation and training.
Copies of the City of Moline Equal Employment Opportunity and Affirmative Action Program and
complaint forms are available upon request from:
City of Moline
Human Resources Office
619 16th Street
Moline, IL 61265
Phone: 524-2068
Approved: City Administrator

Issued: Management Services Office 4/84
Revised: 3/1/03, 4/13/05, 5/11
Page 1 of 1
La
Lb
Lc
Lc
Ma
GRADE N11
FLSA E
WC 9410
EEO 09/10
POSITION 47
JOB TITLE:
CHARACTERISTICS OF THE JOB
Manages and coordinates the activities of the Section in support of policies, goals and
objectives established by the City by performing the following duties personally or through
subordinate employees. Work is performed exercising independent judgment within the guidelines of
established policies and goals.
EXAMPLES OF DUTIES Other duties may be assigned.
Manage and provide direct supervision of all daily activities of the Section.
Manage the plan review process prior to the issuance of permits.
Develop and implement innovative, practical, and customer service-oriented solutions to a wide variety
of Code and Health Inspection problems and disputes.
Work cooperatively with other City departments and divisions, governmental agencies outside the City
of Moline, contractors, developers, engineering firms, business owners and other interested parties to
provide uniform and superior customer service.
Hire, transfer, suspend, lay off, recall, promote, discharge, direct, evaluate, reward and discipline
employees; adjust employee grievances; or recommend any of these actions.
Develop budget estimates based on anticipated needs and administer assigned budget accounts related
to the operation of the Section.
Prepare analyses of activities, costs, operations and forecast data to determine section progress toward
stated goals and objectives and report findings to division manager.
Create, maintain, retrieve, ensure strict confidentiality, and destroy inspection records and files as
required by law.
Ensure duties assigned are carried out in compliance with local, state and federal regulations and laws
and conformance to acceptable standards and practices.
Conduct periodic building and field inspections to check the work of section employees.
Page 1 of 3
Building Official
Issued 9/02; Revised 12/23/04; 6/2018
Provide final staff interpretation of all technical codes, procedures and policies used by the section and
document same where appropriate.
Serve as lead staff person and ex-officio member to all appeals boards.
Evaluate and make recommendations to appeals boards and the City Council for adoption or amendment
to all technical codes enforced by the section.
Prepare and maintain periodic technical and statistical reports and records for plan review, permitting,
inspections, violations, and other section activities.
Confer with contractors, engineers, property owners, and other customers explaining and interpreting all
technical codes and regulations enforced by the section.
Provide timely data and accurate responses to requests for services and information.
Develop and make available informational materials and programs to assist customers in complying with
applicable Codes, and section policies and procedures.
Serve as city representative to other agencies, organizations and professional associations concerning
section activities.
REQUIREMENTS
Training and Experience

Bachelor’s degree in construction management, engineering, architecture, business management or
related field; five years of experience as a ; five years of supervisory
experience; demonstrated knowledge and experience in all construction disciplines; or any equivalent
combination of training and experience which provides the required knowledge, skills and abilities.
Knowledge, Skills and Abilities

Comprehensive knowledge of the materials, methods, and practices used in building construction and of
the stages in construction when possible defects and violations may be most easily observed and
corrected; of the codes, regulations and ordinances governing building construction in the City of
Moline; generally accepted practices in customer service; knowledge of occupational hazards and safety
precautions of the work; and generally accepted office procedures, practices, systems and equipment;
general computer operations.
Exceptional skill in customer service and in maintaining effective working relationships; dealing with
the public tactfully and courteously and working harmoniously with other employees; excellent skill in
reading and interpreting construction plans, specifications, and blueprints and in recognizing deviations
from such plans in the construction process; typing, data entry, maintaining filing systems, arithmetic
calculations and operating office machines with good accuracy and speed to satisfy departmental needs;
verbal and written communications; use of professional judgment; and the use of Microsoft Office and
Page 2 of 3
Building Official
Issued 9/02; Revised 12/23/04; 6/2018
accounting software – Superion preferred.
Ability to maintain absolute confidentiality of the materials and situations encountered on the job; plan
and organize a city-wide inspection program; plan, assign, supervise and review the work of staff
responsible for enforcing zoning ordinances and building codes; recognize conditions likely to result in
collapse or failure of support walls, foundations or structures; explain, interpret and enforce codes,
regulations and ordinances in a firm, tactful and impartial manner; establish and maintain effective
working relationships with city officials, employees, contractors, architects, business and property
owners and the public.
Licenses, Registrations and Certifications

 Valid Illinois driver’s license or equivalent upon application.
 Certified Inspector within one year of hire.
 Certified Official within one year of hire.
 Certified Residential and Commercial Plan Reviewer within one year of hire preferred.
Physical Demands
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is frequently required to walk, sit, talk and hear.
The employee is occasionally required to stand, use hands and fingers to handle or feel, reach with hands
and arms, climb or balance and stoop, kneel, crouch, or crawl and lift and/or move up to 25 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral
vision, depth perception, and ability to adjust focus. The employee is occasionally exposed to outside
weather conditions, wet and/or humid conditions, extreme cold, and extreme heat. The noise level in the
work environment is usually quiet and occasionally moderate.
Page 3 of 3
Building Official
Issued 9/02; Revised 12/23/04; 6/2018
Mb
GRADE N22
FLSA E
WC 8810
EEO 02/01
POSITION 059
JOB TITLE:
Manages, administers and coordinates the activities of the municipal services division in the
public works department in support of policies, goals and objectives established by the director
of public works by performing the following duties personally or through subordinate managers,
supervisors and employees.
Promote communication and adequate information flow.
Develop operating policies, procedures and programs consistent with parameters set by the
.
Explain, make recommendations for changes; apply and enforce appropriate city ordinances.
Review analyses of activities, costs, operations and forecast data to determine division progress
toward stated goals and objectives and report findings to the director of public works.
Ensure that the responsibilities, authorities and accountability of all direct subordinates are
defined and understood.
Ensure that all organization activities and operations are carried out in compliance with local,
state and federal regulations and laws and conformance to acceptable standards and practices.
Serve as member of management committees.
Provide timely, accurate responses to requests for services and information.
Hire, transfer, suspend, layoff, recall, promote, discharge, direct, evaluate, reward and discipline
employees, adjust employee grievances or recommend any of these actions.
Prepare legal and highly confidential information including information related to collective
bargaining.
Develop budget estimates based on anticipated needs and administer assigned budget.
Explain, apply and enforce city department policies and labor contract provisions.
Plan, design and implement training programs for a variety of issues relative to municipal
services operations.
Page 1 of 2
Municipal Services General Manager
Issued 7/20/01; Revised 12/23/04; 7/16
REQUIREMENTS
Bachelor’s degree or equivalent from an accredited college or university and at least five (5)
years progressively responsible experience in administration supplemented by
training courses and experience in maintenance and operations or equivalent combination of
training and experience which provides the required knowledge, skills and abilities.
Thorough knowledge of acceptable management practices and standards of maintenance,
maintaining streets, rights-of-way, storm sewers, drainage systems, park maintenance, building
maintenance and refuse collection, recycling and disposal; the laws and regulations that impact
the work performed and supervised; emergency operations for natural disasters such as snow,
floods, tornadoes, etc.; methods and practices of budgeting, municipal accounting, long-range
planning and organizational structures. Good knowledge of the methods and techniques of
equipment operation; public works construction and facility maintenance; occupational hazards
and safety procedures necessary in the work; knowledge of engineering principles.
Exceptional skill in public, employee and labor relations and in maintaining effective working
relationships; advanced skill researching and analyzing information, reporting on results and
multitasking; skill in the operation of a personal computer using Microsoft Outlook, Word,
Excel, and PowerPoint; accounting software – SunGard Public Sector preferred.
Ability to maintain confidentiality of the materials and situations encountered on the job; read,
analyze and interpret complex documents; respond effectively to sensitive inquiries or
complaints; write reports, business correspondence and procedure manuals; effectively present
information and respond to questions from groups of supervisors, elected officials, employees
and the general public; define problems, collect data, establish facts and draw valid conclusions;
interpret an extensive variety of technical instructions in mathematical or diagram form and deal
with several abstract and concrete variables.
Licenses and Certifications
Valid Illinois driver’s license or equivalent.
Physical Demands
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is frequently required to walk, sit and talk
or hear. The employee is occasionally required to stand, use hands and fingers to handle or feel,
reach with hands and arms, climb or balance and stoop, kneel, crouch or crawl and lift and/or
move up to 25 pounds. Specific vision abilities required by this job include close vision,
distance vision, color vision, peripheral vision, depth perception and ability to adjust focus. The
employee is occasionally exposed to outside weather conditions, wet and/or humid conditions,
extreme cold and extreme heat. The noise level in the work environment is usually moderate.
Page 2 of 2
Issued 7/20/01; Revised 12/23/04; 7/16
GRADE
FLSA
N23
E
Mc
WC 8810
EEO 12/01
POSITION 80
JOB TITLE:
Manages, administers and coordinates the activities of the Utilities Operations Division in support of
policies, goals and objectives established by the director of public works by performing the
following duties personally or through subordinate managers and employees.

Plan, organize, direct, coordinate and control the activities of water division employees engaged in
the treatment, pumping, distribution and metering of water, as well as water pollution control (WPC)
division employees engaged in the collection, pumping and treatment of wastewater
As operator in responsible charge as required by the State of Illinois, provide active onsite
supervision to ensure proper performance and operation of the water treatment plant and distribution
system.
Manage the daily operation of the wastewater utility through the supervision of subordinate
supervisory personnel.
Develop operating policies, procedures and programs consistent with parameters set by the director
of public works to promote communication and adequate information flow.
Ensure that the responsibilities, authorities and accountability of all direct subordinates are defined
and understood.
Review analyses of activities, costs, rates, operations and forecast data to determine division
progress toward stated goals and objectives and report findings to the director of public works.
Ensure that all organization activities and operations are carried out in compliance with local, state
and federal regulations and laws and conformance to acceptable standards, practices and safety
procedures.
Provide technical advice and guidance to the public, elected officials and other city departments and
divisions as appropriate.
Review construction plans and exercises project management over water utility improvement
projects.
Prepare legal and highly confidential information, including information related to collective
Page 1 of 3
Utilities General Manager
Issued 9/09
bargaining.
Ensure maintenance of reports and records required by the federal and state environmental protection
agencies.
Develop budget estimates based on anticipated needs and administer assigned budgets.
Explain, apply and enforce appropriate city ordinances, city and department policies and labor
contract provisions.
REQUIREMENTS

Bachelor degree in science, engineering technology or related field from an accredited college or
university, supplemented by training courses and experience in the principles of water distribution
systems and preferably training courses and experience in the principles of wastewater collection
systems, municipal and industrial wastewater treatment processes; and five years progressively
responsible experience in water or wastewater utility work, of which two years shall have been in
management or supervision, and including experience in treatment plant operations and
maintenance, distribution and collection systems operations and maintenance; or equivalent

Thorough knowledge of good management practices, materials, methods and practices related to the
construction, operation, maintenance and repair of a utility system that encompasses water and water
pollution control facilities; broad knowledge of methods and practices of budgeting, municipal
accounting, procurement, rates and rate structures, long-range planning and organizational
structures; and of the laws and regulations that impact the work performed.
Exceptional skill in public, employee and labor relations and in maintaining effective working
relationships; advanced skill researching and analyzing information, reporting on results and
multitasking; skill in preparing professional reports, agreements and other instruments; interpersonal
relations, oral and written expression of facts and ideas clearly and concisely and exercising good
professional judgment; using Outlook, Word, Excel, Access, PowerPoint.
Ability to make decisions, recognize established precedents and practices and to use resourcefulness
and tact in meeting new problems; assist in formulating plans, budgets and related departmental
policies and reports; communicate effectively, both orally and in writing; administer provisions of
labor agreements and respond effectively to grievances; read, analyze and interpret complex
documents; respond effectively to sensitive inquiries or complaints; write reports, business
correspondence and procedure manuals; effectively present information and respond to questions
from groups of managers, elected officials, employees and the general public; define problems,
collect data, establish facts and draw valid conclusions; interpret an extensive variety of technical
instructions in mathematical or diagram form and deal with several abstract and concrete variables.

 Valid Illinois driver’s license or equivalent
Page 2 of 3
Issued 9/09
 Certification by the Illinois Department of Public Health to conduct bacteriological analysis
 Illinois Environmental Protection Agency’s Class “A” Certificate of Competency as a
Potable Water Operator
 Illinois Environmental Protection Agency’s Class 1 Certificate of Competency as a sewage
treatment works operator preferred
Physical Demands
successfully perform the essential functions of this job. Reasonable accommodations may be made
to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to talk or hear. The
employee frequently is required to sit. The employee is occasionally required to stand, walk and
reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception and ability to adjust focus. The employee is occasionally
exposed to fumes or airborne particles, toxic or caustic chemicals and risk of electrical shock. The
noise level in the work environment is usually moderate.
__________________________________________________ _____________________
City Administrator Date
Page 3 of 3
Issued 9/09
Md
GRADE N25
FLSA E
WC 8810
EEO 02/01
POSITION 058
JOB TITLE:
Directs, administers and coordinates the activities of the Department in support of

policies, goals and objectives established by the City Administrator and the City Council by
performing the following duties personally or through subordinate managers.
Direct the preparation of short-term and long-range plans and budgets based on broad administrative
goals and growth objectives.
Maintain a sound plan of departmental organization establishing policies to ensure adequate

management development and to provide for capable management succession.
Develop and install procedures and controls to promote communication and adequate information
flow.
Establish operating policies consistent with the city administrator’s broad policies and objectives and
ensure their execution.
Evaluate the results of overall operations regularly and systematically and report these results to the
city administrator.
Ensure that the responsibilities, authorities and accountability of all direct subordinates are defined and
understood.
Ensure that all organization activities and operations are carried out in compliance with local, state and
federal regulations and laws and conformance to acceptable standards and practices.
Prepare legal and highly confidential information, including information related to collective
bargaining.
Develop budget estimates based on anticipated needs and administer assigned budgets.
Explain, apply and enforce City and department policies and labor contract provisions.
Page 1 of 2
Director of Public Works
Issued: 7/95; Revised 12/04; 4/16
REQUIREMENTS

Bachelor’s degree in public administration, business management, engineering or other related field
from an accredited college or university, plus ten (10) years of service in public works, including five
(5) years of supervisory and administrative experience in public works administration; or equivalent

Comprehensive knowledge of acceptable practices and standards of public works administration;
thorough knowledge of the laws and regulations that impact the work performed and supervised; good
knowledge of civil engineering, design and construction of capital improvement projects and
infrastructure and facility maintenance programs; knowledge of the techniques and methods of street
maintenance, storm drainage, fleet acquisition and maintenance, traffic control systems, refuse
collection, recycling and disposal.
Exceptional skill in public, employee and labor relations; in maintaining effective working
relationships and resolving conflict; excellent skill in directing the operations of a multi-functional
department; and in effectively supervising and leading employees; skill in making public presentations
to a variety of audiences; written and oral communications; contract administration; and operating
Microsoft Office software programs.
Ability to maintain absolute confidentiality of the materials and situations encountered on the job;
read, analyze and interpret the most complex documents; respond effectively to the most sensitive
inquiries or complaints; write materials using original or innovative techniques or style; make effective
and persuasive speeches and presentations on controversial or complex topics to top management,
public groups and elected officials; define problems, collect data, establish facts and draw valid
conclusions; interpret an extensive variety of technical instructions in mathematical or diagram form
and deal with several abstract and concrete variables.

Valid Illinois driver’s license or equivalent.
Physical Demands
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to talk or hear. The
employee frequently is required to sit. The employee is occasionally required to stand, walk and reach
with hands and arms. The employee must occasionally lift and/or move up to 10 pounds. Specific
vision abilities required by this job include close vision, distance vision, color vision, peripheral vision,
depth perception and ability to adjust focus. The employee is occasionally exposed to outside weather
conditions. The noise level in the work environment is usually quiet.
Page 2 of 2
Director of Public Works
Issued: 7/95; Revised 12/04; 4/16
Me
Moline Code of Ordinances
SEC. 2-3202. CITY ADMINISTRATOR.
(a) Creation. There is hereby created the position of city administrator.
(b) Appointment and dismissal. The administrator shall be appointed by the City
Council. The city administrator shall be the administrative head of the municipal government;
shall be responsible for the efficient administration of all departments; shall be appointed without
regard to said administrator's political beliefs and for an indefinite term, and the conditions of the
city administrator's employment may be set forth in an agreement. In the case of the absence
or disability of the city administrator, the City Council may designate a qualified administrative
officer of the municipality to perform the duties of the city administrator during such absence or
disability. The city administrator may at any time be removed from office by a majority vote of
the members of the City Council.
(c) Duties and responsibilities. The city administrator shall be the chief administrative
officer of the City and shall be responsible to the City Council for the general administration and
direction of the operations of the various departments and offices of the City and in addition
thereto shall:
(1) Enforce the laws and ordinances within the municipality;
(2) Appoint all directors of departments with the advice and consent of the City Council;
except the parks and recreation director and library director, which directors shall be appointed
by the respective commissions;
(3) Remove all directors of departments without the advice and consent of the City Council;
except the parks and recreation director and the library director;
(4) Exercise control of all departments and divisions thereof created in this Code, or that may
be created by the City Council; except as limited elsewhere in this Code.
(5) Assist the mayor and City Council in the preparation and administration of the annual
budget and assist the accounts and finance officer in the preparation of the annual
appropriations and tax levy ordinances. In the preparation of the annual budget, the city
administrator shall consult with each of the various City departments, commissions, and boards
and may require and obtain such information from them as may be useful and necessary for
preparation of the annual budget. Revenue estimates and expenditure recommendations shall
be presented in a manner which is in conformity with good fiscal management practices.
(6) Establish such procedures as shall ensure that no expenditures are made by the City,
City departments, commissions or boards except as authorized by the appropriations
ordinances, and in the administration of such procedures have the authority to examine all
books and records of all City departments, commissions and boards.
(7) Permit, encourage and establish the use of efficient planning, budgeting, auditing,
reporting, accounting, and other fiscal management procedures in all City departments,
commissions and boards.
(8) Have the power on any formal charge to remove any officer or employee appointed by
the city administrator, other than those covered by Sec. 2-3202(c)(3) whenever the
administrator shall be of the opinion that the interests of the City demand such removal. Such
removal shall be made without the advice, consent or review of the City Council.
(9) Attend all meetings of the City Council with the right to take part in the discussions, but
with no right to vote;
(10) Recommend to the City Council for adoption such measures as deemed necessary or
expedient;
(11) Administer the Personnel Code and the City of Moline Position Classification and
Compensation Plan and in relation thereto establish and maintain a personnel records system.
(12) Negotiate on behalf of the City with City employee organizations pursuant to direction of
the City Council.
(13) Establish from time to time and encourage the establishment by City departments and
offices, employee training programs that will improve the efficiency and effectiveness of the
various City departments and offices.
(14) Analyze all City departments and offices and recommend to the City Council methods to
improve their efficiency and effectiveness.
(15) Assist the mayor and City Council in the development of City policies and programs.
(16) Examine the long-range fiscal outlook of the City and advise the City Council regarding
such matters.
(17) Perform financial analysis of annexation, tax, and legislative proposals and advise the
City Council regarding such matters.
(18) Maintain a current knowledge of state and federal funding programs, present analysis of
appropriate programs to the City Council and initiate and administer those programs approved
by the City Council.
(19) Perform such other duties, consistent with the ordinances of the City and the laws of the
State of Illinois, as the City Council may direct or delegate from time to time.
(d) Qualifications. The city administrator shall have the following training and qualifications:
(1) Education and training should be sufficient to accomplish the job as described in the
employee job description.
(2) Knowledge: Shall have a knowledge of management administration, City government
operation, and good general business practices; shall also have ability to perform
administrative, managerial and staff functions; shall have ability in employee and public
relations; shall have supervisory ability; shall have an ability to communicate verbally and in
writing.
(e) Salary. The salary of the city administrator shall be set by the City Council as provided
by law.
(Ord. No. 92-6-1; Sec. 2-3202 repealed; new section 2-3202 enacted; 06/02/92)
(Ord. No. 2003-05-05; references to standing committees changed to "City Council" or "Committee-of-the-
Whole" throughout the Code; 05/13/03)

N
- Appointments to
# Start Date End Date

1
2
3
Investigations during s Appointments to
O
Department
Date of Complaint Involved Allegations in Complaint Investigators
Fire Chief Snyder and HR Manager
Violations of the City's Sexual Harassment Prevention Policy, Social Alison Fleming, in consultation with
Media Policy, Workplace Violence Prevention Policy and Fire Attorney Margaret Kostopulos with
10/24/2019 Fire Department's Standard Operating Guidelines-Rules of Conduct Ancel Glink
City Attorney Maureen Riggs, Fire
Retaliation for filing a complaint regarding a violation of the Sexual Chief Jeff Snyder and HR Manager
1/25/2019 Fire Harassment Prevention Policy Alison Fleming
Interim Fire Chief Jeff Snyder and
4/20/2017 Fire Harassing comments on social media Rodd Schick
Approximately
3/28/2017
(City Attorney handled City Attorney Maureen Riggs and
complaint) Public Works Sexual harassment and workplace violence Deputy City Attorney Amy Keys
City Attorney Maureen Riggs and HR
3/27/2017 Public Works Workplace harassment and sexual harassment Manager Alison Fleming
Attorney Matt Pappas with Pappas
3/5/2017 Fire Harassment of outside employee related to Facebook post O'Connor
Approximately
March 2017
(Complaint not Employee parking vehicle at private business for extended periods of Attorney Matt Pappas with Pappas
rec'd by HR) Fire time O'Connor
Finance and Deputy City Attorney Amy Keys and
2/24/2017 Fire Sexual Harassment Prevention Policy violation Finance Manager Keith Verbeke
City Attorney Maureen Riggs, Deputy
City Attorney Amy Keys and HR
2/23/2017 Fire Harassment and intimidation Manager Alison Fleming
2/7/2017 Fire Retaliation and harassment O'Connor
Page 1 of 2
Investigations during 's Appointments to
Department
Date of Complaint Involved Allegations in Complaint Investigators
1/23/2017 Executive Workplace Violence Prevention Policy violation O'Connor
2016 or first half of 2017.
Final report dated 6/1/17.
(Complaint not Whistleblower retaliation claim in the context of the prior investigation Attorney Mikkie Schiltz with Lane and
rec'd by HR) Fire into time discrepancies Waterman
12/2/2016. Attorney Mikkie Schiltz with Lane and
Final report dated 6/8/17. Fire Harassment Waterman and
Approximately 9/27/16 Fire,

Council Meeting. Executive Attorney Mikkie Schiltz with Lane and
Final report dated 2/10/17. and Law Theft and employee misconduct Waterman
Eavesdropping/videoing; false statements/lying under oath;
8/30/2016. confidentiality of conversations/statement regarding investigation of Attorney Elizabeth Eagle with Eagle
Final report dated 2/22/17. Police employee made at a social event and Eagle
Page 2 of 2
P
DocuSign Envelope ID: 1CFA999E-9286-44A8-AF11-32EDAC6E2755
Leasing Agreement / Rev. 8-2019
EMPLOYEE LEASING AGREEMENT
THIS EMPLOYEE LEASING AGREEMENT (this "Agreement") is made by

GOVTEMPSUSA, LLC, an Illinois limited liability company ("GovTemps”), and the CITY
OF MOLINE (the "Client"). GovTemps and the Client can be individually identified as a
("Party") and collectively as the ("Parties"). GovTemps and the Client agree as follows:
SECTION 1
SCOPE OF AGREEMENT
Section 1.01. Assigned Employee. The Client will lease certain employees of
GovTemps, and GovTemps will lease to the Client, the personnel identified in attached Exhibit
A, (the "Assigned Employee"). Exhibit A identifies the temporary position and/or assignment
(the "Assignment") the Assigned Employee will fill at the Client, and it further identifies the
base compensation for each Assigned Employee, as of the effective date of this Agreement.
Exhibit A may be amended from time to time by a replacement Exhibit A signed by both
GovTemps and the Client. GovTemps, as the common law employer of Assigned Employee, has
the sole authority to assign and/or remove the Assigned Employee, provided however, that the
Client may request, in writing, that GovTemps remove or reassign the Assigned Employee. Any
such request will not be unreasonably withheld by GovTemps. The Parties understand and
acknowledge that the Assigned Employee is subject to the Client's day-to-day supervision.
Section 1.02. Independent Contractor. GovTemps is and remains an independent

contractor, and not an employee, agent, partner of, or joint venturer with, the Client. GovTemps
has no authority to bind the Client to any commitment, contract, agreement or other obligation
without the Client’s express written consent.
SECTION 2
SERVICES AND OBLIGATIONS OF GOVTEMPS AND CLIENT
Section 2.01. Payment of Wages. GovTemps will timely pay the wages and related
payroll taxes of the Assigned Employee from GovTemp’s own account in accordance with
federal and Illinois law and GovTemps’ standard payroll practices. GovTemps will withhold
from such wages all applicable taxes and other deductions elected by the Assigned Employee.
The Client acknowledges that GovTemps may engage a financial entity to maintain its financing
and record keeping services, which may include the payment of wages and related payroll taxes
in accordance with this Section 2.01. The Client agrees to cooperate with any such financial
entity to ensure timely payment of wages, related payroll taxes, and any applicable fees pursuant
to this Section 2.01. As to Assigned Employees, GovTemps will comply with the Immigration
Reform and Control Act of 1986, Title VII of the Civil Rights Act of 1964, as amended, (Title
VII), the Americans With Disabilities Act of 1990 (ADA), the Age Discrimination in
Employment Act (ADEA), the Equal Pay Act of 1963, the Civil Rights Acts of 1866 and 1871
(42 U.S.C. § 1981), the Family and Medical Leave Act of 1993, the Fair Labor Standards Act of
1938, the National Labor Relations Act, the Employee Retirement Income Security Act
(“ERISA”) of 1974, and any other federal, state or local statute, state constitution, ordinance,
1
order, regulation, policy or decision regulating wages and the payment of wages, prohibiting
employment discrimination or otherwise establishing or relating to rights of Assigned Employee.
Section 2.02. Workers’ Compensation. To the extent required by applicable law,

GovTemps will maintain in effect workers’ compensation coverage covering its Assigned
Employee’s work in an Assignment. Any applicable coverage under this Agreement terminates
on the Termination Date of this Agreement.
Section 2.03. Employee Benefits. GovTemps will provide to Assigned Employee those
employee benefits identified in the attached Exhibit B. GovTemps may amend or terminate any
of its employee benefit plans according to their terms. All employee benefits, including
severance benefits for Assigned Employee will be included in Fees payable to GovTemps under
Section 3.01 of this Agreement.
Section 2.04. Maintenance and Retention of Payroll and Benefit Records.

GovTemps will maintain records of all wages and benefits paid and personnel actions taken by
GovTemps in connection with any of the Assigned Employee(s). GovTemps will retain control
of such records and make them available for inspection as required by applicable federal, state or
local laws.
Section 2.05. Other Obligations of GovTemps. GovTemps will comply with any
federal, state and local law applicable to its Assigned Employee(s). GovTemps will comply with
the requirements of the federal Patient Protection and Affordable Care Act (ACA).
Section 2.06. Direction and Control. The Parties agree and acknowledge that the
Client has the right of direction and control over the Assigned Employee, including matters of
discipline, excluding removal or reassignment, as provided for by Section 1.01. The Assigned
Employee(s) will be supervised, directly and indirectly, and exclusively by the Client’s City
Council, as per the Client’s Code of Ordinances.
Section 2.07. Obligations of the Client. Pursuant to this Agreement the Client
covenants, agrees and acknowledges:
(a) The Client will provide the Assigned Employee with a suitable workplace,
that complies with US Occupational Safety and Health Administration (“OSHA”) statutes
and regulations, and all other health and safety laws, regulations, ordinances, directives,
and rules applicable to the Assigned Employee and the Assigned Employee’s workplace.
The Client agrees to comply, at its expense, with all health and safety directives from
GovTemps’ internal and external loss control specialists, GovTemps’ workers’
compensation carrier, or any government agency having jurisdiction over the place of
work. The Client will provide and ensure use of all functional personal protective
equipment as required by any federal, state or local law, regulation, ordinance, directive,
or rule or as deemed necessary by GovTemps’ workers’ compensation carrier.
GovTemps and/or its insurance carriers have the right to inspect the Client’s premises to
ensure that the Assigned Employee is not exposed to an unsafe work place. GovTemps’
rights under this paragraph do not diminish or alter the Client’s obligations to the
2
Assigned Employee under applicable law, or its obligations to GovTemps under this
agreement;
(b) With respect to the Assigned Employee, the Client will comply with all
applicable labor and employment-related laws and regulations, and any other federal,
state or local statute, state constitution, ordinance, order, regulation, policy or decision,
prohibiting employment discrimination, or otherwise establishing or relating to the terms
and conditions of Assigned Employee’s Assignment;
(c) The Client retains the right to exert sufficient direction and control over
the Assigned Employee as is necessary to conduct the Client's business and operations,
without which, the Client would be unable to conduct its business, operation or to comply
with any applicable licensure, regulatory or statutory requirements;
(d) The Client cannot remove or reassign the Assigned Employee unless
mutually agreed to in writing by GovTemps and the Client in accordance with Section
1.01 of this Agreement. Client will timely confer with GovTemps regarding any concern
or complaint regarding Assigned Employee’s performance or conduct under this
agreement;
(e) The Client will not pay wages, salaries or other forms of direct or indirect
compensation, including employee benefits, to Assigned Employee. Client represents
that its actions under this Agreement do not violate its obligations it may have under any
collective bargaining agreement;
(f) The Client must report to GovTemps any injury to any Assigned
Employee of which it has knowledge within twenty-four (24) hours of acquiring such
knowledge. If any Assigned Employee is injured in the course of performing services for
the Client, the Client must follow the procedures and practices regarding injury claims
and reporting; and
(g) The Client must report all on the job illnesses, accidents and injuries of the
Assigned Employee to GovTemps within twenty-four (24) hours following notification of
said injury by Assigned Employee or Assigned Employee’s representative.
SECTION 3
FEES PAYABLE TO GOVTEMPS
Section 3.01. Fees. The Client will pay GovTemps fees for the services provided under
this Agreement as follows:
(a) The base compensation as fully identified on Exhibit A, as amended; plus
(b) Any employee benefits GovTemps paid to the Assigned Employee as

identified on Exhibit B (if applicable), including, but not limited to, salary; wages;
commissions; bonuses; sick pay; workers’ compensation, health and other insurance
premiums; payroll, unemployment, FICA and other taxes; vacation pay; overtime pay;
severance pay; monthly automobile allowances, and any other compensation or benefits
3
payable under any applicable GovTemps pension and welfare benefit plan or federal,
state or local laws covering the Assigned Employee.
Section 3.02. Increase in Fees. GovTemps may increase fees to the extent and equal to
any mandated tax increases, e.g. FICA, FUTA, State Unemployment taxes, when they become
effective. GovTemps may also adjust employer benefit contribution amounts by providing the
Client with a written thirty (30) day notice, provided, such changes in employer benefit
contribution amounts apply broadly to all GovTemps employees.
Section 3.03. Payment Method. Every two (2) weeks during the term of this
Agreement, GovTemps will invoice in writing the Client for the fees owed under this
Agreement. Within thirty (30) days following receipt of such invoice, the Client must pay all
invoiced amounts by check, wire transfer or electronic funds transfer to GovTemps to an account
or lockbox as designated on the invoice. Late payments will be subject to all applicable interest
payments or service charges provided by state or local law. In addition to charging interest or
service charges provided by applicable law, GovTemps may, upon written notice to Client,
suspend performance of services under this Agreement while any amount due is past due and
remains unpaid.
SECTION 4
INSURANCE
Section 4.01. General and Professional Liability Insurance. The Client must
maintain in full force and effect at all times during the term of this Agreement a Comprehensive
(or Commercial) General Liability and Professional Liability (if applicable) insurance policy or
policies (the "Policies"), with minimum coverage in the amount of $1,000,000 per occurrence,
$3,000,000 aggregate. In the alternative, as applicable, the Client may maintain in full force and
effect at all times during the term of this Agreement a self-insured retention (“SIR”) which
provides the same minimum coverage limits as set forth above. In the event such SIR exists and
applies to this Agreement, the Client agrees to fully discuss the SIR’s parameters with
GovTemps and its relationship to the Policies. At a minimum, the Policies must insure against
bodily injury and property damage liability caused by on-premises business operations,
completed operations and/or products or professional service and non-owned automobile
coverage.
Section 4.02. Certificate of Insurance. Upon request, the Client will promptly issue to
GovTemps one or more Certificates of Insurance, verifying the Client’s compliance with the
provisions of Section 4.01.
Section 4.03. Automobile Liability Insurance. If the Assigned Employee drives a

Municipal or personal vehicle for any reason in connection with their Assignment, the Client
must maintain in effect automobile liability insurance insuring the Assigned Employee,
GovTemps and the Client against liability for bodily injury, death and property damage.
4
SECTION 5
DURATION AND TERMINATION OF AGREEMENT
Section 5.01. Term and Effective Date. The Effective Date of this Agreement is the
date that this Agreement is last signed by GovTemps on the signature page (the “Effective
Date”). The period during which the Assigned Employee works at the Client is defined as the
(“Term”). The Term commences on the Effective Date and will continue for the period
identified on the attached Exhibit A, or until it is terminated in accordance with the remaining
provisions of this Section 5. For the purposes of this Agreement, the date on which this
Agreement expires and/or is terminated is the ("Termination Date").
Section 5.02. Termination of Agreement for Failure to Pay Fees. If the Client fails to
timely pay the fees required under this Agreement, GovTemps may give the Client notice of its
intent to terminate this Agreement for such failure and if such failure is remedied within ten
(10) days, the notice will be of no further effect. If such failure is not remedied within the ten
(10) day period, GovTemps has the right to terminate the Agreement upon expiration of such
remedy period.
Section 5.03. Termination of Agreement for Material Breach. If either Party

materially breaches this Agreement, the non-breaching Party must give the breaching Party
written notice of its intent to terminate this Agreement for such breach and if such breach is
remedied within ten (10) days, the notice will be of no further effect. If such breach is not
remedied within the ten (10) day period, the non-breaching Party has the right to immediately
terminate the Agreement upon expiration of such remedy period.
Section 5.04. Termination of Agreement to execute Temp-to Hire Option. At the

end of the Term, the Client may hire the Assigned Employee as a permanent or temporary
employee of the Client. The substantial investment of time and resources by GovTemps under
this Agreement to place its leased employee with Client is recognized by Client. If after the end
of the Term, Client hires Assigned employee as either a permanent or temporary employee it
must pay two (2) weeks of the Assigned Employee’s gross salary to GovTemps no later than
thirty (30) days after the date the Assigned Employee becomes the Client’s employee.
SECTION 6
NON-SOLICITATION
Section 6.01. Non-Solicitation. The Client acknowledges GovTemps’ legitimate

interest in protecting its business for a reasonable time following the termination of this
Agreement. Accordingly, the Client agrees that during the Term of this Agreement and for a
period of two (2) years thereafter, the Client will not solicit, request, entice or induce Assigned
Employee to terminate their employment with GovTemps, and the Client will not hire Assigned
Employee as a permanent or temporary employee. If a Temp-to-Hire option provided for in
Section 5.04 is properly exercised by the Client, then this Section 6.01 will not apply.
Section 6.02. Injunctive Relief. The Client recognizes that the rights and privileges
granted by this Agreement are of a special, unique, and extraordinary character, the loss of which
cannot reasonably or adequately be compensated for in damages in any action at law.
5
Accordingly, the Client understands and agrees that GovTemps is entitled to equitable relief,
including a temporary restraining order and preliminary and permanent injunctive relief, to
prevent or enjoin a breach of Section 6.01 of this Agreement. The Client also understands and
agrees that any such equitable relief is in addition to, and not in substitution for, any other relief
to which GovTemps can recover.
Section 6.03. Survival. The provisions of Section 6 survive the expiration or

termination of this Agreement.
SECTION 7
DISCLOSURE AND INDEMNIFICATION PROVISIONS
Section 7.01. Indemnification by GovTemps. GovTemps agrees to indemnify, defend

and hold the Client and its related entities or their agents, representatives or employees (the
"Client Parties") harmless from and against all claims, liabilities, damages, costs and expenses
("Losses") (a) arising out of GovTemps’ breach of its obligations under this Agreement, (b)
related to the actions or conduct of GovTemps and its related business entities, their agents,
representatives, and employees (the "GovTemps Parties"), taken or not taken with respect to the
Assigned Employees that relate to events or incidents occurring prior or subsequent to the term
of this Agreement, and (c) arising from any act or omission on the part of GovTemps or any of
the GovTemps Parties.
Section 7.02. Indemnification by the Client. The Client agrees to indemnify, defend
and hold the GovTemps Parties harmless from and against all Losses (a) arising out of the
Client’s breach of its obligations under this Agreement, (b) relating to any activities or
conditions associated with the Assignment, and (c) arising from any act or omission on the part
of the Client or any of the Client Parties.
Section 7.03. Indemnification Procedures. The Party seeking indemnity (the

"Indemnified Party") from the other Party (the "Indemnifying Party") pursuant to this Section 7,
must give the Indemnifying Party prompt notice of any such claim, allow the Indemnifying
Party to control the defense or settlement of such claim and cooperate with the Indemnifying
Party in all matters related thereto. However, prior to the Indemnifying Party assuming such
defense and upon the request of the Indemnified Party, the Indemnifying Party must demonstrate
to the reasonable satisfaction of the Indemnified Party that the Indemnifying Party (a) is able to
fully pay the reasonably anticipated indemnity amounts under this Section 7 and (b) will take
steps satisfactory to the Indemnified Party to ensure its continued ability to pay such amounts. In
the event the Indemnifying Party does not control the defense, the Indemnified Party may defend
against any such claim at the Indemnifying Party’s cost and expense, and the Indemnifying Party
must fully cooperate with the Indemnified Party, at no charge to the Indemnified Party, in
defending such potential Loss, including, without limitation, using reasonable commercial efforts
to keep the relevant Assigned Employee available. In the event the Indemnifying Party controls
the defense, the Indemnified Party is entitled, at its own expense, to participate in, but not
control, such defense. The failure to promptly notify the Indemnifying Party of any claim
pursuant to this Section will not relieve such Indemnifying Party of any indemnification
obligation that it may have to the Indemnified Party, except to the extent that the Indemnifying
6
Party demonstrates that the defense of such action was materially prejudiced by the Indemnified
Party’s failure to timely give such notice.
Section 7.04. Survival of Indemnification Provisions. The provisions of Section 7

survive the expiration or termination of this Agreement.
SECTION 8
MISCELLANEOUS PROVISIONS
Section 8.01. Amendments. This Agreement may be amended at any time and from
time to time, but any amendment must be in writing and signed by all the Parties to this
Agreement, except for changes to the fees provided for in Section 3.
Section 8.02. Binding Effect. This Agreement inures to the benefit of and binds the
Parties and their respective heirs, successors, representatives and assigns. Neither Party may
assign its rights or delegate its duties under this Agreement without the express written consent
of the other Party, which consent will not be unreasonably withheld.
Section 8.03. Counterpart Execution. This Agreement may be executed and delivered
in any number of counterparts, each of which will be an original, but all of which together
constitutes one and the same instrument. This Agreement may be executed and delivered via
facsimile or electronic mail.
Section 8.04. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties regarding GovTemps’ placement of the Assigned Employee with the Client,
and contains all of the terms, conditions, covenants, stipulations, understandings and provisions
agreed upon by the Parties. This Agreement supersedes and takes precedence over all proposals,
memorandum agreements, tentative agreements, and oral agreements between the Parties, made
prior to and including the Effective Date of this Agreement not specifically identified and
incorporated in writing into this Agreement. No agent or representative of either Party has the
authority to make, and the Parties will not be bound by or liable for, any statement,
representation, promise, or agreement not specifically set forth in this Agreement.
Section 8.05. Further Assurances. The Parties will execute and deliver any and all
additional papers, documents, and other assurances and do any and all acts and things reasonably
necessary in connection with the performances of their obligations under this Agreement.
Section 8.06. Gender. Whenever the context herein so requires, the masculine,
feminine or neuter gender and the singular and plural number include the other.
Section 8.07. Section Headings. Section and other headings contained in this
Agreement are for reference purposes only and do not affect in any way the meaning or
interpretation of this Agreement.
Section 8.08. Severability. If any part or condition of this Agreement is held to be void,
invalid or inoperative, such shall not affect any other provision hereof, which will continue to be
effective as though such void, invalid or inoperative part, clause or condition had not been made.
7
Section 8.09. Waiver of Provisions. The failure by one Party to require performance by
the other Party shall not be deemed to be a waiver of any such breach, nor of any subsequent
breach by the other Party of any provision of this Agreement. Such waiver shall not affect the
validity of this Agreement, nor prejudice either Party’s rights in connection with any subsequent
action. Any provision of this Agreement may be waived if, but only if, such waiver is in writing
signed by the Party against whom the waiver is to be effective.
Section 8.10. Confidentiality. Each Party will protect the confidentiality of the other’s
records and information and must not disclose confidential information without the prior written
consent of the other Party. Each Party must reasonably cooperate with the other Party regarding
any Freedom of Information Act (FOIA) request calling for production of documents related to
this Agreement.
Section 8.11. Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Illinois applicable to contracts made and to be
performed entirely within such state, except the law of conflicts.
Section 8.12. Force Majeure. GovTemps will not be responsible for failure or delay in
assigning its Assigned Employee to Client if the failure or delay is caused by labor disputes and
strikes, fire, riot, terrorism, acts of nature or of God, or any other causes beyond the control of
GovTemps.
SECTION 9
DISPUTE RESOLUTION
Section 9.01. Good Faith Attempt to Settle. The Parties will attempt to settle any
dispute arising out of or relating to this Agreement, or the breach thereof, through good faith
negotiation between the Parties.
Section 9.02. Governing Law/Jurisdiction. If a dispute cannot be settled through good

faith negotiation within thirty (30) days after the initial receipt by the allegedly offending party
of written notice of the dispute, then the controversy or claim may be adjudicated by a federal or
state court sitting in Cook County, Illinois. Venue and jurisdiction for any action under this
Agreement is Cook County, Illinois. This Agreement and any amendments hereto will be
governed by and construed in accordance with the laws of the State of Illinois.
Section 9.03. Attorneys' Fees. The Parties agree that, in the event of litigation under
this Agreement, each Party is liable for only those attorneys’ fees and costs incurred by that
Party.
8
SECTION 10
NOTICES
Section 10.01. Notices. All Notices given under this Agreement must be written and
may be given by personal delivery, first class U.S. Mail, registered or certified mail return
receipt requested, overnight delivery service, or electronic mail.
Notices will be deemed received at the earlier of actual receipt or three (3) days from
mailing date. Notices must be sent to the Parties at their respective addresses shown below. A
Party may change its address for notice by giving written notice to the other Party.
If to GovTemps: GOVTEMPSUSA, LLC

630 Dundee Road Suite 130
Northbrook, Illinois 60062
Attention: Michael J. Earl
Telephone: 224-261-8366
Electronic Mail: mearl@govhrusa.com
If to the Client: CITY OF MOLINE

619 16th Street
Moline, Illinois 61265
Attention: Mayor Stephanie Acri

Telephone: 309-524-2001
Electronic Mail: sacri@moline.il.us
Attention: Alison Fleming, HR Manager

Telephone: 309-524-2068
Electronic Mail: afleming@moline.il.us
[Signatures on following page]
9
IN WITNESS WHEREOF, the Parties executed this Agreement on the Effective Date,
which is the date this Agreement is last signed by GovTemps.
GOVTEMPSUSA, LLC,
an Illinois limited liability company
By
Name: Joellen J. Cademartori

Title: President and Co-Owner
Effective Date: May 27, 2020
CLIENT
By
Name: Stephanie Acri

Title: Mayor
[Signature Page to Employee Leasing Agreement]

EXHIBIT A
Assigned Employee and Base Compensation
ASSIGNED EMPLOYEE: Martin Vanags
POSITION/ASSIGNMENT: Interim City Administrator
POSITION TERM: May 27, 2020 – May 26, 2021
Agreement may be extended for up to an additional year with mutual agreement of the Parties.
Either Party has the right to terminate the agreement provided it gives thirty (30) days advance
written notice.
BASE COMPENSATION: $4200/week (based on a 40/hour work week at a rate $105/hour).
Specific hours of work will be determined between the Client and the employee.
GOVTEMPSUSA, LLC: CLIENT:
By: By:
5/28/2020
Date: May 12, 2020 Date:
This Exhibit A fully replaces all Exhibits A dated prior to the Effective Date of this Agreement.
Exhibit A-1
EXHIBIT B
Summary of Benefits
PAID HOLIDAYS: The Client will provide paid holidays to the employee on the same
schedule it provides to its employees.
PAID TIME OFF: The Client will provide up to fifteen (15) paid time off days to the
employee. Any unused days will not carry over if the term is extended nor will they be paid out
at the end of the term.
LODGING: The Client will provide a stipend to the employee equal to $1750/month. For up
to the first thirty (30) days of employment, Client agrees to reimburse employee up to the
amount of $100/day for lodging until such time as employee secures a more permanent lodging
situation. Said reimbursement will be in lieu of and not in addition to the stipend of
$1750/month.
RELOCATION EXPENSE: Upon the submittal of receipts, the Client will reimburse the
employee for relocation expenses (moving and travel) in an amount not to exceed $2500.
AUTOMOBILE USE: Client will provide a City vehicle to the employee for use during the
workday. Vehicle is not to be used for commuting purposes.
CELLULAR PHONE: Client will provide a cellular phone to the employee for business
purposes only.
ATTENDANCE AT PROFESSIONAL CONFERENCE: Client agrees to fund employees’

attendance at the annual 2020 International City/County Management Conference (ICMA) in
accordance with the Client’s Travel and Business Expense Policy.
Exhibit B-1
R
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CONFIDENTIAL

EMPLOYEE FORMAL INVESTIGATION

EXECUTIVE SUMMARY OF FINDINGS

Sikich Human Capital Management & Payroll

, Managing Director of the Sikich, LLP Human Capital and Management

On October 1, 2020, at 6:48 pm CST, sent an email

In the email, stated in accordance with City policy on reporting sexual

Sikich HR Consultant, , conducted one-on-one in person and/or phone

 is the . He reports the Martin Vanags and has

 Martin (Marty) K. Vanags is the Interim City Administrator/Executive Department. He

i. Expressed appreciation for their time

All interviews were concluded by:

Background on Investigation Participants

 Martin (Marty) Vanags

 is one of direct reports of Marty Vanags.

SUMMARY OF FINDINGS FROM SUPPORTING DOCUMENTATION & EVENTS

 Email dated October 1, 2020 (Exhibit A)

o stated the effect of Vanags’ statements and stories of sexual encounters,

o made an additional statement following the “detrimental” comment that he

o stated he was a victim of documented retaliation and retribution by Vanags

 Drive with and Marty June 25, 2020 (Exhibit B)

ii. When was asked about if he recalled any inappropriate comments

iv. stated “I couldn’t see ’s face from my seat in the truck, so I

v. confirmed the only time he discussed the incident with was in

ix. was asked if he thought if he had immediately reporting the incident

 Meeting August 3, 2020 (Exhibit C)

 August 19, 2020 Meeting with and Marty (Exhibit D)

ii. stated he had observed inappropriate behavior. He stated he

iv. found Marty’s remarks to be detrimental to the spirit of collaboration.

 Grant Discussion September 18, 2020 (Exhibit E)

ii. When was asked if he recalled any inappropriate comments being

 , and Discussion September 21, 2020 (Exhibit F)

 Staffing Meeting September 23, 2020 (Exhibit G)

o He stated, “I’ve spoken with my attorney on many occasions on these incidents

o stated he knows the process as he was familiar of the situation when he

INVESTIGATION CONCLUSION AND RECOMMENDATIONS

Sikich recommends the following actions to be taken:

o Due to the nature, severity, and consequences of Martin’s action, Sikich

A. Email: FW: Employment Law and Policy Violations

From: Price, Derke <DPrice@ancelglink.com>

Derke J. Price, Partner

1979 N. Mill St., Suite 207

II. Definition of Sexual Harassment

Conduct which may constitute sexual harassment includes:

III. Procedure for Reporting an Allegation of Sexual Harassment

IV. Procedure for Reporting an Allegation of Sexual Harassment Made

V. Prohibition on Retaliation for Reporting Sexual Harassment Allegations

(1) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or

VI. Consequences of a Violation of the Prohibition on Sexual Harassment

VII. Consequences for Knowingly Making a False Report

VIII. Supervisors’ Responsibilities

EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

Approved: City Administrator

CHARACTERISTICS OF THE JOB

EXAMPLES OF DUTIES Other duties may be assigned.

Manage the plan review process prior to the issuance of permits.

Training and Experience

Knowledge, Skills and Abilities

Licenses, Registrations and Certifications

CHARACTERISTICS OF THE JOB

EXAMPLES OF DUTIES Other duties may be assigned.

Promote communication and adequate information flow.

Serve as member of management committees.