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19850709 1985-21ORDINANCE NO. 1985-21 AN ORDINANCE AMENDING SECTIONS 17-1 TO 17-15 OF CHAPTER 17, PERSONNEL, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA BE IT ORDAINED by the Council of the City of Fairfax, ia, that Sections 17-1 to 17-15 of Chapter 17, Personnel, of the Code of the City of Fairfax be and hereby are amended to read in their entirety as follows: "Sec. 17-1. Purpose of Chapter. The purpose of this chapter is to provide for a system of personnel administration for the city based on merit princi- ples such as equitable compensation policies, open competition for .appointment and advancement and equal employment opportuni- ties. The personnel system is designed to ensure that career service employees shall be appointed, promoted, demoted, transferred, disciplined, rewarded and dismissed soley on the basis of merit and fitness and without regard to age, race, color, sex, religion, national origin or because of a physical handicap which will not interfere with the adequate performance of duties. Sec. 17-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Anniversary Date. The date which is used in determining an employee's eligibility for periodic advances in pay and leave. The date of an employee's original appointment, or most recent appointment if there has been a break in service, shall be his anniversary date for determining leave and performance merit Increases. ~ity Manager,s Personal staff. Professional and technical staff immediately responsible to the city manager and serving at his pleasure, including the city manager's executive assistant and any other position for an administrative assistant to the city manager which may be created. 1985-21 -2- Demotion. Assignment of an employee from one class to another which has a lower maximum rate of pay. p~partment Head. department head: (a) (b) (c) (d) (e) (f) (g) The following shall be referred to as Director of Administration Manager. Director of Finance. Fire Chief. Director of Planning. Police Chief. Director of Public Works. Director of Recreation. Director of Transit and Utilities. - Assistant City Immediate Family. Relatives to include spouse, children, parents, brother, sister, grandparents, mother- or father-in-law, brother- or sister-in-law; or other relatives living within the employee's immediate home. Overtime Work. Time worked by an employee during a single day in excess of the employee's normal work day or during a work period in excess of the hours of work expected in a normal work period. An employee's normal work day and normal work period shall be as more particularly defined in administrative regula- tions as promulgated by the city manager from time to time. Part-time Employee. An individual who is regularly employed for ten hours or more but less than forty hours in one week and is paid on an hourly basis. ~. A level in the pay schedule with a common pay range for all classes assigned thereto. Probationary Period. The one-year working test or trial period of employment beginning with the date of appointment. In the case of law enforcement officers the probationary period shall begin when the employee is sworn as a police officer after completion of initial training. Promotion. A change in status of an employee to a new position which has a higher salary grade. Reclassification. The assignment of a higher or lower pay grade to a position or class of positions. 1985-21 -3- ~emp°rary. Emp%0yge. A person employed by the city with the specific understanding that the duration of employment will not exceed one year. Fringe benefits are not provided to temporary employees and service during temporatry status is not credited towards benefits if an employee then accepts a career position. Work Period. A period of seven calendar days beginning on the day of the week and at the time established by the city manager; except that for police officers and firefighters a work period shall consist of up to twenty-eight consecutive calendar days as established by the city manager through administrative regulations. Sec. 17-3. Application of Chapter. (a) The following persons in the service of the city are not subject to the provisions of this chapter except as otherwise provided by law and as mutually agreed to by the appropriate appointing authorities and the city council: (1) Members of the city council and any staff assist- ants appointed directly by the council. (2) All other elected officials including constitu- tional officers and employees appointed by them. (3) Members of boards and commissions. (4) The city manager and superintendent of schools and city clerk. (5) The registrar and all election officials employed by the electoral board. (6) All persons appointed on a contractual or fee basis. (7) Temporary employees. (8) All other that are exempted by the City Charter or ordinance. (b) All positions, other than temporary, which are under the administrative direction and control of the city manager are in the career service and subject to all provisions of this chapter and supplementary regulations. Sec. 17-4. Responsibility and Authority of City Manager. The city manager shall have the responsibility and authority for administering the personnel system established by this chapter. In implementing this chapter, the city manager is authorized to prepare administrative regulations on personnel 1985-21 -4- management not inconsistent with this chapter. Administrative regulations may be promulgated by the city manager and will generally itemize or detail specifics relating to a personnel management subject. They may be implemented in conjunction with this chapter and will bear the same authority. Sec. 17-5. Appointing Authority. "Appointing authority" is the officer, board, commission, person or group of persons having the power by virtue of state law, City Charter or ordinance to make or terminate personnel appointments. The appointing authorities for the city are as follows: (a) The city council shall appoint the city manager, the city clerk, the city attorney, boards and commissions. (b) The city manager shall appoint department heads with the concurrence of the city council. (c) The commissioner of revenue shall appoint the deputy commissioner of revenue and other employees of that department. (d) The treasurer shall appoint the assistant treasurer and other employees of that department. (e) The school board shall appoint its employees. (f) The electoral board shall appoint its employees. (g) The city manager or his designee shall be the appoint- ing authority for all persons in the career service and supporting seasonal, temporary or part-time employees. (h) The city attorney shall appoint the prosecutor. Sec. 17-5.1. Bond Requirement. The city council may require any department head, elected official or other officer of the city to post a bond in such form, for such purposes and for such amount as the city council deems necessary to protect the interests of the city. Any such requirement shall be imposed by resolution of the city council setting forth the person to be bonded and the form, purposes and the amount of the bond. Sec. 17-6. Personnel Advisory Board Generally. (a) There is hereby created a personnel advisory board, hereinafter referred to as "the board." (b) The board shall be composed of three persons designated by the city council for three-year terms. Of the original 1985-21 -5- appointments, one term shall expire on June 30, 1975; one on June 30, 1976; and one on June 30, 1977; however, members shall remain in office until their successors are chosen. At the beginning of each fiscal year, the city council shall designate one member to serve as chairman of the board. Members shall serve without compensation. (c) The board shall be composed of qualified voters of the city who are in full agreement with the application of merit principles in public employment as enumerated in section 17-1. Members shall not, while serving, become candidates for elected office. (d) The board shall represent the public interest in the improvement of personnel administration in the city service and shall hear employee grievances as provided in section 17-12.1 and 17-13. (e) When the board is hearing an employee grievance, neces- sary clerical support will be provided by the city. (f) The personnel director shall coordinate all personnel advisory board hearings, shall be the custodian of all grievances reviewed by the personnel advisory board and shall maintain custody of all personnel advisory board records. Sec. 17-7. Recruitment and Selection. (a) Recruitment. Newly created or vacated positions in the career service may be filled by transferring a qualified employee from another position or by advertising the open position and selecting the candidate who is best qualified and most well- suited to fill the position. The appointing authority shall have the option of first advertising the position only to city employees to determine whether there are any qualified candidates already in the career service. Where competition for a position has been opened to all ~ersons and where city residents and nonresidents are equally lqualified for particular positions, the city residents shall receive priority consideration. Similarly, permanent employees shall be given preference over nonemployees when equally qualified. 1985-21 -6- (b) Tests of Fitness. Applicants may be required to take an examination to determine their capacity or fitness for a position. Examinations may include written, oral, physical or performance tests or any combination thereof. Waivers of eligibility for disability retirement benefits may be required for preexisting conditions discovered by any physical examination. However, waivers of disability benefits shall not be deemed to avoid the minimum physical standards required for any positions. (c) Probationary Period. Ail new career service employees are hired on a probationary basis for a period of one year. For police officers the probationary period shall be deemed to begin after completion of cadet training and after the cadet has been sworn as a police officer. This is a working test period in which the new employee must show that he is capable and willing to perform his job satisfactorily. During this period the employee has no grievance rights as provided for in subsection (e) of section 17-13. After sucessful completion of the proba- tionary period, the employee is entitled to the full benefits of a career service employee as provided by this chapter. Sec. 17-8. Consideration of Past Criminal Conduct of Applicant for Employment; Request for Criminal History Record Information. (a) In order to further the interests of public welfare and safety, the appointing authority may take into consideration of the past criminal conduct of any applicant for employment by the city whenever, in the opinion of the appointing authority, past criminal conduct of a person with a conviction record may be incompatible with the nature of the employment position for which application is being made. Information concerning an applicant's criminal record may be required on the employment application. Failure by the applicant to provide accurate and complete criminal record information shall constitute grounds for denial of the application or dismissal from employment if subsequently discovered. (b) history The city police department shall provide criminal record information relating to applications for 1985-21 -7- employment in the department of public safety and fire and rescue services. In addition, the city manager may designate, by administrative regulation, such other positions in the career service of the city for which it is in the interest of public welfare and safety that criminal history record information of applicants be obtained, and the city police department shall provide such information. The office of personnel shall institute proper procedures to insure against the unauthorized disclosure of information obtained pursuant to this subsection. (c) For purposes of this section "criminal history record information" shall mean records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal charges, and any disposition arising therefrom. The term shall not include juvenile record information as governed by chapter 11 of title 16.1 of the Code of Virginia, as amended, criminal justice intelligence informa- tion, criminal justice investigative information or correctional status information. Sec. 17-9. Position Classification Plan. (a) All positions in the career service shall be grouped together into classes and assigned a pay grade in accordance with the duties, responsibilities and qualification requirements. City Council shall adopt the position classification plan, however, the city manager may make limited revisions to the adopted plan in accordance with a reclassification policy adopted by council. (b) No person shall be employed in a position in the career service under any class title which has not been approved by the city manager. No position shall be filled other than on a temporary basis of not more than six months by any person who does not meet the qualification requirements for that position as set forth in the class specifications which are a part of the position classification plan. (c) All classes shall be assigned a numerical grade which shall be used to determine the pay level of the class in accord- ance with section 17-10. The actual duties performed and the level of education, skill, judgment, experience, knowledge and 1985-21 -8- other qualifications required, are to be considered in ranking and classifying career service positions. Sec. 17-10. Employee Compensation. (a) ~ Plan. It shall be the responsibility of the personnel director to review the position classification plan periodically to ascertain whether it corresponds to existing conditions in the city service and to keep the class specifica- tions current and realistic. It is the responsibility of all department heads to inform the personnel director of any changed conditions in their respective departments which may affect class specifications and/or the position classification plan. The personnel director shall prepare and recommend to the city manager a pay plan in accordance with an annual review made. The city manager shall then review and recommend a pay plan to the city council. The city council shall adopt a pay plan simultaneous with the adoption of the annual budget. The city manager may adjust the pay plan during the year as necessary by a reclassification or a title change in conjunction with the continual review of revisions of class specifications and comparable salary information. The pay plan shall consist of two basic parts as follows: (1) A schedule of pay grades showing a minimum and maximum rate for each grade and such intermediate steps as are deemed necessary. (2) A list of all class titles showing the allocation of each class to the appropriate pay grade. (b) Normal Entrance Salary. New appointments shall normal- ly be made at the first step of the appropriate pay grade. However, appointments may be made above the minimum rate based upon the difficulty in filling the position or exceptional qualifications, subject to prior approval by the city manger. An annual report will be submitted to the city council in January which will include all appointments made above the minimum step during each quarter. (c) Within-grade Increase. The performance evaluation serves as a basis for each step or within-grade increase. 1985-21 -9- Increases within each pay grade shall normally be made after one year in pay steps A through F; two years in step G; and three years in steps X and y. These increases are not automatic or guaranteed; an employee's work must be continually of a high quality and rated at least "satisfactory', or "meets standards" by his department head and the city's performance rating form in order for the employee to be eligible for a within-grade increase. The annual performance evaluation that includes within-grade increases must be made in accordance with the existing administrative regulations. (d) Effective Date. Pay increases shall normally become effective at the beginning of the payroll period which includes the employee's anniversary date. This is exclusive of general across-the-board adjustments. (e) Promotions, Reclassifications, Transfers, Demotions. (1) Promotions. A promotion that involves at lease a two-grade increase shall be made in such a manner that the employee receives a salary increase equivalent to at least two steps in his prior salary range, provided that the salary cannot go above the maximum or below the minimum for the specific grade. A promotion involving a change in grade of only one grade shall be made in such a manner that the employee receives a salary increase equivalent to at least one step in his prior salary range, provided that the salary cannot go above the maximum or below the minimum for the specific grade. The city manager may authorize an increase of more than one or two steps if necessary in order to attain internal pay equity. A one-year probationary period is mandatory with each promotion. When an employee has been promoted and does not meet department work standards in the higher class, he may be demoted prior to the end of the probationary period to a 1985-21 position in a class of not less than the same pay level held prior to promotion. In such case, the employee's pay shall restored to the rate in effect prior to the promotion as though the promo- tion had not been granted. (2) Reclassifications. (a) Upon upward reclassification of a posi- tion, an incumbent shall receive a pay increase of at least one step in his prior salary range. (b) Upon downward reclassification of a position an incumbent shall be placed in the pay step in the new grade equal to or closest to his current rate of pay. If, however, the incumbent is earning a greater amount than the maximum rate for the new salary grade, he shall continue to earn the same salary plus a cost of living increase for a period of one full year but shall not be eligible for merit increases. After this one-year period the incumbent's salary shall revert to the salary to the same step he/she was previously in, only in the lower grade. For example, an individual in a grade 25, step G2 would be placed in a grade 18, step G2. (3) Transfers. Transfers can take place within a department, between departments, between positions of the same pay range, between positions of dif- ferent pay ranges, between positions of the same class or between positions of different classes. When a transfer occurs between positions of the same pay range, there will be no salary increase or decrease. If transfer occurs between departments, both department heads must agree to the transfer and sign the personnel action form, unless such action is made by the city manager. (4) Demotions. (a) An employee may be demoted at his/her own request to a position in a lower grade if it 1985-21 is determined that the employee is qualified to perform the duties and responsibilities of the lower classification. An employee who is demoted shall be reduced to the maximum rate for the new classification or shall continue at the same pay rate, whichever is lower. (b) The salary of an employee demoted for disciplinary reasons shall be reduced by five or ten percent in salary or as deemed appropriate by the city manager. (f) Overtime Work. Employees that are subject to the overtime provisions of the Fair Labor Standards Act who perform necessary and/or assigned overtime work shall have their schedules adjusted within the same work period to compensate for the overtime work on an hour for hour basis or shall receive overtime pay, as determined by the department head. Overtime pay shall be at the rate of one and one-half times the regular rate of pay. Career employees must work necessary and/or assigned overtime work as directed by their supervisor. All overtime pay must be approved by the appropriate depart- ment head and shall normally be limited to employees in pay grade 17 and below. Department heads, the city manager's personal staff, and any other employees in pay grades 18 and above shall not be eligible to receive overtime pay except with the prior approval of the city manager. Such employees who perform neces- sary work beyond their normal working schedule, may, however, receive compensating time off on a limited basis and at the discretion of the department head. Overtime pay or compensating time off may be received only for work that is done on a mandatory basis before or after regularly scheduled business hours. It cannot be earned by foregoing a lunch hour unless working through the lunch hour is required by the employee's supervisor. Employees, other than police officers and firefighters, who are covered by the overtime provisions of the Fair Labor Standards Act shall receive overtime pay for any time over forty 1985-21 -12- hours which they are required to work within a seven-day work period. The maximum number of regular hours and duration of the work period for police officers and firefighters shall be estab- lished by the city manager. When a holiday, as set forth in subsection (a) of section 17-12, falls on the normal day off of an employee who works on a rotating shift, the employee shall be given an extra day's pay (eight hours) for that pay period. Additional pay or compensating time off will be allowed for stand-by duty as outlined in administrative regulation 7-13, as it may be amended from time to time. (g) Premium Pay. The normal pay for a position may be supplemented in certain cases because of unusual working conditions not common to all positons in the class or for educational attainment or special skills when determined by the city manager to be in the best interest of the city with the approval of the city council. EmployeEs who are designated to fulfill, on a temporary basis, the responsibilities of a position with a higher pay classification may be awarded, at the discretion of the city manager, a temporary pay increase for such time as they occupy the "acting" position. (h) ~mer~ency Duty Cg~pensation. Employees scheduled on stand-by emergency duty shall receive compensation in accordance with adminstrative regulation 7-13 as it may be amended from time to time. The departments of police and fire and rescue services utilize stand-by or call-back emergency duty as the need arises. (i) ~mployee Benefits. Other compensation may be provided to employees in the form of employee benefits as approved by the Such benefits shall include, but are not limited life insurance and various forms of health city council. to, retirement, insurance. The city will be responsible for the funding of following benefits for career full-time employees as follows: (1) Conventional health insurance: Employee: 85 percent. Employee/one child: 75 percent. Family: 75 percent. (2) Employee life insurance: 100 percent. the 1985-21 -13- (3) Short-term disability insurance: 75 percent. (4) Long-term disability insurance: 100 percent. (5) Accidental death and dismemberment insurance: 100 percent. (6) Educational tuition assistance in accordance with administrative regulation 7-1. Full-time career employees must participate in two mandatory retirement systems plus social security. Employees will participate as follows with the city funding its share as adopted annually in the budget. (1) City retirement - General employee share one and one-half percent for employees hired on or before March 31, 1983, and one percent for employees hired on or after April 1, 1983. (2) City retirement - Public safety employee share five and one-half percent for employees hired on or before March 31, 1983, and three and one-half percent for employees hired on or after April 1, 1983. (3) Virginia supplemental retirement system - The city pays the entire contribution. (4) Social Security - All employees will contribute the percentage as established by law. Part-time employees will be eligible for health insurance bene- fits at the group rate to the city. (J) Cash Awards/Incentive Pro~ra~. Employee compensation may be supplemented by cash awards for outstanding performance. The basis for such awards may be any one or more of a variety of reasons, such as continual work excellence above the call of duty; superior work in handling an event, incident or special project; an act of heroism; the contribution of an idea that has increased efficiency. Nominations for awards may be submitted by any person but such nominations should be processed through department heads to the city manager for recommended approval or disapproval of the nomination. The recommendations for awards shall become a permanent part of the employee's personnel file whether approved or disapproved. The incentive program will allow department heads to recommend employees whose sustained job 1985-21 -14- performance warrants recognition for cash bonuses. The awards shall become effective upon approval by the city manager. Sec. 17-11. Separation. All separations of employees from positions in the career service shall be designated as a resignation (also to be used for retirement), lay-off, dismissal, disability or death. (a) Resignations. To resign in good standing an employee must notify his department head at least two weeks before leaving. The resignation notice should be in writing and state the reasons for leaving. A copy of the resignation shall be sent to the personnel department. Failure to give adequate notice will be made a part of the employee's personnel record. The employee is entitled to an exit interview which will be reviewed by the personnel director, city manager and department head and will not become a part of the personnel file. (b) Lay-q~f. An involuntary separation not involving delinquency, misconduct or inefficiency shall be considered a lay-off. When it becomes necessary to reduce the working force in a department or division thereof, because a position has been abolished or when there is a reduction in force due to lack of funds or lack of work, employees may be laid off on the basis of length of service and their relative proficiency in skills needed by the city. Employees shall be notified in writing by the city manager at least two weeks prior to the effective date of the lay-off. Sec. 17-12. ~olidays and Leave. (a) Holidays. The following holidays shall be observed by the city and shall be granted to all employees without charge to leave: New Year's Day: January 1. Lee-Jackson-King Day: Third Monday in January. Washington's Birthday: Third Monday in February. Spring Holiday: Friday before Easter. Memorial Day: Last Monday in May. Independence Day: July 4. Labor Day: First Monday in September. Columbus Day/Yorktown Day: Second Monday in October. Thanksgiving Day: Fourth Thursday in November. Day after Thanksgiving: Fourth Friday in November. Christmas Eve: One-half day on December 24. Christmas Day: December 25. Inauguration Day: January 20 (every fourth year). 1985-21 -15- The city manager may substitute another day as a holiday in lieu of one of the days listed above. Holidays falling on Saturdays or Sundays shall be taken on Fridays or Mondays, respectively. Compensatory leave or overtime pay shall be granted for work done on holidays as provided in subsection 17-10(g) and subsec- tion (d) of this section. Employees in regular part-time positions working ten hours or more each week shall (at the discretion of the city manager) be paid for holidays in proportion to hours scheduled to be worked in the week in which a holiday falls. (b) Annual and Sick Leave. The city grants annual and sick leave as more particularly set forth hereinafter: (1) Annual Leave. After a minimum of six (6) months of continuous service with the city, annual leave shall be granted full-time employees for vaca- tions, emergencies and other personal uses. The employee will be credited with leave accumulated from the date of employment. Annual leave shall be accrued at the follow- ing rates for full-time employees: With less than three years' service, employee earns four hours' leave per pay period. After three years service but with less than fifteen years service, employee earns six hours leave per pay period. With fifteen or more years' service, employee earns eight hours' leave per pay period. Except in cases of illness or emergencies, leave must be approved in advance. The minimum leave increment is one-half hour. Due to the hours of work in the fire and rescue services, individuals who work other than a forty-hour schedule will take leave on a prorated basis in accordance with administrative regulation 7-2 as may be amended from time to time. Each full-time 1985-21 (2) -16- employee can accrue up to two hundred and forty hours' annual leave or up to the number of hours of annual leave which that employee had accrued as of October 20, 1975, whichever is greater. This will be implemented in accordance with current administrative regulation 7-2. The intent of annual leave is to provide employees with adequate time for a vacation from the work area and receive rest and relaxation. Each full-time employee can carry over an accrued annual leave balance up to said maximum accrued annual leave from year to year during continuous service. The personnel department shall deduct annual leave in excess of said maximum annually effective with the first complete pay period of January each year. Upon separation or retirement, a full time employee with over six months' continuous service shall be paid for all accrued annual leave as defined hereinabove in the manner set forth hereinafter. Up to a maximum of two hundred and forty hours' accrued annual leave shall be paid on the basis of one hour for each hour of annual leave accrued. Accrued annual leave in excess of said maximum shall be paid on a ratio of one hour for each two hours accrued, only to employees who had an excess of two hundred and forty hours of annual leave as of October 20, 1975. Sick Leave. Sick leave shall be accrued by full time employees on a basis of four hours for each two-week pay period, the minimum leave increment is one-half hour. Part-time employees who work ten hours or more each week shall (at the discre- tion of the city manager) accrue sick leave on a proportionate basis in accordance with the number of hours worked. Those working fewer than ten 1985-21 -17- hours each week shall not be eligible for this benefit. The minimum leave increment is one-half hour. Sick leave may not be used at the same time an employee is on the short-term disability program. The employee may use sick leave or short-term disability insurance for nonwork- related illness/injury when eligible. It is the policy of the city to grant sick leave to employees for illness or injury of sufficient seriousness to prevent the employee's attendance for duty; or for required physical, optical or dental examination and treatments. Illness of a spouse or children may warrant usage of sick leave at the discretion of and approval by the department head. One to four days of sick leave may be granted by the department head for a death in the immediate family of an employee. Sick leave should be granted only for the actual time the department head determines is necessary (i.e., distance of funeral, etc.). Any excess over four days for a death must be used as annual leave. Sick leave is only to be used when actually warranted. When there is reason to believe sick leave is being abused, a licensed physician's certificate or written explanation may be required from the employee by his supervisor, his depart- ment head or the city manager for the period of absence. In each case in which an employee is unable because of personal injury or illness to report to duty, it shall be his responsibility to inform, or have someone inform, his responsible supervisor prior to the time he is due at work on the initial day of his incapacity. Failure to inform the 1985-21 -18- responsible supervisor, without reasonable extenu- ating circumstances, shall result in the absence being classified as unauthorized leave. No payment will be made for accrued sick leave upon separation of full time employees from the city service. However, sick leave will be credited towards service for retirement in days and months (after the initial retirment service requirement has been met); for every one hundred and seventy-three hours an employee will be given one month and for every eight hours, one day. (c) Educational Leave. An employee may be granted educa- tional leave for the purpose of taking courses directly related to his work. Whether or not such leave will be granted, the duration of such leave and whether such leave shall be with or without pay or with partial pay shall be at the discretion of the city manger and shall involve considerations such as work load, availability of funds, appropriateness of courses and other case-by-case considerations. In all cases where management directs employees to take education and training during regular working hours, the city will continue their salary and assume all reasonable costs. Normally, the granting of educational leave has the condi- tion of return to work after a specified period of no more than one year and returning to the same position at the termination of leave; however, educational leave for a longer period may be granted with the condition that the city would not guarantee return to the same position but would offer the employee the first appropriate employment opportunity. (d) Disability Leave. It is the intent of the city to provide for employees suffering an injury or illness directly related to and arising out of the course of employment with the city. Permanent or probationary employees who are disabled in ~he line of duty shall receive full pay with no charge to leave ,ith pay accruing from the first day of disability, not to exceed six calendar months. Such leave can be authorized only after the 1985-21 -19- personnel department has received an employees' first report of accident. A temporary employee shall be paid in accordance with the provisions of the Virginia Workers' Compensation Act. (e) Administrative Leave. (1) The city manager may excuse employees from duty for short periods of time with pay and without charge to leave. Examples would be extreme weather conditions, disaster and days of national mourning or celebration. (2) Where unusual circumstances preclude an employee from fully or satisfactorily fulfilling the duties of his position, he may be placed on administra- tive leave. Such leave may be with or without pay, for periods of time not to exceed ninety calendar days on any single occasion and during such leave the city will continue to make its normal contributions towards the cost of any insurance program in which the employee is enrolled. (If leave is without pay, the employee will be responsible for his share of insurance contributions.) Only the city manager may approve this leave and then only after consideration of the recommendation of the department head. (f) Military and Civil Leave. (1) Employees who are members of the organized reserve forces of any of the armed services of the United States, national guard or naval militia shall be entitled to leaves of absence from their respec- tive duties, wihout loss of seniority, accrued leave or efficiency rating, on all days during which they shall be engaged in annual active duty for training, or when called forth by the governor pursuant to state law. There shall be no loss of pay during such leaves of absence, not to exceed fifteen working days per calendar year. When relieved from such duty, such employees shall be 1985-21 -20- restored to positions held by them when ordered to duty. Any career service employee with permanent status who leaves the city to enter the active service of the armed forces of the United States during time of war shall be placed on military leave without pay, such leave to extend through a date ninety days after the expiration of the period of service. (2) Employees desiring to vote in an election for national, state or local office shall be granted time off for a reasonable amount of time at the beginning or end of their regularly schedule work day, not to exceed two hours. (3) Employees will be granted leave for any absence necessary for serving on a jury or attending court as a witness under subpoena. The city will supplement the compensation paid for performing jury duty to assure that its employees receive no less than their normal rate of pay. (g) Leave Without Pa~. An employee may be granted leave without pay for a period of up to one week at the discretion of the appropriate department head. An employee may be granted leave without pay by the city manager for a period in excess of one week but not to exceed one year. An employee on leave without pay during a portion of a pay period shall earn leave with pay in proportion to the time worked during the pay period calculated to the nearest hour. Leave without pay shall only be granted after an employee's leave balances of compensatory, annual and/or sick leave, as appropriate, have been reduced to zero. Leave without pay shall be granted only when it is in the best interests of the city to do so. The interests of the employee shall be considered when he has shown by his record to be of more than average value to the city and when it is desira- ble to retain the employee even at some sacrifice. 1985-21 -21- At the expiration of leave without pay, the employee shall be reinstated in the position he vacated or in any other vacant position in the same class. Credit toward annual and sick leave shall not be earned during leave without pay, nor shall an employee be paid for holi- days while on leave without pay. If leave without pay immediately follows or precedes a holiday, there will be no compensation or compensatory leave granted for the holiday. A leave without pay shall not constitue a break in service, unless it exceeds thirty consecutive regularly scheduled working days. At that point, a break in service shall occur for service time credit for retirement purposes, for qualification for benefits of life insurance and for performance evaluation purposes. If the break in service exceeds thirty days and is during the probationary period, the probationary period will be extended for the same period of time as was the break in service. Failure on the part of the employee to report to work at the expiration of leave without pay may be cause for dismissal. (h) Unauthorized Leave. An employee who is absent from duty without approval shall receive no pay for the duration of the absence and shall be subject to disciplinary action. In the absence of disciplinary action, an employee who is on unauthor- ized leave for three consecutive days shall be separated for the payroll. However, the employee shall be reinstated if there were extenuating circumstances which made it impossible for him to notify his supervisor in regard to his absence. An employee on unauthorized leave shall not earn leave for the pay period in which such leave occurs. (i) Maternity Leave. Employees may use sick leave, annual leave, compensatory leave or leave without pay during periods of maternity. Employees covered by short-term accident and sickness insurance may also utilize it for maternity. Only that period of absence during which the employee is certified by a physician to be disabled immedately prior to and following delivery may be charged to sick leave. Employees will be required to provide a 1985-21 -22- physician's certification and must return to work in accordance with physician's certification unless other leave has been approved. Approval must be received from the department head to extend leave beyond that authorized by the physician. Sec. 17-12.1. Procedural Guarantees for Law Enforcement Officers. The procedures established pursuant hereto shall apply to all nonprobationary law enforcement officers in the city police department. (a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: Chief of Police: The chief of the city police department. ~tment: The city police department. Investigating officer: An officer designated by the chief of police to investigate matters which could lead to the dismissal, demotion, suspension or transfer of an officer for disciplinary reasons. Officer: A person who, in his official capacity, is authorized by law to make arrests and who is a nonprobationary member of the department. (b) Conduct of Investigation. Whenever an investigation by the department focuses on matters which could lead to the dismissal, demotion, suspension or transfer of an officer for disciplinary reasons, the following procedures shall be complied with: (1) Any questioning of the officer shall take place at a reasonable time and place designated by the investigation officer, preferably when the officer under investigation is on duty and at department headquarters, unless circumstances dictate otherwise. (2) Prior to the officer's being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be 1985-21 -23- present during the questioning, and (ii) the nature of the investigation. (c) Personal Assets of Officers. No officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures, including those of any members of his family or household, unless (i) such information is necessary in investi- gating a possible conflict of interest with respect to the performance of his official duties, (ii) such disclosure is required by law, or (iii) such information is related to an investigation. Nothing in this subsection shall preclude the department from requiring such officer to disclose any place of off-duty employment and where he may be contacted at such place of employment. (d) Notice of Charges. Before any dismissal, demotion, suspension without pay or transfer for disciplinary reasons may be imposed, the following procedures shall be complied with: (1) The officer shall be notified in writing of the charges, the basis therefor and the action which may be taken. (2) The officer shall be given an opportunity, within five calendar days after receiving the written notice provided for in paragraph (1) of this subsection, to respond orally and in writing to the charges, In making his response, the officer may be assisted by counsel at his expense. (3) The officer shall, within five calendar days after making a written or oral response to the charges, be notified in writing of the intention of the chief of police to take further action on the charges or to discontinue action thereon. (e) Election of Procedure. Whenever a dismissal, demotion, suspension without pay or transfer for disciplinary reasons has been imposed upon a law enforcement officer, the officer shall have the option of utilizing the personnel grievance procedure set forth in ~17-13 1985-21 -24- or proceeding as described below. The officer shall elect by which procedure he/she wishes to proceed and shall indicate the selection in the first written request for hearing or statement of grievance. An officer who fails to specify which procedure has been selected will be deemed to have selected the procedure (1) An (2) below. (f) officer who has been dismissed, demoted, suspended or transferred for disciplinary reasons and who elects to pursue the remedies afforded by this section shall, within ten days after receiv- ing written notice of such action, submit a written request for a hearing to the chief of police. If such request is timely made, a hearing shall be held no earlier than five calendar days but no later than fourteen calendar days following the date of the request, unless an earlier or later date is agreed to by the officer and the department. At the hearing, the officer and the department shall be afforded the opportunity to present evidence, examine and cross-examine witnesses. The department and the officer may be represented by legal counsel of their respective choice. The officer is solely responsible for payment of compensation to his attorney. The panel conducting the hearing shall rule on the admissibility of evidence. A stenographic or tape recording shall be made of the hearing; however, the expense of any transcription made from the record shall be borne by the party which requests it. The hearing shall be conducted by a panel com- prised of one member from within the department selected by the officer, one member appointed by the chief of police from within the department of at least equal rank with the officer but no more 1985-21 -25- than two ranks above the officer, and a third member from within the department to be selected by the other two members of the panel. In the event that the two members cannot agree upon their selection of a third member for the panel, the chief judge of the circuit court of Fairfax County shall choose the third member. (3) The recommendations of the panel, and the reasons therefor, shall be in writing and shall be tran- smitted promptly to the officer and to the chief of police. Such recommendations shall be advisory only, but shall be accorded significant weight. (g) Immediate Suspension. Nothing in this section shall prevent the immediate suspension without pay of any officer whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the department or the public, nor shall anything in this section prevent the suspension of an officer for refusing to obey a direct order issued in conformance with the department's written and disseminated rules and regula- tions. In such a case, the officer shall, upon request, be afforded the rights provided for under subsections (5) and (6). (h) Oral_Reprimand Not Prohibited. Nothing in this section shall be construed to prohibit the informal counseling of an !officer by a supervisor in reference to a minor infraction of policy or procedure which does not result in disciplinary action being taken against the officer. Sec. 17-13. Discipline and Grievances. (a) ~overa~e of Personnel. Covered by the grievance proce- dure are all permanent employees in the career service of the city, including employees of constitutional officers if such officers have concurred in the use of this procedure. Excluded from the procedure are probationary employees, department heads and those law enforcement officers who have elected to proceed in accordance with the provisions of subsection (f) of section 17-12.1 in resolution of their grievances. (b) Disciplinary Action. Disciplinary action may be taken as a result of unsatisfactory job performance or behavior. The 1985-21 -26- following kinds of disciplinary measures may be imposed, depend- ing upon the circumstances: Oral admonishment, official reprimand, suspension, demotion, transfer, reduction in pay or dismissal. (c) Authority to Discipline. A supervisor has the respon- sibility for oral admonishment and official reprimands and for recommending other action. A department head may suspend an employee up to a maximum of ten working days and must notify the office of personnel of the suspension. Suspension for a longer period, reduction in pay, dismissal, demotion and transfer request must be approved by the city manager. The city manager may delegate the authority to approve such disciplinary actions to the assistant city manager or the director of administration. (d) Notification. An employee shall be given written notice before any disciplinary action, other than oral admonish- ment or official reprimand, is executed. Disciplinary action, other than oral admonishment or official repirmand,~ which is the result of unsatisfactory behavior may be effected immediately upon giving written notice of such disciplinary action to the employee. Disciplinary action, other than oral admonishment or official reprimand, which is the result of unsatisfactory work performance will not be effected until a second written notice of such action is given the employee. No writen notice shall be required prior to effecting an oral admonishment or official reprimand. The official personnel file of each employee shall be available for his inspection during normal working hours. Copies of written reprimands shall be submitted to the personnel department and shall be made a part of the employee's official personnel file. (e) Grievances. The city grievance procedure is designed to ensure that employees have an effective means by which their grievances may be fairly and objectively reviewed. The procedure provides a mechanism for employees to address grievances and should not be substituted for the chain of command. (1) Definition. A grievance is a complaint or dispute by an employee relating to his employment, ~ mmmm~ 1985-21 (2) -27- including (i) disciplinary actions involving dismissal, demotions and suspensions; (ii) concerns regarding the application or interpretation of personnel policies, procedures, rules and regulations; (iii) acts of reprisal as the result of utilization of the grievance procedure or of participation in the grievance of another city employee; and (iv) complaints of discrimination on the basis of race, color, creed, sex, political affiliation, age, handicap or national origin. Complaints shall be nongrievable where they involve (a) establishment and revision of wages or salaries, position classifications or general benefits; (b) 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; (c) the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (d) failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; (e) the methods, means and personnel by which such work activities are to be carried on; or (f) dis- charge, layoff or suspension from duties because of lack of work, reduction in work force, or job abolition, or (g) management rights as listed in section 17-13(g). Wages, salaries and fringe benefits are not grievable matters unless the grievance alleges unfair treatment as a result of matters covered in (iii) and (iv) above. Determination of a grievance. Decisions regarding whether a matter is grievable shall be made by the city manager at the request of the grievant or the city, and the decision shall be made within ten days of receipt of a written request. The city 1985-21 -28- manager may delegate the responsibility for determining issues of grievability to the director of administration or the assistant city manager. A copy of the ruling shall be sent to the grievant and the head of the employing department. Decisions of the city manager may be appealed by the grievant to the circuit court of the county for a hearing de novo on the issue of grieva- bility. Proceedings for review of the decision of the city manager shall be instituted by filing a notice of appeal with the city manager within ten days after the date of the decision and giving a copy thereof to all other parties. Within ten days thereafter, the city manager shall transmit to the clerk of court a copy of the decision of the city manager, a copy of the notice of appeal and any exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. The failure of the city manager to transmit a record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the city manager to transmit the record on or before a certain date. Within thirty days of the receipt by the clerk of the court of the records, the court, sitting without a jury, shall hear the appeal on the record transmitted by the city manager and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decision of the city manager or may reverse or modify the decision. Such determination of grievability 1985-21 -29- (3) shall be made subsequent to the reduction of the grievance to writing but prior to the hearing before the personnel advisory board as hereinafter provided. The issue of grievability shall be decided prior to the hearing before the board or it shall be deemed to have been waived. Grievance procedure. Employee grievances, whether by an individual or group of employees, shall be processed as follows: (a) Step one. A grievance must be raised within ten work days after the event giving rise to the grievance, or within ten work days follow- ing the time when the employee reasonably should have known of its occurrence. The grievant shall discuss the matter with his immediate supervisor who shall attempt to adjust the matter and must respond in writing within three work days. (b) ~tep two. If the grievance is not settled by the immediate supervisor to the satisfaction of the grievant, he may present his grievance in writing, through his immediate supervisors, to the appropriate department head within five work days after the decision of the supervisor. The department head shall hear the appeal within five work days of receipt of the appeal. At this stage, only the grievant, his immediate supervisor and appropriate witnesses for both sides may be present. The department head shall render his decision in writing within five work days after this hearing. If the immediate supervisor is the department head, steps one and two shall be consolidated into a single step. (c) Step three. If the grievant is not satisfied with the decision of the department head, he may file a written appeal to the city manager within seven work days of the decision of 1985-21 -30- the department head, who shall hear his appeal within seven work days of receipt of the written appeal and render a decision within five work days after the hearing. The city manager may delegate to the director of administration or the assistant city manager the responsibility for hearing and deciding appeals from the department heads, except where the grievant is an employee of the depart- ment of administration. At this stage the grievant may have present a representative of his choice. If the grievant is represented by legal counsel, the city manager may elect to have the city attorney present. (d) St~ four. If the grievant is not satisfied with the decision of the city manager, he may file a written appeal to the personnel advisory board within ten days of notification by the city manager of his decision, and the person- nel advisory board shall hear the appeal. (e) Step five. The hearing before the personnel advisory board shall be conducted in accordance with the rules of conduct and procedure for such hearings as may be promulgated by the board from time to time. Both the grievant and the city may call upon witnesses and be repre- sented by legal counsel or other representatives. The board shall hear the appeal within twenty days after receipt of the written appeal and submit its decision to the city manager within five days of the hearing. If, due to extenuating circum- stances, the board cannot schedule the hearing within twenty days, the grievant will be informed in writing of the reason for the delay and when he can expect the hearing to be scheduled. If the board decides that a disciplinary action resulting in a loss of pay was unjust, the employee shall be reimbursed for lost pay to the extent determined by the board. 1985-21 -31- The decision of the board shall be final and binding and shall be consistent with provisions of law and written policies. Either party may petition the circuit court for an order requiring implementation of the panel decision. (4) Form of grievance. Except for step one, all stages of the grievance shall be in writing on forms supplied by the city. Once the employee has reduced his grievance to writing, he must specify on the appropriate form the specific relief he expects to obtain through the use of the grievance procedure. (5) Waiver of Time Limitations. By agreement of the parties, any or all of the time limitations established in this grievance procedure may be extended. (f) Compliance With Grievance Procedure. The failure of either party to comply with all substantial procedural require- ments of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided that the party not in compliance fails to correct the non-compliance within five work days of receipt of written notification by the other party of the failure to comply. Notification by the grievant shall be made to the city manager. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. (g) Management Rights. Nothing in this section shall circumscribe or modify the existing management right of the city to (i) direct the work of its employees as well as establish and revise wages, salaries, position classifications and general employee benefits; (ii) promote, transfer, assign and retain employees with the city; (iii) maintain the efficiency of governmental operations; (iv) relieve employees from the duties of the city in emergencies; and (v) determine the methods, means and personnel by which operations are to be carried on." 1985-21 -32- Sec. 17-14. Political Activities. (a) All employees of the career service shall be protected against any unwarranted infringement on their rights as citizens of the United States to vote as they choose, to express their opinions and to join any legitimate political organization whose purposes are not inconsistent with their loyalty to the United States. (b) It shall be unlawful for any official in the service of the city to reward or to discriminate against any applicant for a position or any employee because of his political affiliations or political activities as permitted by this section. (c) No special consideration shall be given to any endorsements or recommendations from any national, state or local political party or officer thereof in making appointments, promotions or dismissals in the career service. (d) No employee in the career service shall take an active rol in any campaign on behalf of a candidate for a city office. (e) No employee of the city shall take part in soliciting any assessment, subscription or contribution for any political organization from any employee in the career service. Sec. 17-15. Ethics. (a) Conduct. City employees are expected to discharge their duties conscientiously and to conduct themselves in a manner, both on and off the job, which will reflect favorably upon the city government. (1) Each employee will refrain from any use of his official position which is motivated by the desire for private gain for himself or other persons. He must conduct himself in such a manner that there is no suggestion of the extracting of private advantage from his city employment. (2) Each employee will exercise care in his personal financial activities to avoid any appearance of acting on the basis of information obtained in the course of performing his city duties. 1985-21 -33- (3) An employee will not use his city position in any way to coerce or give the appearance of coercing another person to provide any financial benefit to him or to other persons. (4) An employee will avoid any action which might result in giving preferential treatment to any organization or person, losing his independence or impartiality of action, or affecting adversely the confidence of the public in the integrity of the city government. (b) Gifts and gratuities. An employee shall not accept gifts, gratuities or loans from organizations, business concerns or individuals with whom he has official relationships on business of the city government. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed generally, nor to prohibit employees from obtaining loans from regular lending institutions. Any employee violating the provisions of this subsection shall be guilty of a class 3 misdemeanor. (c) Conflict of interests. Employees in the career service shall not engage in any employment, activity or enterprise which has been or may be determined to be inconsistent, incompatible or in conflict with the duties, functions or responsibilities of their city employment. An employee who desires to accept outside employment in addition to his regular city position must obtain the permission of his department head for such outside employment." BE IT FURTHER ORDAINED that Sections 17-16 and 17-16.1 shall remain in full force and effect. This ordinance shall execution by the mayor. INTRODUCED: June ~, 195~_ PUBLIC HEARING:_Ju~v ADOPTED: Jul~ ~ !~ ATTEST: C5 take effect immediately upon its