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Home My Public Portal About1978_12_13_O038ORDINANCE NO. TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED December 13, 1978 78-0-38 ADOPTED December 13, 1978 AN ORDINANCE: AMENDING ARTICLE 21 OF CHAPTER 12 OF THE TOWN CODE REGARDING GRIEVANCE PROCEDURES WHEREAS, the 1978 Session of the Virginia General Assembly passed and the Governor has signed S.B. 135 which amends the grievance procedure requirements for local governments: BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Article 21 of Chapter 12 of the Town Code is hereby amended to read as follows: ARTICLE 21 GRIEVANCE PROCEDURES Sec. 12.1-53. Intent and application. (a) For the purposes of this grievance procedure, a grievance shall be construed as a complaint or dis- pute by an employee relating to his or her employment, including, but not necessarily limited to: (1) disci- plinary actions involving dismissals, demotions and sus- pensions; (2) concerns regarding the application, mean- ing or interpretation of these rules; (3) acts of re- prisal as the result of utilization of the grievance procedure; and (4) complaints of discrimination on the basis of race, color, creed or sex. (b) Complaints are not grievable where they involve: (1) establishment and revision of wages or salaries, position classifications or general benefits; (2) work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be a part of the job content; (3) the con- tents of ordinances, these rules, or other established procedures and regulations; (4) failure to promote -2- except where the employee can show established pro- motional policies or procedures were not followed or applied fairly; (5) the methods, means and personnel by which such work activities are to be carried on; or (6) discharge, layoff or suspension from duties because of lack of work, reduction in work force, or job abolition. (c) Questions of grievability shall be resolved by the Town Manager. (d) This grievance procedure shall apply only to the following positions and categories of positions: (1) Career service employees with the exception of the Clerk of Council. (2) Uniformed police officers except those who elect to resolve grievances in accordance with Sec. 12.1-56:1 et seq. of this article. Sec. 12.1-54. Procedure. (a) Step 1. The grievant shall verbally present the facts surrounding the grievance to his immediate super- visor within 10 days of the date the grievance or dis- pute occurred. The supervisor shall render his decis- ion to the grievant within 4 working days from the day the grievance was presented. (b) Step 2. If the grievance is not resolved in Step 1, the employee shall reduce the grievance to writing within five days and present it to the appro- priate department head. It shall include a statement of the grievance and the facts involved, the alleged viola- tion of these rules, the initial decision of the immedi- ate supervisor, and the remedy requested by the grievant. The Department Head shall arrange a meeting with the grievant and his immediate supervisor where applicable to review the facts and shall notify the grievant of his decision in writing within three working days of such meeting. Step 2 and Step 3 shall be waived if the Town Manager serves as the grievant's immediate supervisor. (c) Step 3. If the grievance is not resolved in Step 2, the grievant may ask the Town Manager for a meet- ing to discuss the grievance further. Such request must be made within five working days following receipt of the Department Head's reply. Such meeting shall be held within two working days of the date of the request and shall be attended by the grievant, such representatives as he may select, the Department Head and the immediate supervisor. The Town Manager shall provide a written -3- decision to the grievant with a copy to all other attendees, within three working days of the date of the meeting. This section shall not be construed as limiting the Town Mana- ger's authority to require additional meetings with only the grievant present to discuss matters pertaining to the grievance. (d) If the Town Manager's decision does not resolve the grievance, the grievant may proceed by requesting a panel hearing with the Board of Grievance Commissioners. Such a request must be received by the Board within seven working days of the grievant's receipt of the Town Mana- ger's decision. (e) The grievant's failure to follow this process or generate the proper correspondence within the time limits established herein shall be construed as a termi- nation of the grievance. Sec. 12.1-55. Board of Grievance Commissioners. The Board of Grievance Commissioners is hereby created. (a) Organization. The Board of Grievance Commissioners shall consist of 12 members who shall be annually appointed by the Town Council, based upon the following: (1) Six members shall be selected from full- time non-supervisory town employees evenly divided between office and outside personnel. (2) Three members shall be selected from among full-time supervisory town employees exclud- ing the Town Manager and Clerk of the Council. (3) Three members shall be selected from town residents of responsible character and not employed by the town. (4) Vacancies on the commission created by resig- nation or ineligibility shall be filled for the unexpired term in accordance with the above criteria. (b) Panel Selection. The panel shall be composed of three members chosen from among the Board of Grievance Commissioners as follows: (1) A member shall be selected by the Town Manager. -4- (2) A member shall be selected by the grievant. (3) The remaining member shall be selected by the first two appointments. (4) Refusal to serve on a panel without cause shall be construed as resignation from the commission. None of the commissioners selected to form the panel to hear the specific grievance may have been involved in an earlier phase of said grievance. (c) Conduct of Investigation. (1) The panel shall select its chairman and establish a hearing date no more than ten working days from receipt of the grievance. (2) The grievant may have a representative or legal counsel present at this meeting at his own expense. (3) The Personnel Director shall insure that all copies of written correspondence generated and related to the grievance are delivered to the panel. (4) The panel shall determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing. (5) The panel may at the beginning of the hearing ask for a statement clarifying the issues involved. (6) Exhibits when offered may be received in evidence by the panel, and when so received, shall be marked and made part of the record. (7) The grievant and Town Manager, or their representatives, shall then present their claim and proofs and witnesses who shall submit to questions or other examination. The panel may, at its discretion, vary this procedure, but shall afford full equal op- portunity to all parties and witnesses for presentation of any material or relevant proofs. -5- (8) Parties may offer evidence and shall produce such additional evidence as the panel may deem necessary to an understanding and determination of the dispute. The panel shall be the judge of relevancy and material- ity of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. (9) The Panel Chairman shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the Chair- man shall declare the hearing closed. (10) The panel hearing may be reopened on its own motion or upon application of either party which demonstrates that additional informa- tion or evidence is available of a significant value to effect a forthcoming decision. (11) The panel's decision shall be in writing and signed by the Chairman and filed with the Town Manager not later than 15 working days fol- lowing the completion of the first panel hearing. Copies of the decision shall be transmitted to all hearing attendees and the Town Council. (d) Powers. (1) The panel is vested with the responsibility and authority to interpret the application of these rules as they relate to each specific case before them. However, it is not empowered to change said rules. (2) In-grade service increments are not grievable. (3) Merit increases are not grievable. (4) Employee Evaluation Reports are grievable. (5) The majority decision of the panel shall be final in all of its determinations. Sec. 12.1-56. General Rights of Management. The grievance procedure established herein shall not circumscribe or modify the existing right of the Town to do the following, provided, however, that none of these rights may be exercised in an arbitrary or capricious manner: -6- (1) Direct the work of its employees, as well as establish and revise wages, salaries, position classifications, and general employee benefits; (2) Hire, promote, transfer, assign and re- tain employees in positions within the town; (3) Relieve employees from duties of the town in emergencies; (4) Maintain the efficiency of governmental operations; (5) Determine the methods, means and personnel by which operations are to be carried on; (6) Establish and revise personnel policies as provided by law and these rules. SECTION II. passage. PASSED this This ordinance shall be in effect upon its 13th day of December , 1978. ATTEST: Ke~nneth B. Rollins, Mayor Town of Leesburg Clerklf Council