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19861028 1986-45ORDINANCE NO. 1986-45 AN ORDINANCE AMENDING SECTIONS 17-2, 17-3, 17-5, 17-7, 17-9, 17-10, 17-12 and 17-13 OF CHAPTER 17, PERSONNEL, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA. BE IT ORDAINED by the Council of the City of Fairfax, Virginia, that Sections 17-2, 17-3, 17-5, 17-7, 17-9, 17-10, 17-12 and 17-13 of Chapter 17, Personnel, of the Code of the City of Fairfax be and hereby are amended as follows: 1. Amend the definition of "Department Head" in Section 17-2 by amending subsection (d) to read in its entirety as follows: "(d) Director of Community Development and Planning." Amend Section 17-3, subsection (a) , paragraph (5) , to read in its entirety as follows: "(5) The registrar, assistant registrars, and all election officials employed by the electoral board." Amend Section 17-5, subsection (f), to read in its entirety as follows: "(f) The electoral board shall appoint the general registrar and the officers of elections. The general registrar shall appoint the assistant registrars." ® Amend the first sentence of Section 17-6, subsection (b), to read in its entirety as follows: "(b) The board shall be composed of three persons who are not City employees appointed by the City Council for three-year terms, plus two alternates." Amend Section 17-6 by amending the designations of subsections "(d)", "(e)" and "(f)" to be subsections "(e)", "(f)" and "(g)" respectively and by adding a new subsection "(d)" to read in its entirety as follows: "(d) To insure an impartial hearing, any board member having a direct involvement with the grievance being heard by the board, or with the complaint or dispute giving rise to the grievance shall decline to participate in the hearing or decision of the grievance, and one of the alternates will serve in his 1986-45 -2- place. Furthermore, no board member who is related, by blood or marriage, to the grievant or any other participant in the grievance hearing or who is employed by or associated with any attorney involved in the subject matter of the grievance shall participate in the hearing or decision of the grievance. 6. Amend Section 17-7, subsection (b), to read in its entirety as follows: "(b) Tests of Fitness. In order to determine their capacity or fitness for a position, applicants may be required to take examinations which may include written, oral, physical and performance tests. Applicants for public safety positions may be required to take polygraph examinations. 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." 7. Amend the designation of subsection "(c)" of Section 17-7 to be subsection "(d)" and add a new subsection (c) to read in its entirety as follows: "(c) As a condition of employment, successful applicants may be required to execute agreements providing for continued compliance with City and/or departmental policies regarding job standards, such as physical fitness requirements and non-smoking requirements." 8. Amend Section 17-9, subsection (b), to read in its rety as follows: "(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, not to exceed six months, by any person who does not meet the qualification requirements for that position as set forth in the class specifications which are part of the position classification plan, except that the city manager shall have the authority to waive specific qualification requirements or extend the six-months limitation for temporarily filling a position, if he determines that such a waiver or extension is necessary to assure the performance of City functions and is in the best interests of the City." 9. Amend Section 17-9 by adding a subsection (d) to read n its entirety as follows: "(d) Any person who does not meet the minimum qualification requirements for a position may be employed for that position at a lower grade until the requirements are met." 1986-45 -3- 10. Amend Section 17-10, subsection (f), by adding the following paragraph after the first paragraph of this subsection to read in its entirety as follows: "Overtime pay 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." 11. Amend Section 17-10, subsection (f), by removing the last sentence in the existing second paragraph. 12. Amend section 17-10, subsection (f), by amending the existing fourth paragraph to read in its entirety as follows: "Overtime pay shall be granted for work done on holidays as provided in Section 17-12, subsection (a)." 13. Amend Section 17-12, subsection (a), by amending the first sentence to read in its entirety as follows: "( a ) H o 1 i~_a_~E. observed by the city: The following holidays shall be 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). 14. Amend Section 17-12, subsection (a) , by deleting the existing fourth paragraph in its entirety. 15. Amend Section 17-12, subsection (a) , by adding the following two paragraphs after the third paragraph of this subsection to read in their entirety as follows: "Ail full time employees shall receive eight hours of holiday pay for each holdiay except that those employees who work an average of fifty-six hours per week shall receive eleven hours of pay for each holiday. Hours paid for holidays shall not be counted towards hours worked for the purpose of calculating overtime. 1986-45 -4- Employees scheduled to work on a holiday who take off on sick or annual leave shall be charged with such leave, and their pay shall be calculated accordingly. 16. Amend Section 17-12, subsection (b), subparagraph (2), by amending the second sentence of the third paragraph to read in its entirety as follows: "The illness of a spouse or children, or the need to accompany children receiving preventative medical, optical or dental treatment, may warrant the use of sick leave if approved by the. department head who shall consider the needs of the department and the seriousness of the medical situation." 17. Amend Section 17-12, subsection (b), subparagraph (2) by amending the second sentence of the fourth paragraph to read in its entirety as follows: "When there is reason to believe sick leave is being abused, the employee's supervisor, his department head, or the city manager may require the employee to obtain a licensed physician's certificate or written explanation for the period of absence, or to go to a city contract physician for examination at the expense of the City." 18. Amend Section 17-12, subsection (f), paragraph (1), by amending the first and second sentences to read in their entirety as follows: "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 respective duties, without loss of seniority, accrued leave or efficiency rating, on all days during which they are engaged in federally-funded military training duty, or when called forth by the governor pursuant to state law. There shall be no loss of pay during such leaves of absence, except that paid leaves of absence for federally-funded military training duty shall not exceed fifteen workdays per federal fiscal year." 19. Amend Section 17-12, subsection (f), paragraph (1), by amending the fourth sentence to read in its entirety as follows: "In accordance with federal law, 38 U.S.C. ~2021, et se~i, any career service employee with permanent status who joins or is drafted into active service in the military forces of the United States shall be placed on military leave, without pay, and shall be entitled to be restored to the same position vacated, provided application is made to the Director of Personnel Officer within ninety (90) days after an honorable discharge, and further provided that such employee is still qualified to perform the duties of the postion." 1986-45 -5- 20. Amend Section 17-12, subsection (i), by adding the following sentence to the beginning of the first paragraph: "An employee may request leave for her pregnancy or childbirth on the same terms and conditions as for other temporary illnesses." 21. Amend Section 17-13, subsection (1) (i), to read in its entirety as follows: (e) , subparagraph 22. Amend Section 17-13, subsection (e), subparagraph (2), by adding the following sentence after the third sentence of the fourth paragraph of that subsection: "The decision of the court appealable." 23. Amend Section 17-13, subsection (e), subparagraph (3) (a), by amending the last sentence in that subparagraph to read in its entirety as follows: "The grievant shall discuss the matter with his immediate supervisor who shall attempt to adjust the matter and must respond orally to the grievant within three work days." BE IT FURTHER ORDAINED that Chapter 17 shall remain in full force and effect except as specifically amended by this Ordinance. This ordinance shall take effect immediately upon its execution by the Mayor. INTRODUCED: 0ct0ber 14, 1986 PUBLIC HEARING: October 28, 1986 ADOPTED: October 28, 1986 ATTEST: is final and not "(i) disciplinary actions involving dismissal, demotions and suspensions, provided that dismissals shall be grievable whether resulting from formal discipline or unsatisfactory job performance;"