HomeMy Public PortalAbout1999_05_25_O013The Town of
Leesburg,
Virginia
ORDINANCE NO. 99-0-13
PRESENTED May 25, 1999
ADOPTED May 25, 1999
AN ORDINANCE: AMENDING SECTIONS 12.1-3, 12.1-92, 12.1-93, 12.1-94 AND 12.1-98
OF THE TOWN CODE AND PERSONNEL MANUAL
WHEREAS, the Personnel Office and Town Council Personnel Committee recommend
changes to the Town Code and Personnel Manual.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 12.1, Article 1, General Scope and Application, is hereby
amended as follows:
Sec. 12.1-3. Applications
(a) All positions in the service of the town are divided into the following
categories for purposes of applicability to these roles:
(1) Council and Boards
(aa)
(bb)
(cc)
(dd)
(ee)
(fO
(gg)
(hh)
(ii)
(j j)
(kk)
(11)
Mayor and Council
Planning Commission
Board of Zoning Appeals
Board of Architectural Review
Airport Commission
Cable Television Advisory Commission
Economic Development Commission
Parks and Recreation Advisory Commission
Tree Commission
Balch Library Advisory Commission
Environmental Advisory Commission
Other Town Boards, Commissions and Committees
(2) Council-appointed positions
(aa) Town Manager
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(b)
(c)
(d)
(3) Officers
(4)
(aa) Regular
(i) Deputy or Assistant Town Managers
(ii) Department Directors
(bb) Council Confirmed
(i) Director of Finance
(ii) Chief of Police
Employees
(aa) Regular
(bb) Seasonal
(cc) Regular Part-time
(dd) Temporary Part-time
Those positions enumerated in paragraph (a)(1) above, shall be exempt from the
p ii fth 1 ~' .............. ~ *~' ...... .4 ....~'~ ...... "fr p p
rovsonso eserues, ......... ,
1. om ro ~,i-
.............. j ........... exce where noted.
These rules shall apply uniformly to all other positions in the service of the town unless
otherwise provided herein.
These rules shall not limit or prohibit the Town Council from executing agreements
with any position as defined in paragraph (a)(2) above, covering provisions regarding
benefits, compensation or any other condition of employment. Such agreements shall
supersede only those rules which are in conflict with provisions of agreement.
SECTION II.
amended as follows:
Chapter 12.1, Article 24, Gifts, Gratuities and Expenses, is hereby
Sec. 12.1-92. Application
This article applies to all emplcyees
individuals in positions in service of the town identified in Section 12.1-3(a) egqhi~hap~.
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Sec. 12.1-93. Gifts and Gratuities
No e~aptog~ individual shall solicit or accept in the course of work favors, gifts,
gratuities or any other valuable thing which could reasonably be construed as influencing the
performance of town duties and responsibilities. This rule is not intended, however, to prohibit
the following:
(a) Receipt of unsolicited articles which are distributed generally1 such as calendars, pens,
note pads, and similar articles of minimal value;
(b) Attendance at social functions which promote good relationships with citizens and the
professional and business community;
(c) Attendance at any trade association or commercially sponsored training program
approved by the manager;
(d) Attendance at commercially sponsored social events when part of the social calendar
of professional conferences;
(e) Consumption of food provided as a gift to town employee groups generally;
(f) Acceptance of gifts or awards when made in public presentation by legitimate service,
civic, or fraternal organizations and approved in advance by the manager.
Sec. 12.1-94 Employee Expenses
These requirements apply to all persons in positions in service of the town who are
seeking payment for expenses.
(a) Policy
Employees required to travel out of town on town business, when the time away from
the town exceeds one workday or the amount sought for expenses reimbursement
exceeds $25.00, must have the travel approved in advance by the Town Manager.
The Town Manager shall authorize the "Travel and Advance Payment Request and
Expense Reports" for use by employees in requesting approval. All other travel shall
require the approval of the employee' s Department Director.
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destination as ';,'el! as relmb',:rsement for Fork/rig fees and tolls.
\~.)
All travel must be of an official nature. Travel expenses are open to scrutiny by the
genera u c. ~'.v,,. ..... em o 'ees, ................ , ...................... ny erson
entitled to participate in town travel privileges is a~ags_ expected to exercise prudent
judgment and be able to sustain the test of public review.
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All seminars, courses, meetings, etc., must be directly related to the performance of
~ any the individual's assigned duties. The monies requested must be
approved in the adopted budget.
All travel must be approved in writing, using the Travel Expense Form available from
the Department of Finance, prior to departure on any official travel. Failure to obtain
approval PRIOR to traveling could result in the individual not being reimbursed for
expenses. Local business travel, without an expected overnight stay, where a personal
vehicle or public transportation is used, need not be approved in advance, however,
the same form must be used for reimbursement. Local business travel will be defined
as travel within a 125 mile radius.
When travel is performed in a town owned vehicle, the only transportation expenses
allowed are for tolls, parking, and gas purchased. Receipts for tolls and parking are
required only if actual expenses claimed exceed $5.00. Receipts are required for ALL
gas purchased.
When travel is authorized and performed in a privately owned vehicle, round trip
mileage is calculated from and to the town office at the prevailing rate for business
use as specified by Internal Revenue Service.
If actual cost of meals is claimed, ALL of the following criteria must be met, there are
no exceptions or waivers:
1. ALL meals will be reimbursed at actual cost.
2. A receipt is required for ALL meals claimed.
3. UNDER NO CIRCUMSTANCE CAN TOWN FUNDS BE USED FOR
ALCOHOLIC BEVERAGES.
If a receipt for a meal is not submitted, it will be assumed that no meal was
consumed, and the cost will be calculated at zero.
If per diem is claimed, ALL meals will be paid at the established rate, and no meal
receipts are required: Breakfast - $7.50; Lunch - $12.50; Dinner - $25.00. No per
diem will be permitted for any meal where the accommodation rate and/or
seminar/meeting fee includes providing for that meal.
Lodging cost claimed requires a receipt and will be reimbursed at the actual single
person rate established by the participating hotel involved in the
conference/seminar/training. The number of nights reimbursed will be that required
to attend the scheduled meetings. No overnight reimbursement will be paid if the
meeting is one day at a location not exceeding 125 miles one way from Leesburg.
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However, if there are circumstances of an unusual nature, the Town Manager or the
Town Council can approve in advance in writing overnight reimbursement.
(b) Procedure for filing Travel Advance/Expense Form:
~ Any individual has the option of requesting direct payment to the
related vendor(s), being reimbursed after the completion of the trip, or receiving a
cash advancement, or a combination of these options.
If direct payment is needed to a vendor, the ~ individual shall submit the
announcement stating specific dates of the function 15 days prior to payment
requirement.
(c) Procedure for filing reconciliation of the Travel Advance/Expense Form
Elected and appointed official travel shall be submitted to the Town Council for
approval and if the report is not received within 30 days, the cash advance will be
charged against their paycheck.
Within 5 working days after the completion of the trip, th~ ~ all individuals
must complete and submit to the Department of Finance the final report of travel.
The final report must include receipts for expenditures attached or no
reimbursement/allowance will be authorized. If funds are due the town,
reimbursement must be attached to the final report.
SECTION m. Chapter 12.1, Article 26, General Policies and Employer Standards and
Guidelines~ is hereby amended as follows:
Sec. 12.1-98. Harassment in the Workplace
It is town policy that all individuals in positions in service of the town employees have a
right to work in an environment free from discrimination, which includes freedom from
harassment, whether that harassment is based on gender, age, race, national origin, religious creed,
sexual orientation, marital status, or membership in protected groups.
With specific reference to sexual harassment, the purpose of this policy is to protect male
and female employe~ personnel against unsolicited and unwelcome sexual overtures and
conduct, either physical or verbal. This does not refer to occasional compliments of a socially
acceptable nature.
The policy prohibits behavior that is not welcomed by *~,..~ .... ,.~.r..,j.~.,~ ....... ,...,.~ any individual
and that is personally offensive. Harassment includes, but is not limited to:
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(a)
Verbal Harassment--for example, epitaphs, derogatory comments or slurs on the basis
of race, religious creed, color, national origin, ancestry, disability, medical condition,
marital status, gender or age. This might include inappropriate sex oriented
comments on appearance, including dress or physical features or race oriented stories.
(b)
Physical Harassment--for example, assault, impeding or blocking movement, with the
physical interference with normal work or movement when directed at an individual
on the basis of race, religious creed, color, national origin, ancestry, disability,
medical condition, marital status, gender or age. This could be conduct in the form of
pinching, grabbing, patting, leering, or making explicit or implied job threats or
promises in return for submission to physical acts.
(c)
Visual Forms of Harassment--for example, derogatory posters, notices, bulletins,
cartoons, or drawings on the basis of race, religious creed, color, national origin,
ancestry, disability, medical condition, marital status, gender or age.
(d)
Sexual Favors--unwelcome sexual advances, request for sexual favors, and other
verbal or physical conduct of a sexual nature that is conditioned upon an employment
benefit, interferes with an individual's work performance, or creates an offensive
work environment.
Violations of this policy will not be permitted. Av, yov, e All individuals in positions in
service of the town ,,vhe~ola~ that violate this policy, will be subject to discipline up to and
including termination.
Any ~ individual who feels he or she is a victim of harassment should respond
immediately and directly to the offender to indicate that the behavior or remark is not acceptable.
If the offensive behavior continues, it is very important that the employee individual being
harassed report to management and begin to document the specifics of the alleged harassment:
dates, time, place, witnesses, if any, and exactly what happened and what was said, even though
this may be difficult or embarrassing to do. Harassment is a serious charge and without this kind
of documentation it may be difficult or impossible to conduct an investigation that is fair to both
parties.
If the offensive behavior continues, the individual employee should report the problem to
his/her supervisor or department director. If the situation cannot be adequately resolved at the
department level, the individual employee who is suffering harassment should report the matter
to the Personnel Director, and/or the Town Attorney, who will present the results of his/her
investigation to the Town Manager to decide the appropriate action.
At whatever level the matter is reported, the complaint is to be thoroughly investigated.
Confidentiality and privacy of g~-ompteyees all individuals are to be respected during any
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investigation, and tl~e emF!c;,'ee: are every individual is expected to maintain confidentiality.
If the results of the investigation are inconclusive and no discipline is to be administered,
there will be no record of the charge or investigation in either ~ individual's personnel
file. Under no circumstances shall any individuals in positions in service of the town emptoy~
retaliate in any manner against the complaining party for having lodged the complaint; however,
if after investigating the complaint, the town determines that the complaint is not bona fide or
that an ~ individual has provided false information regarding the complaint, disciplinary
action may be taken against the individual who filed the complaint or who gave the false
information.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 25th day of May, 1999.
J.a(mes E. Clem, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
O: Personnel Manual 99