HomeMy Public PortalAbout1982_04_28_O016TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED April 28, 1982
ORDINANCE NO. 82-0-16
ADOPTED April 28, 1982
AN ORDINANCE: AMENDING SECTIONS 12.1-53 AND 12.1-54 DF THE TOWN CODE REGARDING
THE GRIEVANCE PROCEDURE
ORDAINED by the Town Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-53 of the Town Code is amended to read as follows:
Section 12.1-53. Intent and Application
(a) For the purposes of this grievance procedure, a grievance shall be
construed as a complaint or dispute by an employee relating to his or her
employment, including, but not necessarily limited to: (1) disciplinary
actions involving dismissals, demotions, and suspensions; (2) concerns
regarding the application, meaning or interpretation of these rules; (3)
acts or reprisal as the result of utilization of the grievance procedure;
em~ (4) complaints of discrimination on the basis of race, color, creed, or
sex; and (5) reprisal on the part of the town as a result of an employee's
participation in the ~rievance of another employee.
(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 contents of ordinances, these rules, or other established procedures
and regulations; (4) failure to promote except where the employee can show
established promotional 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.
The grievant may appeal the decision of grievability made by the Town Manager
to the Circuit Court for Loudoun County, which decision shall be final.
(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 Section 12.1.-56:1
et seq. of this article.
SECTION II. Section 12.1-54 of the Town Code is amended to read als follows:
Sec. 12.1-54. Procedure
(a) Step 1. The grievant shall verbally present the facts surrounding
the grievance to his immediate supervisor within 10 .days of the date the
grievance or dispute occurred. The supervisor shall render his decision 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
appropriate department head. It shall include a statement of the grievance
and the facts involved, alleged violation of these rules, the initial deci-
sion of the immediate supervisor and the remedy requested by the grievant.
The Department Head shall arrange a meeting with the grievant and his imme-
diate supervisor where applicable to review the facts and shall notify the
grievant of his decision in writing within three working days of such meet-
ing. 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 meeting 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 repre-
sentatives as he may select, the Department Head and the immediate supervisor.
The Town Manager shall provide a written 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 Manager'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 Manager'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 termination of the grievance.
(f) The respondent's failure to comply with all substantial requirements of
this article without just cause will, at the option of the grievant, advance the
grievance to the next step in the grievance process. Failure of t'he respondent,
without just cause, to comply with all substantial procedural requirements of
Step 3 of the grievance process shall result in a decision in favor of the
grievant. A grievant may petition the Circuit Court to order the implementation
of any decision of the grievance panel.
SECTION III.
PASSED this
Clerk of C~ncil
This ordinance shall be in effect upon its passage.
28th day of April , 1982. ·
!
G. Dewey Hi-~l, ~Jr., Mayor
Town of Leesburg