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Home My Public Portal About1987_08_12_O023ORDINANCE NO. 87-0-23 PRESENTED ADOPTED August 12, 1987 August 12, 1987 AN ORDINANCE: AMENDING CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE (ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH STATE GRIEVANCE PROCEDURE POLICIES WHEREAS, the Commonwealth of Virginia has established statutory mandates for local grievance procedures; and WHEREAS, these grievance procedures are effective July 1, 1987: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-53 (b) of the Town Code (Article 21 of the Personnel Manual) is amended to read as follows: (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, however the measurement and assessment of work activity through a performance evaluation shall not be grievable except where the employee can show that the evaluation was arbitrary or capricious; (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; (6) except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance, discharge, layoff, demotion, or suspension from duties because of lack of work, reduction in work force, or job abolition; (7) the hiring, transfer, assignment and retention of employees within the agency (provided such actions do not constitute disciplinary actions); or (8) the relief from normal duties in emergencies. In any grievance brought under the exception to Section 12.1-53 (b) (6), the action shall be upheld upon a showing by the town that: (1) there was a valid business reason for the action, and (2) the employee was notified of such reason in writin~ prior to the effective date of the action. AMENDING GRIEVANCE PROCEDURE SECTION II. Ail prior ordinances and resolutions in conflict herewith are repealed. SECTION III. PASSED this This ordinance shall be in effect upon its passage. 12th day ofAugust , 1987. R~bert E. Sevila, Mayor Town of Leesburg ATTEST: