2016-14ORDINANCE NO. 2016-14
AN ORDINANCE AMENDING CHAPTER 66, ARTICLE I, OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, PERTAINING TO PERSONNEL MATTERS
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 66,
Article I, of the Code of the City of Fairfax, Virginia, pertaining to personnel matters, is
hereby amended to read in its entirety as shown on the attached Exhibit "A".
This ordinance shall become effective as provided by law.
This ordinance shall become effective as provided by law.
INTRODUCED: October 25, 2016
PUBLIC HEARING: November 8, 2016
ADOPTED: November 8, 2016
ATTEST:
i
/�
Votes
Councilmember DeMarco
Aye
Councilman Greenfield
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilmember Stehle
Aye
/ s Ale,, 2014
Date
ARTICLE I. - IN GENERAL
Sec. 66-1. - Purpose of chapter.
The purpose of this chapter is to provide for a system of personnel administration for the city based
on merit principles such as equitable compensation policies, open competition for appointment and
advancement, and equal employment opportunities. The personnel system is designed to ensure that
career service employees shall be appointed, promoted, demoted, transferred, disciplined, rewarded and
dismissed solely on the basis of merit and fitness and without regard to age, race, color, sex, religion,
national origin or because of a physical disability which will not interfere with the adequate performance of
duties.
(Code 1978, § 17-1)
Sec. 66-2. - Definitions.
For the purposes of this chapter, unless otherwise provided in this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
Anniversary date means the date which is used in determining an employee'seligibility
tenu e. The date of an employee's ori original a 1 Formatted: Strikethrough
advaneas On Pay aAd leave g 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.
Appointing authority means 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.
Board means the personnel advisory board.
City manager's personal staff means professional and technical staff immediately responsible to the
city manager and serving at his pleasure, including the assistant city manager.
Demotion means assignment of an employee from one Gass to another which has a lowerr►t
FeAe Of a a:: .
Department head. The following shall be referred to as department head:
(1) Director of finance.
(2) Chief, fire and rescue services.
(3) Director of community development and planning.
(4) Chief of police.
(5) Director of public works.
(6) Director of parks and recreation.
(7) Pi►eateFat Utilities.
(8) Assistant city manager.
(9) Director of information technology.
Any department head may be given the title of assistant city manager and the added responsibilities of
such position at the discretion of the city manager.
A Career Service Employee is a non -temporary employee.
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A Full-time employee is an individual regularly working on average at least 35 hours per calendar
week.
A Part-time employee is an individual who is paid on an hourly basis and is regularly employed. on
average less than 35 hours per calendar week as established by the city manager. Part-time employees
employed, on average, for at least 25 hours but not more than 35 hours per calendar week shall be entitled
to benefits as established by the city manager and/or state and Federal law. Part-time employees regularly
employed, on average, for fewer than 10 hours per calendar week shall not be eligible for benefits.
Seasonal Employees are individuals hired on a temporary basis whose work is seasonal in nature.
Seasonal employees may qualify for benefits, if provided by Federal law.
On-call employees will receive benefits commensurate with the number of hours, on average. worked.
FMLA means the Family and Medical Leave Act of 1993.
Health care provider means a doctor of medicine or osteopathy who is authorized to practice medicine
or surgery by the state in which the doctor practices; podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors (provided the treatment consists of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing
within the scope of their practice as defined under state law; nurse practitioners and nurse -midwives who
are authorized to practice under state law and who are performing within the scope of their practice as
defined under state law; and Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts.
Immediate family means relatives to include spouse, children, parents, brother, sister, grandparents,
mother-in-law or father-in-law, brother-in-law or sister-in-law; or other relatives living within the employee's
immediate home.
In loco parentis means those with day -today responsibilities to care for and financially support a child
or, in the case of an employee, who had such responsibility for the employee when the employee was a
child. A biological or legal relationship is not necessary.
Overtime work means 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 regulations as promulgated by the city manager from time to time.
Parent means for the purposes of subsection 66-13(g) only, the biological parent of an employee or
an individual who stood in loco parentis to an employee when the employee was a son or daughter. This
term does not include parents "in-law."
-- ----------- -------------------- individual whe is fe - - --- ---,le ------- - --
shed by the
d on
an heudy basis
Pay grade means a level in the pay schedule with a common pay range for all classes assigned
thereto.
Probationary period means 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 swom as a police officer after completion of recruit training.
Promotion means a change in status of an employee to a new position which has a higher pay grade.
Reclassification means the assignment of a higher or lower pay grade to a position or class of
positions.
Serious health condition
involves is an illness iniury impairment or physiad;r;�gnGl condition that involves inpatient care (defined
as an overnight stay in a hospital. hospice or residential medical care facility) or continuing treabnent by a
health care provider. Examples include the followings:
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(1) Any period of incapacity or treatment in connection with or consequent to inpatient care in a
hospital, hospice, or residential medical care facility;
(2) Any period of incapacity requiring absence from work, school, or other regular daily activities of
more than three calendar days, that also involves continuing treatment by (or under the
supervision of) a health care provider, or
(3) Continuing treatment by (or under the supervision of) a health care provider for a chronic or
longterm health condition that is incurable or so serious that if not treated, would likely result in a
period of incapacity of more than three calendar days or for prenatal care.
Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care
because of a mental or physical disability." For purposes of this definition:
(1) Incapable of self-care means that the individual requires active assistance of supervision to
provide daily self-care in several of the activities of daily living. Activities of daily living include
adaptive activities such as caring appropriately for one's grooming and hygiene, bathing,
dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills,
maintaining a residence, using telephones and directories, using a post office, etc.
(2) Mental or physical disability means a physical or mental impairment that substantially limits one
or more of the major life activities of an individual.
a. Major life activities means functions such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.
b. Substantially limits means unable to perform a major life activity that the average person in
the general population can perform, or significantly restricted as to the condition, manner or
duration under which an individual can perform a particular major life activity as compared
to the condition, manner, or duration under which the average person in the general
population can perform that same major life activity.
Spouse means a husband or wife as defined or recognized under state law for purposes of marriage,
including common law marriage.
_wyou tly t U_. Formatted: Strikethrough
Work period means 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 28 consecutive calendar days as established by the city manager through administrative
regulations.
(Code 1978, §§ 17-2, 17-5, 17-6, 17-12)
Cross reference—Definitions generally, § 1-2.
Sec. 66-3. - 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 assistants appointed directly by the council.
(2) All other elected officials including constitutional officers and employees appointed by them.
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(3) Members of boards and commissions.
(4) The city manager and superintendent of schools and city clerk.
(5) The general registrar, deputy registrar, assistant registrars, and all officers of election employed
by the electoral board.
(6) All persons appointed on a contractual or fee basis.
(7) Temporary employees.
(8) All others 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.
(Code 1978, § 17-3)
Sec. 66-4. - 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 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.
(Code 1978, § 17-4)
Sec. 66-5. - Appointing authority.
The appointing authorities for the city are as follows:
(1) The city council shall appoint the city manager, the city clerk, the city attomey, boards and
commissions.
(2) The city manager shall appoint department heads with the concurrence of the city council.
(3) The commissioner of the revenue shall appoint the deputy commissioner of the revenue and other
employees of that department.
(4) The treasurer shall appoint the deputy treasurer and other employees of that department.
(5) The school board shall appoint its employees.
(6) The electoral board shall appoint the general registrar and the officers of election. The general
registrar shall appoint the deputy registrar and assistant registrars.
(7) The city manager or his designee shall be the appointing authority for all persons in the career
service and supporting seasonal, temporary or part-time employees.
(8) The city attorney shall appoint the prosecutor.
(Code 1978, § 17-5)
Sec. 66-6. - 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
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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.
(Code 1978, § 17-5.1)
Charter reference— Enforcement of surety bonds, § 13.1.
Sec. 66-7. - Personnel advisory board generally.
(a) There is created a personnel advisory board.
(b) The board shall be composed of three persons who are not city employees, appointed by the city
council for three-year terms, plus up to two alternates. 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 66-1. Members shall not,
while serving, become candidates for elected office.
(d) To ensure 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 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.
(e) 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 66-14 and section 66-16.
(f) When the board is hearing an employee grievance, necessary clerical support will be provided by the
city.
(g) 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.
(Code 1978, § 17-6)
Cross reference— Boards and commissions, § 2-211 et seq.
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(Code 1978, § 17-7)
Sec. 6618- -,Consideration of past criminal conduct of applicant for employment; request for criminal
—-------------.
history.
(a) In order to further the interests of public welfare and safety, the appointing authority may take into
consideration the past criminal conduct of any applicant for employment by the city whenever, in the
opinion, of the appointing authority, in the interest of public welfare or safety, 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 applicants criminal record may be
required on the employment application. Failure by the applicant to provide accurate and complete
criminal record information or to execute any consent forms required by law shall constitute grounds
for denial of the application or dismissal from employment if subsequently discovered.
(b) The city police department shall check criminal history record information relating to applications for
employment in criminal justice positions. In addition, the city manager may designate, by administrative
regulation, such other positions in the city for which it is in the interest of public welfare and safety that
a Virginia criminal history record information of applicants be obtained, and the city police department
shall check and provide such information to the head of the department of personnel as provided by
all applicable law.
(Code 1978, § 17-8)
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Sec. 6618:1. -State and national criminal background checks of certain persons en�aged_in City of {Formatted: Strikethrough
Fairfax local employment (government services) as determined by the City Council of the City of Fairfax,
Virginia, as designated in the schedule of City of Fairfax employment positions requiring background
checks.
(a) This ordinance is enacted pursuant to Code of Virginia, Section 15.2-1503.1, and in the interest of
public welfare and safety, and as otherwise permitted by law, to regulate the employment, either paid
or volunteer, of those engaged in specific City of Fairfax local government employment positions,
whether paid or volunteer, designated in the schedule of City of Fairfax employmenttvolunteer
positions requiring state and national background checks. The schedule referenced in the preceding
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sentence of this subsection 66-9.1(a) shall be promulgated and amended from time to time by the City
Manager of the City of Fairfax, Virginia.
(b) An applicant, employee, or volunteer seeking to engage in City of Fairfax local government
employment, for a position set forth on the schedule described in subsection 66-9.1(a), shall submit to
the City of Fairfax Department of Personnel, if required, two sets of his/her fingerprints taken by the
City of Fairfax Police Department together with any necessary paperwork required to conduct the
necessary checks.
(c) Upon receipt of the fingerprints, the City shall transmit both sets of fingerprints and appropriate fee(s)
to the Virginia State Police Central Criminal Records Exchange. The Virginia State Police Central
Criminal Records Exchange will compare the subjects fingerprints against its criminal file and (1) if no
disqualifying conduct is found, or (2) if necessary, submit the fingerprints to the Federal Bureau of
Investigation for a comparison with nationwide records. The results of the Federal Bureau of
Investigation check will be returned to the Virginia State Police Central Criminal Records Exchange,
which will disseminate the state and national results to the City of Fairfax Department of Personnel.
(d) The City of Fairfax Department of Personnel shall (1) render a fitness determination based upon the
results of the criminal background check, or (2) disseminate the results of the criminal background
check to the applicable City agency for a fitness determination.
(e) In rendering a fitness determination, the City of Fairfax Department of Personnel or other city agency
undertaking the determination will decide whether the record subject has been convicted of (or is under
pending indictment for) (i) a crime which bears upon his/her ability or fitness to serve in that capacity,
(ii) any felony or misdemeanor which involved force or threat of force, controlled substances, or was a
sex-related offense, or (c) enumerated disqualifiers as set forth from time to time by the city.
(f) A record subject may request and receive a copy of his/her criminal history record information from
the City of Fairfax Department of Personnel. Should the record subject seek to amend or correct his/her
record, the record subject must contact the Virginia State Police Central Criminal Records Exchange
for the Commonwealth of Virginia record or the Federal Bureau of Investigation for records from other
jurisdictions maintained in its file.
(g) Nothing in this ordinance shall be construed to alter any process that the City of Fairfax Police
Department uses in conducting law enforcement preemployment checks on police department
applicants.
(Ord. No. 2010-22, 9-14-2010)
Sec. 6699. - 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. The 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 titre 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-
month 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.
(c) All classes shall be assigned a numerical grade which shall be used to determine the pay level of the
class in accordance with section 664, 410. The actual dutiesperformed and the level of education, skill,
judgment, experience, knowledge and other qualifications required, are to be considered in ranking
and classifying career service positions.
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(d) Any person who does not meet the minimum qualification requirements for a position maybe employed
for that position at a lower grade until the requirements are met.
(Code 1978, § 17-9)
Sec. 66,110. - Employee compensation.
(a) Pay 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 specifications 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. The city manager
shall then review and recommend a pay plan to the city council. The city council shall adopt a pay plan
simultaneously 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 class specifications and comparable salary information. The pay plan shall consist of two
basic parts as follows:
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(1) A schedule of pay grades showing a minimum and maximum rate for each grade,7aa4-9det► ---- Formatted: Strikethrough
(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 normally be made at the jiFst-step minimum of_the _--_- Formatted: Strikethrough
appropriate pay grade. However, appointments may be made above the minimum rate based upon
the difficulty in filling the position or exceptional qualifications of the new employee, subject to prior
approval by the city manager or his designee. An annual report will be submitted to the city council in
January which will include all appointments made above the minimumfAep dwFing eaeh_ _ _ of the, Formatted: Strikethrough
pay grade in the previous calendar year.
(c) Within -grade increase. The performance evaluation serves as a basis for gash step a within -grade _-_---- Formatted:
Day increase. Increases within each pay grade shall normally be made after one year. jr► aay-ste p -_ _ _- _
These increases are not automatic or guaranteed; an Formatted:
employee's work must be continually of a high quality and rated at least; satisfesteFy" "commendable" _ __ - Formatted:
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. Within -grade oFay.increases shall normally become effective at the _beginning -of the -_-- Formatted: Strikethrough �
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. Promotional increases will be made in such a manner that the employee's new salary cannot
go above the maximum or below the minimum for the new grade.
b. An employee who is promoted from one position to a new position will receive pay increases
according to a sliding scale based on the number of pay grades increased through the
promotion.
Number of Grades
1
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2 orj more _____ I 396 far each additional Qrade up to a maximum of 7546_
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; �.–........ 1 ....... ---- ------ ---- ..... --am-1...... .... —.........
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c. In all cases, the new pay rate must at least be equal to the est sEeminimum of the new -------
grade. __ . Formatted: Strikethrough
___
will in all eases, be plaead On the seseRd ye8F ef the heldiRg step.
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d. The city manager may authorize additional pitep. increases if _necessary. in_ order -to_attain _--.- Formatted: Strikethrough }
internal equity.
e. A one-year probationary period is required with each promotion. However, the department
head with the approval of the city manager may reduce length of the probationary period
based upon the job performance of the employee. When an employee has been promoted
and does not meet department work standards in the higher Gass, he may be demoted prior
to the end of the probationary period to a position in a class of not less than the same pay
level held prior to promotion. In such case, the employee's pay shall be restored to the rate
in effect prior to the promotion as though the promotion had not been granted.
(2) Reclasslflcations.
a. Upon upward reclassification of a position, an incumbent shall receive a pay increase which
cannot go above the maximum or below the minimum for the new classification. Employees
whose position is reclassified from one pay grade to a higher pay grade will receive pay
increases according to a sliding scale based on the number of pay grades increased through
the reclassification.
Number of Grades % Increase
lerk.__ .............. . ...... . -. %
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¢ or more 3896 1.5%for each additional Qrade up to a maximum pf 1 --Formatted: Strikethrough
0,
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er'6 _-.,....... -------- I Formatted: Strikethrough
In all cases, the new pay rate must at least be equal to the
grade.
the new _ ---- Formatted: Strikethrough
Will ------' Formatted: Strikethrough
b. Upon downward reclassification of a position, an incumbent shall continue to be paid at their
current rate of pay. If the incumbent's salary is greater than the maximum of the new pay
grade they will continue to be paid at their current rate of pay and will be ineligible for any
pay increases until such time as a general structure adjustment will provide for an increase.
Page 9
ate of
- - - equal-- -- --
,be 131aeadIn- .pay. -' f Formatted: 5trikethrough
(3) Transfers. Transfers can take place within a department, between departments, between
positions of the same pay range, between positions of different pay far4es ra ade , between Formatted: Strikethrough 1
positions of the same class or between positions of different Gasses. When a transfer occurs
between positions of the same paypsrude there will be no. salary increaseordecrease. If Formatted: Strikethrough
transfer occurs between departments, both department heads must agree to the transfer and sign
the personal 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 is
determined that the employee is qualified to perform the duties and responsibilities of the
rma
lower classification and the demotion is for the good of the City. , __ _ _ - Fotted: Strikethrou9 h
— - No adjustment to the
employee's pay rate will be made for this type of demotion unless the employee's salary is
above the maximum of the new pay grade. In no event shall the employee's new salary be
above thepighest-step maximum o -�! thepay_grade of his/her_new classification. Formatted Strikethrough
b. The salary of an employee demoted for disciplinary reasons shall be reduced by fivep_F—W _ Formatted: Strikethrough
percent in salary or as deemed appropriate by the city manager. In no event shall the -
employee's new salary be above the maximum of the pay grade of his/her new classification. Formatted: Strikethrough
(f) Overtime work.
(1) Employees that are subject to the overtime provisions of the Fair Labor Standards Act who
perform necessary and/or assigned overtime work shall receive overtime pay, as determined by
the rules and regulations of the Fair Labor Standards Act. Overtime pay shall be at the rate of 1'/2
times the regular rate of pay. Career employees must work necessary and/or assigned overtime
work as directed by their supervisor. Flexible schedules and compensatory time may be granted
to a work group with the city manager's approval, providing all guidelines of the Fair Labor
Standards Act are adhered to for nonexempt employees.
(2) 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.
(3) All overtime pay for employees who are nonexempt under the Fair Labor Standards Act must be
approved by the appropriate department head. Department heads and the city manager's
personal staff who are classified as exempt from the Fair Labor Standards Act shall not be eligible
to receive overtime pay except with the prior approval of the city manager. Such employees who
perform necessary work beyond their normal working schedule may, however, receive
compensating time off on a limited basis and at the discretion of the city manager.
(4) Employees who are exempt under the Fair Labor Standards Act, excluding department heads,
may be eligible for additional compensation, based upon their regular hourly rate, for significant
amounts of work hours in excess of their normal work schedule as set forth in administrative
regulations.
(5) 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 40 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 established by the city
Page 10
manager. Overtime pay shall be granted for all work performed on holidays as provided in
subsection 66-13(a).
(g) Premium pay. The normal pay for a position, may be supplemented in certain cases because of
unusual working conditions not common to all positions in the Gass 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 thetcity council. Employees who are designated_to fulfill, on a temporary basis the responsibilities --_.
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of a position with a higher pay classification may be awarded, at the discretion of the city manager, a
- - --- --
temporary pay increases for such time as they occupy the acting position.
(h) Emergency duty compensation. Employees scheduled on standby emergency duty shall receive
compensation in accordance with administrative regulation 7-13 as it may be amended from time to
time. The departments of police and fire and rescue services utilize standby or call-back emergency
duty as the need arises.
A nonexempt employee who is required to be on-call and working hours in addition to regularly
scheduled hours, shall be compensated in accordance with state and Federal law and regulations.
(i) Employee benefits. Other compensation may be provided to employees in the form of employee
benefits asprev49e 1 apQroved and funded by the city_ council. Such benefits shall include, but are not -------
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limited to, retirement, life insurance and various forms of health insurance. The following benefits are
--
provided:. - --- ---------- ees
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(1) Health insurance: The city will offer basic health insurance coverage at the contribution rates as
determined by the council.
(2) Employee life insurance and accidental death and dismemberment insurance is provided to full-
time and part-time employeesi.
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(3) Short-term disability insuran is provide~ to fulhti em iqW . Formatted: Strikethrough
(4) Long -tern disability insuran ; -is �aroyidgd to futl-time employees. - . _ _ ---_-_--- Formatted: Strikethrough
- - - ------- --------- Formatted: Strikethrough
— - - - -
(56) Educational tuition assistance in accordance with administrative regulation 7-1 • when funded
(rte)_ Employee Assistance Progran}-#A9�erser#ieF is rovided to full-time and part-time employees. -
(78)_Flexible_t>_enefitproara_
part-time employees.
(8A)_ Retirement plans ---------------------- ----------
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.
retirement—General employee
City retirement—Public safety
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Virginia Retirement System— Employees contribute the amount set by the Virginia Retirement _ _
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Social Security All employees will contribute the percentage as established by law.
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Employees retiring under the city retirement plan are eligible for a one-time election at retirement to continue
coverage for health insurance with premiums paid in full by the retiree.
(j) Cash awardsAncentive program. 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 conditional 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. The incentive program will allow department
heads to recognize employees whose sustained job performance warrants recognition for cash
bonuses. This program will be administered through the current administrative regulation 7-14.
Performance awards for management employees . _ _ - - . 29,and hiAheF 29,will be administered by the city_
manager and become effective upon his approval.
(Code 1978, § 17-10)
State Law reference— Virginia Retirement System, Code of Virginia, § 51.1-124.2 et seq.
Sec. 66;1211. - Separation.
All separations of employees from positions in the career service shall be designated as a resignation,.
retirement. Jalse ja be used4of _ . _ _ . _ - -- Iay-qff,,termJnafi2aAieR4ss4 disability or death.
(1) Resignations. To resign in good standing, an employee must notify his department head at least
two weeks before leaving. The resignation notice shall be in A '
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.
(2) Layoff. An involuntary separation not involving delinquency, misconduct or inefficiency shall be
considered a layoff. When it becomes necessary to reduce the workfo r.. wwking fame 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 layoff.
(Code 1978, § 17-11)
Sec. 66.312. - Holidays and leave.
(a) Holidays. The following holidays shall be observed by the city:
New Year's Day: January 1.
Martin Luther King, Jr. Day: Third Monday in January.
George Washington's Day: Third Monday in February.
Memorial Day: Last Monday in May.
Independence Day: July 4.
Labor Day: First Monday in September.
Veterans Day: November 11.
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Thanksgiving Day: Fourth Thursday in November.
Day after Thanksgiving: Friday next following the fourth Thursday in November
Christmas Eve: One-half day on December 24.
Christmas Day: December 25.
The city manager may substitute another day as a holiday in lieu of one of the days listed above.
Holidays falling on a Saturday or Sunday shall typically be taken on a Friday or a Monday, respectively
All full-time employees shall receive eight hours of holiday pay for each holiday except that those employees
who work an average of 56 hours per week shall receive 11 hours of pay for each holiday. At the discretion
of the city manager, holiday pay may be suspended for all employees, a group of employees, or for
individual employees. Employees will be notified of any suspension of holiday pay by the city manager.
Hours paid for holidays shall be counted towards hours worked for the purpose of calculating overtime;
however, in calculating overtime for any work period, credit for hours paid for holidays during such work
period shall be reduced for each hour, or portion thereof, taken by an employee as other permitted leave
under this section.
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.
Employees in regular part-time positions working ten hours or more each week shall 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 in this
section as follows:
(1) Annual leave
a. After a minimum of six months of continuous service with the city, annual leave shall be
granted full-time employees for vacations, emergencies and other personal uses. The
employee will be credited with leave accumulated from the date of employment.
b. Annual leave shall be accrued at the following rates for full-time employees:
c. With less than three years service, employee earns four hours leave per pay period.
d. After three years service but with less than 15 years service, employee earns six hours leave
per pay period.
e. With 15 or more years service, employee earns eight hours leave per pay period.
f. Annual leave for regular part-time employees working ten hours or more each week shall
accrue on a proportionate basis up to four hours leave per pay period.
g. Except in cases of illness or emergencies, leave must be approved in advance, and
employees must provide reasonable notice to their leave request. Employees requesting
leave must complete an application for leave form. The minimum leave increment is one-half
hour for employees covered under the Fair Labor Standards Act. Due to the hours of work
in the fire and rescue services, individuals who work other than a 40 -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 employee can accrue up to 300 hours of annual
leave. This will be implemented in accordance with current administrative regulation 7-2.
h. The intent of annual leave is to provide employees with adequate time for a vacation from
the work area and receive rest and relaxation. Substitution of annual leave for unpaid leave
under the city's FMLA leave policy shall constitute use of annual leave.
Page 13
Each employee can cant' over an accrued annual leave balance up to such maximum
accrued annual leave from year to year during continuous service. The personnel
department shall transfer annual leave in excess of such maximum annually to the
employee's sick leave balance.
Upon separation or retirement, an employee with over six months continuous service shall
be paid for all accrued annual leave in the manner set forth in this article. Up to a maximum
of 300 hours accrued annual leave shall be paid on the basis of one hour for each hour of
annual leave accrued.
(2) 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 for employees covered
under the Fair Labor Standards Act. Part-time employees who work ten hours or more each week
shall accrue sick leave on a proportionate basis in accordance with the number of hours worked.
Those working fewer than ten hours each week shall not be eligible for this benefit.
a. 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 illnesslinjury when eligible.
b. 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. The illness of a spouse, children, or other immediate
family members living in the employee's home 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.
c. Other uses of sick leave not specified in this regulation will be reviewed on an individual case
by case basis by the department head and the personnel officer and will require approval by
the city manager. 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 shall 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.
d. Sick leave is only to be used when actually warranted. 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.
e. 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 responsible supervisor, without reasonable extenuating circumstances, shall
result in the absence being classified as unauthorized leave.
f. 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 retirement service requirement has been met); for every 173
hours an employee will be given one month and for every eight hours, one day.
(c) Educational leave. An employee may be granted educational 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
manager 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 condition of return
to work after a specified period of no more than one year and returning to the same position at the
Page 14
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 the line of duty shall receive full pay with no charge to leave with pay
accruing from the first day of disability, not to exceed six calendar months. Such leave can be
authorized only after the risk manager has received all employees' first report of accident A temporary
employee shall be paid in accordance with the provisions of the Virginia Workers' Compensation Act
(Code of Virginia, tit. 65.2).
(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 administrative leave. Such leave may be with or without pay,
for periods of time not to exceed 90 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
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 15
workdays per federal fiscal year. When relieved from such duty, such employees shall be restored
to positions held by them when ordered to duty. In accordance with federal law, 38 USC § 2021
at seq., 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,
except as otherwise provided herein, and shall be entitled to be restored to the same position
vacated, provided application is made to the personnel officer within 90 days after an honorable
discharge, and further provided that such employee is still qualified to perform the duties of the
position. Employees who are activated in the case of a war or other national or state emergency
declared by the President, Congress or the governor will be paid a military pay differential which
will be the difference between the gross pay such employee would have earned during such
period as a city employee, provided that such pay would have been greater in amount than the
gross military pay, and the gross military pay actually earned, beginning on the first day of
activation up to a maximum period of two years thereafter.
(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 scheduled 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 under the Family and Medical Leave Act. The city grants leave under the Family and Medical
Leave Act of 1993 as more particularly set forth as follows:
Page 15
(1) An employee who has worked for the city for a total of at least 12 months and has worked at least
1,250 hours over the previous 12 months shall be eligible for leave under the FMLA,
notwithstanding any other or contrary provision of this chapter.
(2) Employees eligible for FMLA leave shall be entitled to take up to 12 weeks of job -protected leave
without pay in any 12 -month period for one or more of the following purposes:
a. For the birth of a son or daughter of the employee and to care for the child;
b. For placement of a son or daughter with the employee for adoption or foster care;
c. To care for the employee's spouse, parent, son or daughter with a serious health condition;
and
d. Because of a serious health condition that makes the employee unable to perform the
functions of the employee's job.
(3) Married couples who are both employed by the city are entitled to a combined total of 12 weeks
of FMLA leave during any 12 -month period if the leave is taken:
a. For the birth of a son or daughter of the employee and to care for the child;
b. For the placement of a son or daughter with the employee for adoption or foster care; or
c. To care for a parent with a serious health condition.
(4) An eligible employee, in order to care for the employee's spouse, son, daughter or parent with a
serious health condition, or because of the employee's own serious health condition, must use all
accrued sick leave as part of the employee's 12 -week leave entitlement before taking leave
without pay. An eligible employee may use any accrued annual leave for an FMLA qualifying
purpose as part of the employee's 12 -week leave entitlement. Leave taken by an eligible
employee under the city's disability leave or maternity leave policies, or short-term disability
program, for a purpose that would entitle the employee to leave under the city's FMLA leave policy
will be counted toward the employee's 12 -week leave entitlement.
(h) Leave without pay not taken under FMLA leave policy.
(1) This subsection applies to leave without pay that is not taken under subsection (g) of this section
and the city's FMLA leave policy. 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.
(2) 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 desirable to retain the employee even at some
sacrifice.
(3) 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.
(4) Credit toward annual and sick leave shall not be earned during leave without pay, nor shall an
employee be paid for holidays while on leave without pay.
(5) If leave without pay immediately follows or precedes a holiday, there will be no compensation or
compensatory leave granted for the holiday.
(6) A leave without pay shall not constitute a break in service, unless it exceeds 30 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 30 days and is during the probationary
period, the probationary period will be extended for the same period of time as was the break in
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service. Failure on the part of the employee to report to work at the expiration of leave without
pay may be cause for dismissal.
(i) 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 unauthorized leave for three consecutive days shall be separated from
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.
Q) Maternity leave. An employee may request leave for her pregnancy or childbirth on the same terms
and conditions as for other temporary illness. 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 immediately prior to and following
delivery may be charged to sick leave. Employees will be required to provide a 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.
(Code 1978, § 17-12; Ord. No. 1999-25, § 17-12, 10-12-1999; Ord. No. 2001-20, 11-27-2001;
Ord. No. 2001-20, 11-27-2001; Ord. No. 2004-9, 5-11-2004; Ord. No. 2009-18, 6-23-2009; Ord.
No. 2013-17, 7-23-2013)
Sec. 66413. - Procedural guarantees for law enforcement officers.
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The procedures established pursuant to this article shall apply to all nonprobationary law enforcement
officers in the city police department.
(1) Definitions. For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
Department means the city police department.
Investigating officer means 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 means a person who, in his official capacity, is authorized by law to make arrests and
who is a nonprobationary member of the department.
(2) 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:
a. Any questioning of the officer shall take place at a reasonable time and place designated by
the investigating officer, preferably when the officer under investigation is on duty and at
department headquarters, unless circumstances dictate otherwise.
b. Prior to the officer's being questioned, he shall be informed of the name and rank of the
investigating officer and of any individual to be present during the questioning, and the nature
of the investigation.
(3) 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
investigating 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.
Page 17
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.
(4) 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:
a. The officer shall be notified in writing of the charges, the basis therefor and the action which
may be taken.
b. The officer shall be given an opportunity, within five calendar days after receiving the written
notice provided for in subsection (4)a of this section, to respond orally and in writing to the
charges. In making his response, the officer may be assisted by counsel at his expense.
c. 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.
(5) 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 section 66-16 or proceeding as
described in subsection (6) of this section. The officer shall elect, by which procedure he 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 below.
(6) Hearing.
a. An 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 receiving 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 14 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 and to 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.
b. The hearing shall be conducted by a panel comprised 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 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.
c. The recommendations of the panel, and the reasons therefor, shall be in writing and shall be
transmitted promptly to the officer and to the chief of police. Such recommendations shall be
advisory only, but shall be accorded significant weight.
(7) 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 departments written and disseminated rules and regulations. In such a case, the officer shall,
upon request, be afforded the rights provided for under subsection (6) of this section.
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(8) 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.
(Code 1978, § 17-12.1)
Sec. 663314. -Procedural guarantees for firefighters and emergency medical technicians. Formatted: Strikethrough
The procedures established pursuant hereto shall apply to all nonprobationary firefighters and
emergency medical technicians of the city fire department.
(1) Definitions. For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
Department means the city fire department.
Emergency medical technician means any person employed solely by the city fire
department as a full-time emergency medical technician whose primary responsibility is the
provision of emergency care to the sick and injured, using either basic or advanced techniques.
Firefighter means any person who is employed solely by the fire department as a full-time
firefighter whose primary responsibility is the prevention and extinguishment of fires, the
protection of life and property and the enforcement of local and state fire prevention codes and
laws pertaining to the prevention and control of fires.
Interrogation means any questioning of a formal nature that could lead to dismissal,
demotion or suspension for punitive reasons of a firefighter or emergency medical technician.
(2) Conduct of interrogation. The following provisions of this section shall apply whenever a firefighter
or emergency medical technician is subjected to an interrogation which could lead to dismissal,
demotion or suspension for punitive reasons:
a. The interrogation shall take place at the facility where the investigating officer is assigned,
or at the facility which has jurisdiction over the place where the incident under investigation
allegedly occurred, as designated by the investigating officer.
b. No firefighter or emergency medical technician shall be subjected to interrogation without
first receiving written notice of sufficient detail of the investigation in order to reasonably
apprise the firefighter or emergency medical technician of the nature of the investigation.
c. All interrogations shall be conducted at a reasonable time of day, preferably when the
firefighter or emergency medical technician is on duty, unless the importance of the
interrogation is of such a nature that immediate action is required.
d. The firefighter or emergency medical technician under investigation shall be informed of the
name, rank, and unit or command of the officer in charge of the investigation, the
interrogators, and all persons present during any interrogation.
e. Interrogation sessions shall be of a reasonable duration and the firefighter or emergency
medical technician shall be permitted reasonable periods for rest and personal necessities.
f. The firefighter or emergency medical technician being interrogated shall not be subjected to
offensive language or offered any incentive as an inducement to answer any questions.
g. If a recording of any interrogation is made, and if a transcript of such interrogation is made,
the firefighter or emergency medical technician under investigation shall be entitled to a copy
without charge. Such record may be electronically recorded.
h. No firefighter or emergency medical technician shall be discharged, disciplined, demoted,
denied promotion or seniority, or otherwise disciplined or discriminated against in regard to
Page 19
his employment, or be threatened with any such treatment as retaliation for or by reason
solely of his exercise of ally of the rights granted or protected by this chapter.
(3) Oral reprimand not prohibited. Nothing in this section shall be construed to prohibit the informal
counseling of a firefighter or emergency medical technician by a supervisor in reference to a minor
infraction of policy or procedure which does not result in disciplinary action being taken against
the firefighter or emergency medical technician.
(4) Rights nonexclusive. The rights of firefighters and emergency medical technicians as set forth in
this chapter shall not be construed to diminish the rights and privileges of firefighters or
emergency medical technicians that are guaranteed to all citizens by the Constitution and laws of
the United States and the commonwealth or limit the granting of any broader rights by other law,
ordinance or rule. This section shall not abridge or expand the rights of firefighters or emergency
medical technicians to bring civil suits for injuries suffered in the course of their employment as
recognized by the court nor is it designed to abrogate any common law or statutory limitation on
the rights of recovery.
(5) Breach of procedures. Any breach of the procedures required by this section shall not exclude
any evidence from being presented in any case against a firefighter or emergency medical
technician and shall not cause any charge to be dismissed unless the firefighter or emergency
medical technician demonstrates that the breach prejudiced his case.
(Code 1978, § 17-12.2; Ord. No. 2012-17, 10-9-2012)
Sec. 66615. - Discipline and grievances.
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(a) Coverage of personnel. Covered by the grievance procedure are all permanent nonprobationary full-
time and part-time employees in the career service of the city, including employees of constitutional
officers and the registrar, if such officers and the registrar have concurred in the use of this procedure.
Pursuant to the authority of Code of Virginia, § 15.2-1507(A)(3), the city fire marshal, city assessor
and fire inspectors/investigators (assistant city fire marshals) are included within the coverage of this
grievance procedure. Excluded from the procedure are probationary employees and the following:
(1) Appointees of elected groups or individuals.
(2) Officials and employees who by charter or other law serve at the will or pleasure of an appointing
authority.
(3) Assistant city manager, deputies and executive assistants to the city manager.
(4) Department heads.
(5) Employees whose terms of employment are limited by law.
(6) Temporary, limited term and seasonal employees.
(7) Law enforcement officers as defined in Code of Virginia, § 2.1-116.1 et seq., whose grievance is
subject to the provisions of Code of Virginia, § 2.1-116.1 at seq., and who have elected to proceed
in accordance with the provisions of subsection 66-14(f) in resolution of their grievance.
The city manager, or his designee, shall detennine the officers and employees excluded from the grievance
procedure and shall maintain in the personnel office an up-to-date list of the excluded positions.
(b) Disciplinary action. Disciplinary action may be taken as a result of unsatisfactory job performance or
behavior. The following kinds of disciplinary measures may be imposed, depending upon the
circumstances: Oral admonishment, official reprimand, suspension, demotion, transfer, reduction in
pay or dismissal.
(c) Authority to discipline. A supervisor has the responsibility for oral admonishment and official
reprimands and for recommending other action. A department head may suspend an employee up to
Page 20
a maximum of ton 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.
(d) Notification. An employee shall be given written notice before any disciplinary action, other than oral
admonishment or official reprimand, is executed, except that no written notice shall be required in
cases where the employee's actions pose a threat to himself, other employees and/or destruction of
city property. Disciplinary action, other than oral admonishment or official reprimand, which is the result
of unsatisfactory behavior, may be effected immediately upon giving written notice of such disciplinary
action to the employee, except that no written notice shall be required in cases where the employee's
actions pose a threat to himself, other employees and/or destruction of city property. 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,
except that no written notice shall be required in cases where the employee's actions pose a threat to
himself, other employees and/or destruction of city property. No written 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 shall not be substituted for the chain of
command.
(1) Definition. A grievance is a complaint or dispute by an employee relating to his employment,
including, but not necessarily limited to:
a. Disciplinary actions involving dismissals, disciplinary demotions, and suspensions, provided
that dismissals shall be grievable whether resulting from formal discipline or unsatisfactory
job performance;
b. The application of personnel policies, procedures, rules, regulations, and the application of
policies involving matters referred to in subsection (e)(1)e.3. of this section;
c. Acts of retaliation as the result of utilization of the grievance procedure or participation in the
grievance of another city employee;
d. Complaints of discrimination on the basis of race, color, creed, sex, political affiliation, age,
disability or national origin; and
e. Acts of retaliation because the employee has complied with any law of the United States or
of the commonwealth, has reported any violation of such law to a governmental authority, or
has sought any change in law before the Congress of the United States or the General
Assembly. Complaints shall be nongrievable where they involve:
1. Establishment and revision of wages or salaries, position classification 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 part of the job content;
3. The contents of ordinances, statutes or established personnel policies, procedures,
rules and regulations;
4. Failure to promote except where the employee can show that 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. Termination, layoff, demotion, or suspension from duties because of lack of work,
reduction in work force, or job abolition, except where such action affects an employee
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who has been reinstated within the previous six months as a result of the final
determination of a grievance. In any grievance brought under the exception to this
subsection (e)(1)e.6., the action shall be upheld upon a showing by the city that:
There was a valid business reason for the action; and
ii. The employee was notified of such reason in writing prior to the effective date of
the action.
f. Management rights as listed in subsection (g) of this section.
(2) Determination of grievability and access to the procedure.
a. Decisions regarding grievability and access to the procedure shall be made by the city
manager or his designee at any time prior to the panel hearing at the request of the grievant
or the city, and the decision shall be made within ten calendar days of receipt of a written
request. A copy of the ruling shall be sent to the grievant and the head of the employing
department. Decisions of the city manager or his designee may be appealed by the grievant
to the county circuit court for a hearing on the issue of grievability or access to this procedure.
Proceedings for review of the decision of the city manager or his designee shall be instituted
by the grievant filing a notice of appeal with the city manager within ten calendar days from
the date of receipt of the decision and giving a copy thereof to all other parties. Within ten
calendar days thereafter, the city manager or his designee shall transmit to the derk of the
county circuit court: a copy of the decision of the city manager, a copy of the notice of appeal
and the exhibits. A list of the evidence furnished to the court shall also be furnished to the
grievant.
b. Failure of the city manager or his designee to transmit the 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.
c. Within 30 days of receipt of such records by the clerk, the court, sitting without a jury, shall
hear the appeal on the record transmitted by the city manager or his designee 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 his designee or may
reverse or modify the decision. The decision of the court shall be rendered no later than the
15th day from the date of the conclusion of the hearing. The decision of the court is final and
not appealable. Such determination of grievability shall be made prior to the hearing before
the personnel board as hereinafter provided.
(3) Grievance procedure. Employee grievances shall be processed as follows:
a. Step one. A grievance must be raised within 20 calendar days after the event giving rise to
the grievance or within 20 calendar days following 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 orally to the
grievant within three workdays.
b. Step two. If the grievance is not settled by the immediate supervisor to the satisfaction of the
grievant, he shall present his grievance in writing, through his immediate supervisors, to the
appropriate department head within five workdays after the decision of the supervisor. The
department head shall hear the grievance in a face-to-face meeting within five workdays of
receipt of the grievance. At this stage, only the grievant, the appropriate department head
and appropriate witnesses for both sides may be present. Witnesses shall be present only
while actually providing testimony. The department head shall render his decision in writing
within five workdays after this hearing. If the immediate supervisor is the department head,
steps one and two shall be consolidated into a single step.
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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 workdays of the decision of the
department head, who shall hear his grievance in a face-to-face meeting within seven
workdays of receipt of the written grievance and render a decision within five workdays after
the hearing. The city manager or his designee shall hear and decide step three grievances.
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 be represented by legal counsel.
d. Step four. If the grievant is not satisfied with the decision of the city manager or his designee,
he may file a written appeal to the personnel advisory board within ten calendar days of
notification by the city manager of his decision. The written appeal to the personnel advisory
board shall be filed with the city manager. If there has been no determination of grievability
during the management steps of the grievance, the city manager shall make a determination
whether or not the grievance qualifies for a personnel advisory board hearing within ten
calendar days of the receipt of the appeal. The city managers determination shall be based
on whether or not the matter is grievable. In the event the city manager does not qualify a
grievance for a hearing and that it is his determination that the matter is not grievable, the
grievant may appeal that decision to the county circuit court for determination of grievability
as provided in subsection (e)(2) of this section. If the city manager qualifies the grievance
for a personnel advisory board hearing, then he shall forward the grievance to the personnel
advisory board within ten calendar days of the receipt of the written appeal to the personnel
advisory board. The personnel advisory board shall hear the grievance within ten calendar
days of the receipt of the notice of qualification. If the issue of grievability has already been
determined by the city manager or the circuit court during the management steps, the city
manager shall forward the grievance to the personnel advisory board for a hearing within ten
calendar days of receipt of such appeal.
e. Step five.
1. The hearing before the personnel advisory board shall be conducted in accordance with
the rules of conduct and procedure for such hearings as promulgated by the city
manager by administrative regulation in accordance with state law. Both the grievant
and the city may call upon appropriate witnesses and be represented by legal counsel
or other representatives at the panel hearing. Such representatives may examine, cross
examine, question and present evidence on behalf of the grievant or respondent before
the board. The board shall hear the grievance within 30 workdays after receipt of the
written appeal and submit its decision to the city manager, and mail a copy thereof to
the grievant or his representative within ten workdays of the date the hearing is closed.
If, for just cause, the board cannot schedule the hearing within 30 workdays, the
grievant will be informed in writing of the reason for the delay and when the hearing will
be scheduled. The city manager or his designee may require a Gear written explanation
of the basis for just cause extensions.
2. 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.
3. The decision of the board shall be final and binding and shall be consistent with
provisions of law and written policies. The question of whether the relief granted by the
board is consistent with written policy shall be determined by the city manager or his
designee, unless such person has a direct personal involvement with the event or
events giving rise to the grievance, in which case the decision shall be made by the
Fairfax Commonwealth's Attorney.
4. 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
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the appropriate form the specific relief he expects to obtain through the use of the grievance
procedure.
(5) Extension 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. After the initial filing of a written grievance, the failure of either
party to comply with all substantial procedural requirements of the grievance procedure, including the
board hearing, without just cause shall 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 noncompliance within five workdays
of receipt of written notification by the other party of the compliance violation. Written notification by
the grievant shall be made to the city manager or his designee. The city manager or his designee shall
decide whether the parties have complied with all substantial procedural requirements of the grievance
procedure. If the city manager is a party to the procedure, then he shall appoint the assistant city
manager or another department head to make compliance decisions. Compliance determinations
made by the city manager or his designee are subject to judicial review by filing petition with the circuit
court within 30 days of the compliance determination.
(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) hire, promote, transfer, assign and retain employees
with the city; (iii) maintain the efficiency of governmental operations; and (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.
(h) Reconsideration of personnel advisory board decisions.
(1) If a written request to reconsider the personnel advisory board's decision is submitted by either
party within five workdays of receipt of the decision, the board, by majority vote, may elect to
review its decision and/or reopen the hearing for good cause shown.
(2) Either party may request the personnel advisory board to reconsider a panel decision on the
grounds that it is inconsistent with law and written policy within five workdays of the decision. The
panel may reconsider its decision in light of the law and written policy, if it so desires.
(Code 1978, § 17-13)
Sec. 6616. - Political activities.
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(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 public role 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.
(f) The prohibitions in paragraphs (d) and (e) of this section shall not apply (i) to any nonuniformed city
employee while such employee is off-duty and not on the premises of their employment with the city;
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and (ii) to any uniformed city employee while such employee is out of uniform, off-duty and not on the
premises of their employment with the city.
(Code 1978, § 17-14; Ord. No. 2000-15, 6-27-2000; Ord. No. 2002-9, 5-28-2002)
Sec. 66,49 .. - Ethics.
(a) Conduct. City employees shall discharge their duties conscientiously and shall 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.
(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.
(Code 1978, § 17-15)
Secs. 66318-66-40. - Reserved.
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