2020-06ORDINANCE NO.2020-06
AN ORDINANCE AMENDING CHAPTER 66 (PERSONNEL), ARTICLE I (IN
GENERAL) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
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, be and the same is amended as follows:
"CHAPTER 66 - PERSONNEL
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.
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's tenure. The
date of an employee's original appointment to a career service position, or most recent
appointment if there has been a break in service, shall be his anniversary date for determining
leaveandperformance 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.
Career service employee is a non -temporary employee.
City manager's personal staff means professional and technical staff immediately
responsible to the city manager and serving at his pleasure, ineluding the assistant rit
manage •
Demotion means assignment of an employee from one class to another which has a lower
pay grade.
Department head. The following shall be referred to as department head:
(1) Chief _Financial Officern eter- ^�.
(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) Assistant eity manager.
'Q�Director of information technology.
Any depar-tivieffit he -ad- may be given the title of -assisuffint eity Faafiager and the added
Full-time employee is an individual regularly working, on average, at least 3340 hours
per calendar week.
r-age,
, LSA means the Fair Labor Standards Act of 1218 (as_ amended).
FMLA means the Family and Medical Leave Act of 1993 as amended .
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-to-day 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 Iegal relationship is not necessary.
Overtime work means time worked by an employee during a work period that exceeds 4
hours or for police officers and firefigbters, that exceeds the hours defined as the single-daj
wer-k-expestedina-normal work period. An empleyee's
Peried- shall he as more pmfieular4y defined in ad-m-isisAW-ative o a-f.:e:uz..guw.. by
the city manager- &@Y-n 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."
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. , en m,er-age, for- fewe
than ten heur-s per- ealendaf week sh-all set be eligible fOF benefits
Pay grade means a level in the pay ahq sehedule-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 sworn 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.
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.
Serious health condition is an illness, injury, impairment or physical or mental condition
that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential
medical care facility) or continuing treatment by a health care provider. Examples include the
following:
(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 leegteFm Ions term 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.
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.
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.
(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.
Sec. 664. - 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 r mul ate and im lement administrative regulations on personnel
management not inconsistent with this chapter. =Such aAdministrative regulations may be
pr-em••lg ted by the city m - will generally itemize edetail specifics relating to a
personnel management subject. They may be implemented in conjunction with this chapter
and will bear the same authority.
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 attorney,
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.
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 the interests of the city. Any such requirement shall be imposed by
resolution of the city council setting forth the person to be bonded and the form, purposes and
the amount of the bond.
Sec. 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
ggplicable administrative regulations seetien 66 14 and seetien 66 16.
(f) When the board is hearing an employee grievance, necessary clerical support will be
provided by the city.
(g) The human resources peserel--director shall coordinate all personnel advisory board
hearings, shall be the custodian of all grievances reviewed by the personnel advisory
board and shall maintain custody of all personnel advisory board records.
Sec. 66-8. - 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. W atie eeneeming an pli „tlser-iminal reeer-d may be required „n the
1 Vi�1. 11 VM V++
employment appli6atien.
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 human resources de artment city pelir.e
department shall check and provide such information to the human resources director
d of the depai4fnent of personnel as provided by aWapplicable law.
Sec. 66-8.1. - State and national criminal background checks of certain persons engaged
in City of €ax local employment (government services) as determined by the ci
council City Couneil of the City of Faii4 x-, Vie, as designated in the schedule of S&
City employment positions requiring background checks.
(a) This ordinance is enacted pursuant to Code of Virginia, § 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
local government employment positions, whether paid or volunteer, designated in the
schedule of c y City of Fai employment/volunteer positions requiring state and
national background checks. The schedule referenced in the preceding sentence of this
subsection 66-8.1(a) shall be promulgated and amended from time to time by the city
manager City Manager- the City o€� ~^y, Virginia-.
(b) An applicant, employee, or volunteer seeking to engage in c �`�+• ^� c..i. v local
government employment, for a position set forth on the schedule described in subsection
66-8.1(a), shall submit to the city human _resources department City of Fair
Depai meat of Personnel, if required, one two -sets of hisAwF fingerprints taken by the
op lice departmen City of Faiffax Foliese DepaFtment together with any necessary
paperwork required to conduct the necessary checks.
(c) Upon receipt of the fingerprints, the city shall transmit both sets e the fingerprints and
appropriate fee(s) to the Virginia State Police Central Criminal Records Exchange
"C The CCRE will
compare the subject's 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 CCRE -Virginia state Police Gem;*.,
Gr-kninal P^^^r-as Exehange, which will disseminate the state and national results to the
human resources department n;*•° ^f^;- De~.,.,�.,: f '^
(d) The human resources department 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 human_ resources department city of Fai
Depa#ment of P^rc^^naL^r 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 human resources de artment City of Fair -far, Department PeFsoanel. Should the record subject seek to amend or correct his/her record, the record
subject must contact the CCRE
f .. F,,^ r.^--i-„^.,.- ealth Of Vi..gi i., 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 ol�ice
department uses in conducting law enforcement r�e-
employmem pr-0-m—FRF-71feryment checks on police department applicants.
Sec. 66-9. - Position classification plan.
(a) All positions in the career service shall be grouped together into classes and assigned a
pay grade in accordance with the duties, responsibilities and qualification requirements.
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 --the citv's
reclassification policy-adeptedbysesil.
(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-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 66-10. The actual duties performed and the
level of education, skill, judgment, experience, knowledge and other qualifications
required, are to be considered in ranking and classifying career service positions.
(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.
Sec. 66-10. - Employee compensation.
(a) Pay plan. It shall be the responsibility of the human resources Parsen-nel`-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 human resources
pef-�director of any changed conditions in their respective departments which may
affect class specifications andlor the position classification plan. The human resources
per-senne! 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:
(1) A schedule of pay grades showing a minimum and maximum rate for each grade
(2) A list of all class titles showing the allocation of each class to the appropriate pay
grade.
(b)
based upon the diffietilty in filling the peskien a! qualifirations of the new
employee, subjeet to prior- approval by the eity manager. Aff-his designee. I An annual t4e appropriate pay gfade. However-, appointmeRts may be made above thRe minim-afn FM
pEHI
will 140 ;1 WA
above the fninimum of the pay grade in the pr-eyieus ealeadar- year-.
eFmally be- made after ene yeaf.
of a high quality and lu at WN.a
it 69mmeadable" or- "meets Standards" by his
depaftmentead
eligible for- a within gfade iner-ease. The annual peffbFmaaee evaluatien that iaralu
.:thi ado must be made in aeeer4an6e with the existing ..dmi str- ti e
/!,��
�s.
(44 _ Ftffee;i-'e
date. Thk-iS
0+
2 er- Eno8 I 0for-
0
e7-- i all eases, the new pay ate_ ^t M least he equal to the aaa.aa.a.a.: a:@ The My manager- may authorize additional if ;A Fder- to
ettn «te al equ:t.
periode. A one year- probationary : with Ali rr.w,Oer .,,a,e,.er,the
required vaa «t:1],
empleyee has been pr-ofneted
and do of fneet depaFtment work ^t.a«daWs in
the higher- elass, he may be demoied prior- te the end of the pf�obmienar-y pefiod
�-& position in a A-1-ass of net less thaFt the same _pay level hold r-ier to
In s ,eh ease, the employee's pay shall he restE.redt0k th--r.,te in Afr"at
prior- to the pfemotien as- though the pr-emetion had not been gmnied.
a. Upon upward F061a%ifiGatiOR of a position, an ineumbent shall r-eeeive-a- pay
be paid at theii: el -went rate of pay. if the
f the new pay gr-ade, they will
rate of pay —and will hA r,
r�aaav
Tr-aasfer-s take
iarumbent's
eentinue-4el..
salary is greater-
be paid at
het.,ee
thaft the-
their- etifFeat
aa aa
as -aS,e
e artme«tsd_
. ran plae-A
between
'
differ -eat
'
«
between positions 9444e-sam"ay range,
Poswtim4s
of
gr-ade
between the
transfer- oeeors positions of same
d if tf het,a
nr e r s��
pay grade,a.
^, both •
' ,
must agFee to the tr sf r and sign t per-1
aration
a,
a: f.�a
fi) m nle __s
a,a,a.aaa aa..aaa..,
eh
�,,.a,�leif4t : dewmined that the employee qualified to the e ,
r-esponb'�� .f^:h:l:tie^ of the lolNer elassif..etien the demotion is f the geed e
the eit,. No adjustment to the employee's « rate will he made f r this t.,«e of
demotion tial-ess; the employee's salary is abeve the m-aximufn of the new pa
gFade. in no event shall the employee's new salary be -ah-e-ve the Fflaxifflufn 0
Pay..Fade ofh:sl4 er « elass:fieat:e«
v
la The salary of an employeef demoted diseipii,. arreasons shall he reduced h
five per-eent as deemed appr-opr-iaw by the raity Fnemager-. in He event
shall. the employee's now
(Overtime work.
(1) Employees that are subject to the overtime provisions of the FLSA Fa: babe
Standafdds-At who perform necessary and.,or assigned overtime work shall receive
overtime pay, as determined by the rules and regulations of the FLSA F-a r I AA
. 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 FLSA
Fair- Standaizds Art 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 FLSA Fair.-6ahe�
must be approved by the appropriate department head. Department
heads and the city manager's personal staff who are classified as exempt from the
FLSA Fair tabor- Standards A4 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 FLSA , 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 FLSA 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 manager. Gve#im;r
(g)A-,c fOF a position, may be supplemented -ice- raei4aifi eases
renditionsof
unusual weFk4ig net to all position; Glass or- f r ,. .,
skills when detefmined by the city f r to 14A :n tho
beat interest .f the e;t,.with +l,a nn.,} the .:t., ..i1 Employ e
de aced to fulfill, on
temper-my basis ....... in the rensib l:tie of a position with high
awarded,pay elassifiralien may be at the
1
s fnr eb, t:r„e as they eeetipy the position.
1,
(h) );,.. WneyJ.,t,. eempemsaiie*. Employees sel,eduled en standby-emeFgeney duty shall
administrative regulation W 12 as :t m be
The de art.,, nts e f pel: and fir and- ressueut-lize
sta.,dl.,, ,, eall _l,ael, e.,,er-geney d,.t., as the need n
A nonexempt -is-
to be en all and erL:ng hours add;t;er, to
regulations.
at'a may be provided to amp' s in the f
employee h-emefits AM approved and funded by the eity P.equacil. Sued; beffl l
but not limited to ogre.. ew, life insufaarae and —.r fA;:Mq Af homith
1) Health :MA e:ty will 89- r b.a..:.. _ health e eeveFage at th
`-, eentrib utien rates as dete ffnined by the a e:l
pleyes lifeo a and aee:dental death and diner e».b.e
(3) Sham to disability slit, ,idea to f..11_tiM 1
� e
(4) Long term. dis-ah-Wity insur-anee is pFevided to fid! time employees.
..:th administrigiye rem.lat:eR 7 1
!
when "fia .
(6) Employee A n stn a Program is pr-evaded to full _time .and paFt tifne empieYe
(c) Emnlovee benefits: changes to employee benefits resulting in increased costs. Other
compensation may be provided to employees in the form of employee benefits as approved
and funded by the city council. Such benefits shall include, but are not limited to, retirement,
life insurance and various forms of health insurance. Any change to employee benefits that
will result in increased cost(s) that -are unbudgeted will be presented -by the city manager and
discussed with city council prior to implementation of such change (s).
Retirement systems narticination • social security contribution. 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.
City retirement General employee shall contribute to the plan according to the funding
requirements in City Code section 66-192.
City retirement ---Public safety employees shall contribute to the plan according to the
funding requirements in City Code section 66-432.
Virginia Retirement System- -Employees contribute the amount set by the Virginia
Retirement System.
Social Security —All employees will contribute the percentage as established by law.
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.
Sec. 66-11. - Separation.
All separations of employees from positions in the career service shall be designated as a
resignation, retirement, lay-off, termination, 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 {writing}.
A copy of the resignation shall be sent to the human resources persenfie- 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
human resources persennel-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
workforce 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.
See. 66 12. Holidays and leave.
(a) Mebdqys. The fellewing helidays shall be ebsefyed by the say -
New Year's Day.- januaFy4-.
AA;w4in i ..ther King, it Day- Third Ai end.y in i..nuar..
t'�'i' , raiaua �.
Geerge Washington's Day. Third Monday in February.
MamAr.iAl. rl— Last Monday in May.
L,atltlr Day- First Monday in September-.
fL'SfTJ
.,leyee aams lieu e per-seRal uses. The employee will be eFewited- m4th leave aev.-UmmulatAd fi:Am th
date of empleymeni.
b. Annual leave --;hall be aesmed at the fellowing rate-6 f-e-F A -Al time empleye
r h,.rn leave r.
G. With less than three year-s � e e
hoursd. Aftef three year---; wpm,i ee but w4h less than 15 yeaf �pjeyee earns SME
leave pe pay peried.
.
f-.— Annual leave for- regular- paft time employees weFiEing ton hear-9 or- fnere enek
week shall aeome on a pr-ep@Aienate basis up to f-e-ur b-our-s leave per- pay period.
g. Except in eases of illnessor- e e e...e:es, leave must be approved in .,ayanee,
and employees mus! pFevide r-easenable Retiee- te their leave request. Empleyees
requesting leave must eemplete aT171 aCion F leave fefm. The minimum
leave inerement : e half he,.r �AF employees eeve-Fead- und-of the Fair- Labe
Stender4r, the h.. el ry in the fir ..a a nee
..ehea,.le ,•rl uil,e lee..e on
amended ftem time to tome. Earh f�jl time empleyee ean aeoFue up te 300 hemns,
of annual 1e e. This wiII be implemented- .:th Rt
intent ef annual leave is ie previde employees with adequate fifne for-
maeatieR
ffflual leave ttft unpaidleave undertl,e -it.,'- 1r1►di A Ie..., ..1:.s,
mse ef annual leave.
empleyee
The
ea anauel leave �� ,
e . 4o- yeaf duringnti e e
per-oeRneL
..11,,
to the R;elg
1e a b In
eFApjoyee'q
j. Upen sepafatien Ew retirement, an employee with ever- six menths Rentimia - is
(2) Siek I-p-aw-P. Siek shall be aeesaod by full time empleyees on a basis of fou-r-
hours for- eaeh two week pay The Minimum le-ave inueffielit is eRe half bOtl
foF e ..ieyees e owed „ndeF_the Fair. r Ata .F cta.,daFdAArt. PaFt tiempleyees
4.1"he Fk to heafsfnere eh mMok ;h;;Il_ .k lA „ten a p eflie ate
vaSis-in aeeor4amo with the-HUffibaw of MOMSY4�-kiFig f , thaA },
P-A-1 F S A-
aph wAtRIG
leave
qhAll ntu
be
he eligible
for. this benefit,
the time
is the
teFM
a—Siek
disability
may
net
The
employee
at same- -A;;
:al.
employee
on
SheA
insuraneeer-
�. i
pFegFam.
s the F..,I;a,.
neRweFk_
4tl,e
A-1-med-
to
aa,.use
illpess4njury ,
sink lease to
eligible.
employees
%r illrlens_�r�r.u>ra.c�i
eity
rant
t-q;-:
deintal
iFeatments.
The
illness
of
required
physical,
optieal
and
m
nt tl�a_ F
� 1
1 0 •F
d 1.
th
depaftmeat
n-reatnel�
head
�a„
s1,a11
uss-
the ndodo
�-�-ro��
_the d
wits
t
���
Other-
leave
isms--vvrr.mzor-rrc�rscvcT
ens:.•lew
in this
of
paF
be reviewed
an an
r,--
individual
uses of
siGk
by
not
basis
speeified regulation
by the depaFifnent
head
will
the
offiee
ease
case
and pefsennel
.f s ol,
le
y be anted
by the
Siek leave
depar-tment
head- Aeff- A- death.
be fer-
i-;-;-
the
the immediate
time the
depai4fflefit
-o
an
head
employee.
aotowr.,:„at,-is
shall
gr-anted ealy
distanee
f,«„wnl,
aetual
). AAlexresS
f
„F days C F
neoeS
a dead,
leave is
+a,-y
must be
being
(i.e., of
used a lal leave-.
the
of
When there
is veasea
EA,eF
to
he
siek
the
age
abused,
employee'sbolie,vo
the
to „lira:.,
l ire„sed
-ad-
sit),
may require
pleyee
or-
to
PhySieiaHr
i..
—Sena!
)
go
e-
illness
e-aeh ease
is e
in which
eFt to duty,
an
';t shall
a nle eo able
lie his a s:i.:1:t,,
beeause
to
of per
�„� �w
a have
e
e
infi�ffa,
his
�
to the
tiffi-p
liV
he is due
JVIlIV
en
VI{e
th
initial
F:esponsible
day
f his
stipefviser-
prior-
Failure tA__Srif
.-m the
at
esponsible
work
e
w)
without
e
w
evte.,.,A+,.,r,
ms}a aees
shall_wes.,lt
in Shp al.sa.,ae
lie..,.,
RAl.le
--Ne-payment will be madef-br-
T, ,lT6Il-tiff e
F F Fet:Feme„tin days and months (aA,.F the initial wet:wement se f:equir-emont has; been o
f
nth and foF every eight heur-s, one day,
Edue-wi-im-al 1-to-ave. An employee may be ganted adusational leave fer- the purpose e
taking eour-ses dir-setly related to his weF:k. Whother. -;;-: ses- sueh leave mrill be granted, the
dar-atien efsulsb leeaves alfid whether sueh leave shall be- mAth er- witheut pay or- with p
wefk—k9a&, - availability -,F
)
i., all eases ,.l,o e .,t d; eas
iwatu
training dur-ing regular- Fk; heo) ntthe city ;11 : a their -aid and e All
.,assume ssumav uaa
reasonable
4^e .s1o'�
to work
leave;position at the teFminatieft ef )
edueational Wave fiew A- longer- period -may
be granted . .:tl, the „d:t; .F that the eit„ would not guar-aEtas Fet„F., to the Same
idT 'iy1.RI kty leglti
PeFFnaneat eF prebatienar-y employees who are disabled is the line ef duty shall r-er.
full pay with ne char -go te; le-ave mAth pay aeraming fFefn the fir-st day of disability, a
emee,.d1 _.,1....,1s....... ..t1.., c,.e1., leave ran be authorized enly afieF the Fisk manage F 1,As
- six
Feeeived all employees' fir-s! repeA of araoident. A tempem-y employee shall be paid in
ae-vemm-maes- with the pr-evisiens of the Virginia Wor-kewa, Ce At:,,., n At (cede Of
[li4aia wit 65.2).
/ 1 1 The eity manager-may:e e employees fFeFn duty fer- shaftpe-ri-Ad—r.^ ti;:R a with
pay and without ehar-ge to lea,.,e-. E*afnples wouldbe emr- e weather. «ditie
disaster and days „fnational
eLA
Qer..iees of the United States, National f1..nrd er- l ln.,nl A f:litie shall be entifle&4e
lOaVeS E)f ab5e iGe 4-ArrItheir.. r-espwtiVcduties, without t less At -:„ seniority,
Wave or-effinienn„ rating all de during..hieh the a engaged in & de ..11.
..l..e« Palled f i4h by the groomer pursuant to ..t..te
1-avr. T-hA--r4-R shall be no less of pay dur-ing suoh leaves ef absenee, except that paid
leaves of fer- federally f6aded military training duty shall net ey-r-eed- 4-5
.,rl.dn„s r fed iseal suoh employees
duty,
shall be r-ester-ed te positions held by them ;vhffl; A-r-d-e-r-ed to duty. ift aerser-dange
F dernl 1.,.., any empleyee with peffnanent
icac7-crr-rcrr • �
stet.. ..l.n ieinn or . dr..Aed into et;. a sep"iee in the milit.+ Fo a of the f l«itad
�rassrs�imvJvmTvr
heminStates shall be plaeed on fnilitafy� leave, without pay, exeept as otheFwise pr-eyideA,
«li..nti-,«i ......,de to the
disehar-Egler
and flufther- pr-ovided that surh employee is still qualified te peftfon:n th
duties ef the position. Empleyees ..,uabe
t' 1 Ar- RtatA declared 1.., the PFesident,
/tee a r_tli..+ i OF ill
employee,suoh empleyee would have earned during sueh pef:ied as a eity
that stieh pay would have been greateF in -am-A-unt tham the gr-ess fnilitar-y pay, and th
gross .ailitar-y pay ..et....11y a,au: aavc.r«ed
,
1
granted ti... Aff rr-eason..l.le «t eF time et4he- be r end of tl.e
attending - iV-1tlieSSkiypeena. Thy- will supplement t
eompefisation paid for- peffoFming jury duty to assur-e that its efnpl a fie
le.... than theii: sie- « al rate of r.n.r
ptlfpose-,,-.t
a-.- employee `t_
6ar.e-',
TF r the employee's � parent, s health
Cr. o �-Dore e> " � " r daughter with n e
«d'tie «; and
p , ith a serious health eenditie« r heea„se of the ample,.8 own S
health eenditien, must use all a r„ed s:ek leave as _p-:;# of the empleyee+s 1:1 week
le -Ave- e-atitleffsent before taking leave without pay. An eligible employee may use an
Week leap � s
d-isah-ilit-3F ,
the e:t,4s FMLA leave «eliey
(1) This s„hseetie« plies to leave- „,ithout « that is not takes , «der s„hseet:e« Iel
of this seet:e« and the e:t„'s FMLA leave pelic y AR e «levee may he er «ted lea,.
,:the„t pay far a period _ of up to ene eel, at the d:seret:e« of the apprepFiaw
deens head.An employee may he gfa«ted lea,._ .:the.,t Pay by the4vy
employee ea leave without pay during a pei4ien ef a pay pefied shall eam leave ;vith
leu
(2) Lea-ve without pay shall be «ted eilly when :t : in the hest .interests of the eity to
de se. The interests of the a ple„ee shell he a sidered ,,.hen he _Rs by his
FeeeFd wheft it is de fable to rote:«
l(231 At the a ratioeye without pay, the employee Shall he
pesitie , ated e in any ether . «t « sit:e« in the same Blass
/41 Credit teward__a««,.el and seU Wave shall net be e,,med during leave witheut I L]V V[iI IIV,A ,
nor shall a pleyee he paid for holidays ,,.h:le An leave withe„t
!Cl if leave ,:sht immediatelyfellowda holiday,thAVAy ill he He
C� oup e„ s a precedes y,
L6T
eenseoutive r-egular4y s6heduled wefking days. At that point, a break in sef-Viee shall
life ns.,ra«ee nd far nerf r.•.,anee� ia_l„_itie« pufpesa Tf
-!he bfeak in sepviee
d2Q days dg thhtid e es e n, e pr-eao e e, the eb
he extended CA;: the ed of time as ,.as the break in ner,aiee Fail,ir-e-n n
pait of the empleyee to repoFt to v,A_rJ;_ -At the expiration ef leave witheat pay may --be
eause fer- dismissal
!:1 77>3autL.,,..:-,nd 1 e... A&i- empleyee-who is absent &er.,_ duty without approval shall
In the ahsen..e of d:s «l:« et:e nle.,ee „rho in e« xx«axxth�,.-. ed le .. fe thr
«' e
reinstatedeenserautive days shall be sepafated 49m the pa5qFell. However, the empleyee shall be
:f there wereanees,.,h:eh .Fade it impossible far hi...., to
eh:ldhirth e« the
same toms, nd d:t: ;Iqfer.n ether to illness. r..'mpleyees may use siek le
annual lee, t., leaveer-leave ,:the„tpay duringerigde of ate ;t,
sran«vsr
eLawsili;cp :t fiq
�' ls
m
ate it, Only that peried ef_absenee, dur-ing ,.h'eh the employee is ertif:ed by
physieian tee be ddisabbled immediately prior- to and fellewing delik,er-y may be ehar-ged to
sirak leave. Employees will be required te pr-evide a physiei-an's -cefflifieVatieffl; A-;;d- mmqt
approved. Approval
Sec. 66-1243. - Procedural guarantees for law enforcement officers.
The procedures established pursuant to this article shall apply to all non! -.probationary law
enforcement officers in the eity-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 sibpolice 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 nonTrobationary 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. 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 applicable administrative regglation s seetien 664-6 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 department's .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.
(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.
Sec. 66-1244. - Procedural guarantees for firefighters and emergency medical
technicians.
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 s4�-fire department.
Emergency medical technician means any person employed solely by the e4y
€ke 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 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.
Sec. 66-144-13. - Discipline and grievances; state menLdILQUy. The city is committed to
resolving employee complaints and grievances in a Just and enuitable manner. All career
service employees except those expressly excluded by law, regulation, policy or agreement
have the right to submit grievances for resolution without the threat of discrimination,
coercion, recrimination, restraint, or_reprisal. City administrative regulation(s)_ contain the
gjAidelines and rocess es to be used regarding evances.
. effivem
iaeludiiig
the if sib„h ffie-e-s ;,Rd h
employees of eenstitutiesal
and mgistr-af,
Vi 1-5.2 1 507(� )(3-),the sitjfiry-
g��+� �-'�TC'T)t >
inspeeter-sAnvestigater-s fire
�£Sh� -etassessor- anfl— iFe
>
ineltided within the eever-ag
(assistant city maFshals)
are
the fe4lev
l=T
!'1�r4-4.aw enforcement-- O#:.,.,.-n -asdef-i..oain Code ofVirginia, § 2.1 _ 116.1 of seqr,
.,
seetion
1 A(f) : r-esel..t:e., of their grievance
_ _ erfrsr.
s
ef7ie:el r ..a., and for- �
r a,z.`1i:.ng ether ;,.t:,,., A e..., a.-t.,,e„► heed m suspe
an-ei�eyee•-� 4& -&- �li�iof Celt - netib, the ..ffiee of
period,peFsennel of the suspensien. Suspension ! dismissal,
demetien —and- tvansf-ew request must he a ..ed by the e:t.r Fa erThe rity manage
may delegate thee authenity. to approve eh tel: ..1: et: e
(a) nWfi..... en An employee shall he given written .,ogee before any a:neiplin r.r .,et:e.,
ethe tl,., el ea. �h.,n ef�....1Fepr-..a a ,red a ,n et .t1•.mno •.:tt.,
t' h 11 be :red n eases ...here the employee's eet:e.,r pose e threat to h:.•.•...elf
et�th�Ter pleyee a dest-n t: of .,:t, efly. Disraiplinary ct-e ,.t1..er than
iieFit 7
a:h..11 ha :,he eth empleye
employee,
written ete ne required eases
r...t:e..r threat to himself e a,
aeti9n, er t rr,l admonishment e official ..a, .rh:eh is the
ogee of . eh et:e.. e*eept that Fie written nootivee Shall -be
-
7
employee'srequired in eases where the self., -other- e5
�a,
el .,a.r chm nt o eff ri..l '
shall hp aA ilable fer hisinspectiendur-ifig,.....+1 er-king he..rn Copies of written
ie
employee's effi.. ..l Per-SAA nel.-fil(e) Ci9cievaii-o2es. :_M_e eity grievance pf:eredof:e is designed te ensure that empleyees have an
0-
empleyment7
Wt
limited tw
7 not necessarily
am Diseipl:
et:e n .,...til..,..
dismissals,
;��; l'
a
ydemotions_
-pr-evided that dismissals
7
shall be gr-ie;.,A-h-lp-
mcbe-ther-
resulting
b. The appheation
rules, regulations,
an the
..hne tie.,
of
Of PeFSOHRel
eS pre6edUFeS,_
thith:eetienr
!
e- Aets of retaliation -ac the mStilt-of triiczat:e of the Oevanee pr-eeedur-e
sex p-�a4
affiliation, Ret:e....l and
e
United States or- of the 7
of the United States or- the General Assembly. Gemplaints shall be nongrievabi
WhefO they iFk'-'e!Ve:
salaries,
general beRe€ts
fed;- ae-ti;Ar'F}z
1g aetivity whieh fRay be`reasonably �es�e� t� l,e „ert__„F the job
�#� ,, tent^ st.,t..te^
s , or. established per-s
onliel
ed, ,le
s and FegWatiOnS;
4 c '1lwA t pFeEn.,too ept where the employee oa-a she.., tl,.,t astet.l:^l.ed
pr-emet' 1 el: ur-eswere''ad ^
proce
S. The methods, means Rd p el b „1 iah el. work ..t:..:t:e a to he
eanied en;
Temination, r )
ower4E, r eF job abolition,
a�--a--ie-s-uh-of the final .let., at:...,
br-eught under- the eyweptien to this subsestion •)
upheld upon a showing by the eity tha-4--
i—
ii. The vmpleyee Wals Ret-if-Ated e
efF ..t:..e date ofthe angel..
a1. 't his designee+.t a time prior- to the panel hearing .,t the
Manager -or- iva av ...v t. u...+a hearing ». ...v
r-equest-of the grievant or- the f and the made shall be de ..;thin te..
ealeadaF days ef r-ereipt of a written request. A eepy of the Faiing shall be sent 40
QPAiriQRq Of the Gity
MaffageF of: his designee , be 1%ppealed
his @ l
be iffitiPated• b the gr-Rt fsl; et:.e e£ Weal
44- 1!h-e:t, Manager -
within `
the e4y
}xF )
fnanagoF
r his designee shall
tthe deeision ef the oity manager-,
exhibits. A list of the evidence furnished to -the eeuFt shall also be fumished te
time allewed
diee the
the :-Me
shall fiet p j rights
of grievant.
30 7 the r
jury, sitting 'it I'$
shall heaF the appeal en the r-eror:d tr-ansmitted by the eity manager- 4 hi
designee and el.
eentr-over-sy as
ma
, in its diser-atien,
the ethe eity manager- or- his designee ef May
fy t
detr
f.,..., the dote ..fthe eenclasien ef the hearing. The deeision of the 6euf4 is fin
itl ti'lt7
hearing befer-ei the PeFSonnel board as hereinafter- pr-ovided.
20 ,.,.lend..r d....^ after the a ..t
within 70 I d .r days F ll.....;.,.. the time ..
Tl.e .con4
^1,e11 d:^...ars the Lmr. afRM )r- who shall attempt to
adjwA the ma#SF and must r-espoRd or -ally to the Oeyant wit -bin three .
c e 9- h
satisfar,tion he avant .:t; t: n his
) n,
r
aft�+ar the de of a The d.. - 1... d L. 11 h th
cmBii� nvac- �-��ncar-rriv
gr-ieyanee
vanee At this stage, only the Oevani, the appropriate depaAmens Wad And
appropriate witnesses Arew befla-sidesm he present. Witnesses s;hnll he present
enl . while t, ll pr-e., «tp��ny. .,
g The aee.- ment ha.sa-;hall ��..a�.� j mq
der.ision in wrmitiRg within five
e the depai4m nt head,
sifl& .vi�
henry h may file a 'tte appeal to the •t managef .:tl.in se.wen m.,evAgdays o:
the derisionof the depaFtfnew � r ^^ *g
,
F e meeting -within seven ..Uae
tmfffier_ deeismt. within five ..lean age.. the hea-iiag.The :t, managei:f: h:
designee shag--heaf and deeide Step thFOe la this stage,
legal couns !he tyfoanagerm may elver to he a e«tea h.. le nl +A]MAel
his designee, he may file a wfitten appeal to the pefsennel advisory beafd withinthe grievanee, the 6ity appeal to the pef:sennel adviser-y bear4 shall be filed with the oity foanagerm. 1
there has been fie deteminatien ef grievability during the management steps e
e,•shall faake mw aetenninnt:„« ...hethef: O ant the
rl. of the e e -Idt-tnnf �� i�i� �.:t. �'. 7 .t,..r.:«nt:.,,. shall
based en whethef: orm not thC"1er- is Oevable. In the event the city manage
ntterm is of grievable l,appeal thatL
f te
ben..a hen..:«.. , then he shall
t en..a :th:«ll Alen enlenanf: days of th3e-l:eseipt a€ the written aPPeal te the
..:thin ten ....le..anf days _o£�aJ reeeigt of the Rotioe ef qualifieation. if the issu
,e ei ty Fnanag
ef SuGh appeal-
I-effling befi3rze the personnel advisoryhr. .max
of eeadUet and preeedUr
aecer-danee with the n1lomr,
with stet 1aw. teeth the gFievant and the ..:tom y ^^11 upon appropFiate
witnesses and be represented by legal eounsel er- other- representatives a
and present evideme on behalf of -the grievant or-r-espeadent befer-e th
hAafd
of the written appeal and I.;.,hmi4ts deeision te the eity manager-, and mail a
date- the heafing iss elesed. If,F st e a th e
v
the grievant will Yee ififiomed in wFiting of the
reason f9F the delay and when the hearing will be sGheduled. The--rit
if the boar-d derides that a diseiplinaFy aetion resulting in a less of pay was
deteFmined by the board-.
with pr-evisiens ef law and written policies. questien ef -whether- the
relief g „tea by she beaF s be
a to ea h.
dir-e6t personal involvement with the event or- events- giving rise te th
e ai3Ee; -k+ w base e derision- shal_be- made by the 1-AiF m
e
the -
failure -$f either party to semply w4h _ W
ra uar
,. dur-e� noluding _tl• Anr � hd heaving, without
Rr� shaitt � eause— ll ivr;:lt ;
C.. .,.
TLriO'g� Jra .a
0' , Aded that the paFty net in
Fletificatien by the �y,fyi ,. ..1. A1nt.A Written notification bgrievant shall be made tl...
�Y�"+•. �e--tl J -n6t}7 •manager -- or- -his designee. The nits manager- of
designee shall deeide wW1 . es h-av-P eemplied with all substantial pr-eeedur-al
then he A K appoint the assistant eity maRageF er- anether- depaFtment head- to Friake
(g) Akmagemew Fights, Nothing in this section shall eir-eum-ser-ibe er. ffledif�� the e*istia
management right of the eity to (iYdiFeet4hewer-k of its employees as as establish
rAii39te, transfer-;.- assign and retain n ee with
e
v
and (W) relieve empleyees fir -Am- the duties ef the
-jes> the >
1�a r
with five A-dathe desision,
b
the b rd
submitted either. aA of reeeipt of
b majer-'t vote, slant toFewievl, :ts deeisieft an&er- mepen the heming
for- geed
(c)zrcr'vr
deeisi en en the gfoundn that :t is ineensistent with is and .-:tte pokey within fiv e
workdays -e€
and- wr-itteR p9hey, if :t so do
Sec. 66-15+6. - Political activities.
(a) All employees of thn career service employees 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 wee in he career service emnloyee 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
emnlovee.
(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; 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.
Sec. 66-1§447. - 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 i �Career service employees 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.
Sees. 66-1"640. - Reserved."
This Ordinance shall become effective as provided by law.
INTRODUCED: March 10, 2020
PUBLIC HEARING: April 14, 2020
ADOPTED: April 14, 2020
ATTEST -
City Clerk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
Mayor
3
Date