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1984_09_26_O042The Town of Leesburg in Virginia PRESENTED September 26, 1984 ORDINANCE NO. 84-0-42 ADOPTED September 26, 1984 AN ORDINANCE: AMENDING CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE CONCERNING GRIEVANCE PROCEDURE TO INCLUDE ALL PERSONS ORDAINED by the 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: Sec. 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 of reprisal as the result of utilization of the grievance procedure; (4) complaints of discrimination on the basis of race, color, creed, sex7 or handicap; and (5) reprisal on the part of the town as a result of an employee's participation in the grievance of another employee. (b) Complaints are not grievable where they involve: (1) establish- ment and revision of wages or salaries, position classifications or general benefits; (2) work activity accepted by the employee as a condil:ion of employment or work activity which may be reasonably expected to be a part of the job content; (3) the contents or 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 persons~ 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. (3) An7 citizen grievance based on alleged violation of federal~ state or local "handicapped discrimination" laws governed by Sec. 12.1-54~ ¶(c)~ (d)~ (e)~ (f) of Article 21. Ordinance amending Personnel Manual concerning Grievance Procedure Page 2 SECTION II. repealed. SECTION III. PASSED this This ordinance shall be in effect upon its passage. 26th day of September , 1984. Robert E. Sev~ Town of Leesburg All prior ordinances and resolutions in conflict herewith are ATTEST: Clerk of ~ncil