HomeMy Public PortalAbout1978_06_28_O018ORDINANCE NO.
AN ORDINANCE:
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
78-0-18
PRESENTED
AMENDED
ADOPTED
June 28, 1978
June 28~ 1978
'J~ne 28~ 1978
AMENDING ARTICLE 21 OF CHAPTER 12 OF THE TOWN CODE
REGARDING GRIEVANCE PROCEDURES
WHEREAS, the 1978 Session of the Virginia General Assembly
amended Title 2.1 of the Code of Virginia by adding a new chapter
numbered 10.1, entitled "Law Enforcement Officers Procedural
Guarantees" (HB 247):
BE IT ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows:
SECTION I. Article 21 of Chapter 12 of the Town Code is here-
by amended by adding Sections 12.1-56;1 through 12.1-56:7 as fol-
lows:
ARTICLE 21
Sec. 12.1-56:1. Police Investigation Procedure.
Whenever an investigation by the town focuses on matters
which could lead to the dismissal, demotion, suspension or
transfer for punitive reasons of a uniformed police officer,
the following conditions shall apply:
(a) Any questioning of the police officer shall take
place at a reasonable time and place as designated by the
investigating officer or individual, preferably when the
officer under investigation is on duty, unless circumstances
dictate otherwise.
(b) Prior to the officer being questioned, he or she
shall be informed of the name and rank of the investigating
officer, if applicable, and of any individual to be present
during the questioning and the nature of the investigation.
Sec. 12.1-56:2. Notice of Charges.
Before any dismissal, demotion, suspension without pay
or transfer for punitive reasons is imposed, the town shall
-2-
provide the officer under investigation a statement in writ-
ing of the charges, the basis therefor, the action which may
be taken, and an opportunity to respond to the charges, both
orally and in writing, within five calendar days. In pre-
paring his or her response, the officer may be assisted by
counsel at his or her own expense.
Sec. 12.1-56:3. Hearing.
Whenever a police officer is dismissed, demoted, sus-
pended or transferred for punitive reasons, he or she may,
within five calendar days, request a hearing. The hearing
shall be held within fourteen calendar days following the
date of request. At the hearing, the officer and the town
shall be afforded the opportunity to present evidence and
examine and cross-examine the witnesses. The town and the
officer may both be represented by counsel. The panel con-
ducting the hearing shall rule on the admissibility of the
evidence and a record shall be made of the hearing.
Sec. 12.1-56:4. Panel Composition.
The hearing panel shall consist of one member from the
career officers of the town police department not involved
in the investigation selected by the grievant officer, one
member from the career officers of the town police department
not involved in the investigation, at the same or no more than
two ranks above the grievant officer, selected by the Town
Manager, and a third member from the town's career service
excluding the police department selected by the first two
members.
Sec. 12.1-56:5. Immediate Suspension Authorized.
Nothing in this article shall prevent the immediate sus-
pension without pay of any police officer whose continued
presence on the job is deemed to be a substantial and im-
mediate threat to the welfare of the town, nor shall anything
in this article prevent the suspension of a police officer
for refusing to obey a direct order issued in conformance
with the town's written and disseminated rules and regula-
tions. In such case, the police officer shall, upon request,
be afforded the rights provided under this article in a rea-
sonable amount of time.
Sec. 12-.1-56:6. Hearing is Adyisory.
The recommendations of the panel, and the reasons there-
for, shall be in writing, shall be transmitted promptly to
the grievant officer, to the chief of police, Town Manager
and personnel director. Such recommendation shall be ad-
visory only, but shall be accorded significant weight.
Sec. 12.1-56:7. Oral Reprimand Not Prohibited.
Nothing in this article shall be construed to prohibit
the formal counseling of a police officer by a supervisor
in reference to a minor infraction of policy or procedure
which does not result in disciplinary action.
SECTION II. An emergency is declared and this ordinance
shall be in effect from and after its passage
PASSED this 28th day of June , 1978.
ATTEST:
Clerk of Co~cil
Mary A~ne Newman, Mayor
Town of Leesburg