2024-02ORDINANCE NO.2024-02
AN ORDINANCE AMENDING CHAPTER 66 (PERSONNEL), ARTICLE I (IN
GENERAL) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA PERTAINING
TO THE CITY SYSTEM OF PERSONNEL ADMINISTRATION.
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, is hereby 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
per-feffnanee merit ,
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 u means the personnel a&4soi=y beaFd.
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.
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 officerFiaa eia �--
(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) Chief information officer/information technology director
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(8) Director of economic development.
(9) Director of human resources.
Full-time employee is an individual regularly working, on average, at least 40 hours per
calendar week.
FLSA means the Fair Labor Standards Act of 1938 (as amended).
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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 leee paren& means these with day to day responsibilities to ear-e for- and finaneiia4y
J in the ease ef an employee,
who had saeh r-espensibilit�, for- the empleyee
when the employee . a ehild. n b.ielo,Yiea 1 ega of tiefi hip ; of r
Overtime work means time worked by an employee during a work period that exceeds 40
hours or, for police officers and firefighters, that exceeds the hours defined as the normal
work period.
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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.
Pay grade means a level in the pay plan 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 to a position whether an initial hire romotio
demotion, or transfer. In the case of law enforcement officers hired without certification, 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 hea!A eendition is an J J
hospital,that involves inpatient ear-e (defined 'Vht. stay in a
following:
(1) Any period of p ;tY ,- t.- .,tm «t in eenneetion withor- eonsequefA t t' t
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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. 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, promulgate and implement administrative regulations on personnel
management not inconsistent with this chapter. Such administrative regulations will generally
detail 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, the deputy city manager, and any
assistant city manager s 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 hi-s-designee shall be the appointing authority for all persons in
the career service and supporting seasonal, temporary or- paft time employees.
(8) The city attorney shall appoint the gLty =prosecutor, any assistant or special city
prosecutors, and any deputy -or assistant city attornev(s).
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. - Reserve Personnel a&isor-yboard generally.
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Sec. 66-8. -
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See. 66-8�- State and national criminal background checks of certain persons engaged
in City local employment (government services) as determined by the city council, as
designated in the schedule of 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, ither- paid or-volu-PAIeef5 of those engaged in specific city local government
employment positions, teethe. paid or -, eelu„ eer, designated in the schedule of city
employments e� � 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.
(b) An applicant or, employee, or volur*seeking to engage in city 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, if required, one set of his
fingerprints taken by the police department together with any necessary paperwork
required to conduct the necessary checks.
(c) Upon receipt of the fingerprints, the city shall transmit the fingerprints and appropriate
fee(s) to the Virginia State Police Central Criminal Records Exchange ("CCRE"). 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, which will
disseminate the state and national results to the human resources department.
(d) The human resources department shall (0 render a fitness determination based upon the
results of the criminal background check, of (2) disseminate the m „ is of the ^
(e) In rendering a fitness determination, the human resources department ^rother- eit-Y
genet' undeA king the detemiinatior will decide whether the record subject has been
convicted of (or is under pending indictment for) (i) a crime which bears upon
their 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) If an applicant is denied employment because of information appearing in their criminal
history record, the city shall notify the applicant that the information obtained from the
CCRE contributed to such denial. ZJ�r " era subject m request are r� Of
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(g) Nothing in this ordinance shall be construed to alter any process that the police
department uses in conducting law enforcement pre -employment 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 the city's
reclassification policy.
(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 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 director of any
changed conditions in their respective departments which may affect class specifications
and/or the position classification plan. The human resources 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) Overtime work.
(1) Employees that are subject to the overtime provisions of the FLSA who perform
necessary and/or assigned overtime work shall receive overtime pay, as determined
by the rules and regulations of the FLSA. Overtime pay shall be at the rate of I V2
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 are adhered to for nonexempt employees.
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(2) Overtime pay may be received only for work that is done on a mandatory basis
before or after an employee's regularly scheduled work bass -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 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 shall not be
eligible to receive overtime pay except with the prior approval of the city manager.
Sueh effipleyees who per-fefm necessafy work beyond their- nofmal working sehe"
may, however-, r-eeei at�ng tifne off on a limited basis and at the diser-
of the eit
(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.
(c) Employee 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).
(d) Retirement systems participation; 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 employees 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 with a minimum amount of service as established by the cijy manager and
documented in administrative regulation that retire maunder 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 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 director, city manager and department head and will not become a part of
the personnel file.
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(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 or longer if required b
a licable law or re lation.
Sec. 66-12. - Procedural guarantees for law enforcement officers.
The procedures established pursuant to this article shall apply to all non -probationary law
enforcement officers in the police department.
(1) Definitions. When used in this For the r„fposes of this section 66-12, the following
words, terms and phrases shall have the meanings espeet vely ascribed to them
herein in lieu of my definition that may be contained elsewhere in this chapter,
except where the context clearly indicates a different meaning by his subsepe*i^r:
Department means the 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 non -probationary 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 section 66-14 applieable administfutive '-egulation(o 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 Fairfax Circuit Court of Fair -fax 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. 66-13. - 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 fire department.
Emergency medical technician means any person employed solely by the
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.
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Firefighter means any person who is employed solely by theme 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.
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(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. 66-14. - Discipline and grievances; The ^yzTeoffimmete
I. PURPOSE=
This section sets forth the procedures for the discil-line of emLlloyees and the
employee grievance procedure.
II. POLICY.
It is the olicv of the city to resolve complaints arising in the workplace fairly and
promptly. The city seeks to encourage resolution of em to ee roblems an
com laints in an environment wherein em to ee may freely discuss their concerns
with management. Many workplace issues can be resolved or even prevented, through
effective interpersonal communication and Droblem-solviLig at the lower possible level
and earliest opportunity. To th xtent that em to ee concerns cannot be resole
flpough inte ersonal communication a Wevance prohed to afford
an immediate method for the resolution of disputes, which ma arise between the cily
and its emplo ees. An em to ee filing a grievance or participating in this the
'evance process of another em to ee may follow this gdevance process with
complete freedom from re nsal.
III. DEFINITIONS.
When used in this section 66-14, the following words, terms. and Dhrases shall have the
meanings ascribed to them herein in lieu of qny definition that may be contained elsewhere in
this chapter), except where the context clearly indicates a different meaning:
Employee means am non -probationary.. full-time and nart-time employee in the career
service of the city,including em to ees of constitutional officers and the re istrar if such
officers and the cit mana er have concurred in t e use of this rocedure and the ci fire
marshal city assessor, and fire ins ectors/inv s i ators assistant city fire marshals).
Excluded from the definition of employee are probationary employees and the following:
A. Appointees of elected gWMps or individuals.
B. Officials and em to ees who by charter or other law serve at the will or pleasure of an
appointing authority.
C. Deputy and assistant city manager Is
D. Department heads.
E. Employees whose terms of emloyment are limited by law.
F. Temporary, limited, and seasonal em}�lo; ees.
G. Law enforcement officers as defined in Code of Virginia. 2.1-116.1 et sM., whose
gdevance is subject to the provisions of Code of Virginia. 2.1-116.1 et seg., and who
have elected to proceed in accordance with the provisions of this procedure in
resolution of their grievance.
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Grievance means a com , laint or dispute by an em to ee relating to their employment.
The term "grievance" shall not be interpreted to mean negotiations of wages, salaries_ or
fringe benefits.
Immediate family includes parents, grandparents,ste arents mothers-in-law, fathers-in-
law -natural.and adopted children stepchildren,siblings, stgPsiblings, andchildre souses
domestic partners, aunts uncles first cousins and any individuals residing in the same
household as the sub'ect individual.
Management means those individuals in an employee's direct line of supervision from the
employee's immediate supervisor to the applicable city officer. inclusive.
Probationary means for the ose �f andemotion,em to ees in their robatio
period after a promotion.
Northern Vir inia means the Virginia component of the Washin ton-Arlington-
AlexandriDC-VA-MD-WV Metropolitan Statistical Area.
Working day means sole=ly for. u uses of calculating an notice provision in his sectio
each day that is not a Saturday, SundaL, or official ci holid
IV. DISCIPLINE.
Discil2linary action may be taken as a result of unsatisfactory job performance or
behavior. The-followi-pg kinds of disciplinary measures may be imposed, depending upon the
circumstances: oral admonishment, official written reprimand,. suspension, demotion, transfer,
reduction in nay, or dismissal.
A supervisor is responsible for oral admonishments and official reprimands. A
supervisor is also responsible for recommending suspension, demotion, transferreduction in
pay, or dismissal. A department head may supend an employee up xto a maximum of ten
working days and must noti , the Human Resources_ office of the sus ension. Su ension for
a longer period, reduction in pay, dismissal demotion and transfer request must be approved.
by the qit4 manager. The city manna er may dele ate the authority to wprove such
disciplinary actions.
An employee shall be given written notice before any disciplinary action. other than
oral admonishment or official reprimand, is executed. excelthat no written notice shall be
required in cases where the employee's actions Dose a threat to himself, other em io ees
and/or destruction of city roe . Disciplinary actio% other than oral admonishment or
official reprimand which is the result of unsatisfactory behavior may be implemented
immediately upon giving written notice if r uired, of such disciplinary action to the
employee.
Copies of written r rimands shall be submitted to the Human Resources department
and shall be made a part of the em to ee's official personnel file. The official personnel file
of each employee shall be available for their inspection during normal working hours.
V. GRIEVANCES.
A. Grievable issues
(a) Grievable complaints and dis_ utes include, but are not necessarily limited to,
g�ievances involving the followin :
(1) Formal disciplinaZ actions including dismissals disciplingy demotions and
suspensions. -provided that dismissals shall not be gievable when not resulti
from formal discipline or unsatisfactory job.performance or termination during the
probationary period;
(2) Application of personnel policies, procedures, rules? and regulations, including the
implication of policies involving matters referred to in parr aph [3] below and
demotions occurring within one year of apromotion;
12
(3) Discrimination on the basis of race, color_ creed, reli ion, political affiliation, age.
disability,national origin, se marital status pregnangy, childbirth or related
medical conditions -sexual orientation ender identity,or military status and
(4) Acts of retaliation as the result of the use of or participation in the grievance
procedure or because the em to ee has complied with my law f the United States
or of the Commonwealth of Virginia, has rMorted any violation of such law to a
overnmental authoritL has sou ht any change in law before the Con ess of the
United States or the General Assembly,or has r orted an incidence of fray
abuse: or gross mismanagement.
(b) The em to ee must state specific facts and circumstances in the 'evance to su ort
its gpevability. Mere alle ations of such actions or circ instances will not sumcart
grievability.
(c) For the pprposes of subparagraph (a)(4) above: there shall be a rebuttable presumption
that increasing the penaljy that is the subject of the gdevance at an level of the
grievance procedure shall be an act of retaliation.
B. Non-2rievable issues
The city retains the exclusive right to manage the affairs and operations of city
government. Accordingly, the following coMlaints are non-gdevable:
(a) Establishment and revision of wa es or salaries position classification or general
benefits:
(b) Work activity accepted by the em to ee as a condition of employment or work
activitN th:+t may reasonably be expected to be a part of the job content-
(c) The contents of ordinances, or established personnel policies, procedures, rules, an
regulations:
(d) Failure to promote, exce t where the employee can show that established romotional
policies or l2rocedures were not followed
(e) The methods means and personnel by which such work activities are to be carried on•
(f) Termination la off demotion,or suspension from dutiq5 because of a lack f
work
reduction in force or 'o abolitio exce t where such action affects an
em to ee who has been reinstated within the previous six (6) months as the result of
the final determination of a grievance. In any grievance brought under the ex
to�ara rapk the action shall be upheld jMon a showing by the city that:
(1) There was a valid business reason for the action; and
(2) The employee was notified_ o_ f the reason in writing prior to the_ effective date
of the action: (g) The hiring, romotio transfer, assignmentassignmmt and retention of employees within city
government.
C. Determination of access and mievability,
(a) Decisions re arding_gr-ievability and access to the goevan_ ce procedure shall be made
in writing by the city manager or designeg, within ten 10 calendar days following the
rgQuest. A copy of the ruling on the issue of jUievabilily shall be sent to the em to ee
and the head of the applicable city department. Issues of grievability, and access not
decided prior o l hearing shall be deeme v
(b) Decisions of the city manager or designee may be annealed to the Fairfax Circuit
Court for a hearing on the issue of grievability or access to this procedure.
(c) Proceedings for review of the decision of the city manager or designee shall be
instituted by the m to ee by filing a written notice of appeal with the cijymana er
within ten (10) calendar days following the date of receipt of the decision and gjyln a
copy thereof to all other arties.
(d) Within ten (10) calendar days following receipt of a written notice of anneal the city
manager or designee shall transmit the following to the Clerk of the Fairfax Circuit
13
Court: a copy of the gdevability decision of the city manager or designee, a CQPY of
the notice of a eal and any exhibits. A complete cony of the transmittal to the court
shall also be furnished to the employee. The failure of the city mana er or designee to
transmit the record to the court shall not prejudice the rights of the employee. The
couM on motion of the em la ee ma issue_a writ of certiorari requiring the city
manager to transmit the record on or before a certain date.
(e) Pursuant to Vir 'nia Code Section 2.2- 3006 B within thirty 30 days of recei t of
such record by the clerk the coy sitting without a " shall hear the appeal on the
record transmitted by the city manager and such additional evidence as may be
necessary to resolve My controversy as to the correctness of the record. The court, in
its discretion may receive such other evidence as the ends of justice mgy require. The
court may affirm & decision of the city manager or doigUgge, or it may reverse or
modi the decision. The decision of the court shall be rendered no later than fifteen
15 calendar days following. the date of the conclusion of the hearing. The decision
of the court is final and is not ao.ealable. Such determination of grievability shall be
made prior to the hearing before the panel as hereinafter provided anj to the extent
necessary. any scheduled panel hearing shall be delayed until after such determination_
is made.
D. Grievance Procedure
(a) Management stg s. St s I thnou&h III of the grievance procedure provide an
intermediate rocess for the resolution of complaints and disciplinay matters.
(1) General provisions.
a. The first management stq2 involves the employee's immediate supervisor. In
departments or offices with several levels of supervision, the d artment head
may specify the management level designated as the immediate supervisor for
grievance purposes.
b. In disci lin n matters, Steps 1, 11 and III may be waived by written a eemen
of both the employee and the appropriate levels of management.
c. In grievances in which the action grieved (whether disciplinai � or otherwise
was taken_b _ the em to ee's dgpartrnent director, or the department director is
the employee's immediate supervisor. Steps II and I_II of the procedure shall be
combined.
d. In gdevances in which the action grieved [whether disciplinary or otherwise)
was taken by a_person in the employee's direct line of supervision, or such
person is the em to ee's immediate su ervis r Steps II and III shall be
combined.
e. Personal face-to-face meetin Js in person or virtually between the a ro nate
level of management and the em to ee are required at all steps of the
trocedure.
f. With the exception of Step III,, the only persons who may normally be present
in the management step meetings are the em to ee the a ro riate manager at
the level at which the grievance is being heard. and Mropriate witnesses for
each side. Witnesses shall be present in the management step meetipgs onl
while actually providing testimony.
g. At Step III, the emplo ee and management may each have a representative of
their choice. If the employee is represented by legal _counsel, management
likewise has the option of being represented by counsel. When an employee is
represented. any cost of r resentation is at the em to ee's ex ense.
h. All gnevances processed through management Steps 11 and III shall be
processed on forms provided by the city. The human resources director will
provide procedural assistance to both parties in the completion of grievance
forms.
i. Once a gievance has been reduced to writing,it may not be changed or
amended unless agreed to by the employee and the level of management at that
14
st . ALiy different or additional grievance issues must be ursued throw h a
s arate . evance proceeding.
j. Date of receipt is determined by the date of hand deliveU or by the date
indicated by a commercial carrier or the U.S. Postal Service that deliv was
made to the employee's address on record with the city.
k. For St s I throwthroAgh III the supervisor department director, or city manager,, as
applicable may designate a representative to serve in their stead, in which case
such representative shall perform all the functions of the su ervisor
department director or city mana er reguired by this article. For all st s of
the grievance procedure; including the evance panel step, the human
resources director may designate a representative to serve in the human
resources director's stead.
1. If a violation of any of the Ste s occur, then the party in non-compliance must
be notified in writing and gliven at least five 5 working days to cure the
violation.
(2) Steb I.I.
a. An _ employee who feels aggrieved may bring the situation to the attention of
the employee's immediate supervisor, or other su ervisor when the grievance
involves the immediate su ervisor's behavior or conducL e2mlaining the nature
of the problem and the suggested solution. This stela is intended to be an
informal, initial processing of the employee's com lain s) by the immediate
supervisor through a nonwritten, discussion format.
b. While the complaint need not be reduced to writiri&_at this step, the supervisor
should routinely document this action. Any such com faint oLgrievance shall
be made within twent 20 calendar days- after the event or action which is the
basis for the gdevance. The supervisor shall pro=tly discuss the gdevance
with the em to ee and make a careful inquinLinto the facts and circumstances
of the complaint.
c. Within ten (10) working days following the supervisor's discussion of the
'evance with the em tolee, the su ervisor will res and either verbally or in.
writing, to the employee, either approving or denying theemploy ee's
requested relief.
(3) Sty
a. If the arievance is not settled by the immediate siMervisor to the satisfaction of
the em to ee the =lo
yeemay continue to Stop II by reducing the gnevance
to writing on a form provided by the human resources director.
b. The employee must present the written gdevance to the department head
through the employee's immediate supervisor, within ten (10) working days
following the date on which the supervisor responded at Step I. The
employee's written grievance must include the specific relief the employee
ex cts to obtain.
c. Within ten 10) working days following receipt of the written grievanee,k the
department head shall meet and discuss the grievance with the employee. Only
the employee, the department head. and a ro riate witnesses for both sides
may be present. Witnesses shall be present only while t2roviding testimon .
Within ten 10 working. days following such meeting,the d artment head
shall respond in writing on the grievance form and include both the date of the
meeting and the date of the department_ head's decision. The department head
shall return the grievance form to the employee, who shall sign and date it.
The department head shall provide a copy of the signed glievance form to the
human resources director.
15
(4) Sty
a. If the response of the department _head at Step II does not resolve the
evance the em to ee may appeal to the city manager within ten .10
working dayS following receipt of the written response of the department head
at Sto II. The em to ee must submit the aWeal to the city manager in writing
on the gdevance form.
b. At this stage, the _gmplo ee may have a representative present. If the employee
is represented b legal counsel, the city manager may elect to have legal
counsel present.
C. Within ten 10 working days following receipt of the written grievance. the
cily manager shall meet and discuss the giievance with the employee. Within
ten 10 working days following such meeting, the ci manager shall remand
in writing on the grievance form and include both the date of the meeting and
the date of the city manager's decision. The city manager shall send a copy of
the grievance form to the em to ee by hand delive or by commercial carrier
or the U.S. Postal Service which shall provide delivM confirmation to the
employee's address on record with the city. The city manager shall provide a
cony of the signed grievance form to the human resources director.
(b) Panel hearinv.
(1) Request fora panel hearin ..
a. A panel hearing may be rQquested when the city manager's response at Stgp III
of the gdevance procedure does not resolve the ievance.
Within ten 10 working day of receipt of the city manager's decision, the
employee must make a request for a panel hearing to the human resources
director, in writing on the grievance form_ and must also submit a Hanel
hearing request, using a form provided by the human resources director. The
panel hearing request form shall include the name of the panel member
selected by the em to ee and the name of the em to ee's legal counsel
(2) Hearing officer and panel selection.
a. A Hearing Officer shall be appointed as provided herein, to be an impartial
party to preside over the panel hearing and who will be responsible for
organizing and conducting the hearing and implementing procedure.
b. The Hearing Officer will be selected by the cily manager from a list of
candidates who have a lied for the position. The Hearing Officer must be an
attorney admitted to practice in Virginia, in ood standing, with at least five
years of experience. The attorney does not have to be actively practicing law.
The Hearing Officer shall not be an elected or a ointed official of the ci or a
city em lo' ee or an immediate famiN member of my of the fore oin or an
arty to the grievance.
c. A list of pre-qualifpW panelists will e comprised of at least Lhree La but not
more than ten 10 individuals who must be residents of the citLWho will be
appointed for a three-year term by the city council.
d. A list of the pre -qualified panelists will be provided to the em to ee.
e. Panel members for a particular hearing shall be selected in the following
manner: one selected by the em to ee one selected by the ci manager or
desi ee and the third member selected by the other two 2 members.
Selection of the city manager or designee's panel member shall be made within
ten 10 working days following receipt of the rogugst for panel hearing. After
the city manager or designee has selected a panel member the human
resources director shall notify the two LZLmembers of their selection to serve
on the panel. The two (21 panel members shall then select a third member
within five 5 working. days following receipt of the notification of their
selection as Danel members; provided, however, this period may be extended
an additional five (5) working days by the two panel members, if necessary, lf
16
the selected member cannot serve_ on the panel, then the city manager or
designee will select another panel member until one who can serve is selected.
f. In the event that agreement cannot be reached between the two ointed
anel members as to the third panel member, the city manager or desi ee
shall select such third panel member. The third member whether selected b
agreement f the two appointed panel members or by the city manager or
desi . ee shall serve as the chaff erson of the panel.
g. The 12anel is an impartial body selected to hear and decide the grievance on its
merits. Therefore in order to provide an im artial anel and to ensure the
protection of city employees, the following persons may not serve as panel
members or a Hearing Officer:
1. Immediate family of any, participant in the g1jevance procedure.
2. Supervisors and managers who are in a direct line of supervision of the
employee.
3. Deputies and assistants in the city manager's office and the ci_t attorney's
office and em to ees of the human resources dcpartment.
4. Employees in the same dMartment as the employee.
5. Ally person having direct involvement with the 'evance being heard b
the panel, including any rqpresentative of the gm to ee or witness who has
been involved at Steps I through III.
6. Any attorney having direct involvement with the subject matter or a
partner, associate, employee, co -employee, or client of such attorney.
7. Persons who are or have been residents of the same household as the
employee.
h. Any person selected as a panel member may decline appointment, in which
case the appropriate party must make another selection within five (5) working -
days following notice to the human resources director that the selected person
has declined appointment.
(3) Panel procedure.
a. The Hearing Officer will set up a pre -hearing. conference within thirty f301
days after the t2anel is selected. If one or more of the parties does not re and
in a timely manner to the Hearing Officer's request to schedule a re-hearin
conference, the Hearing Officer has the authority to set a reasonable hearin
date and so inform the parties.
b. During the pre -hearing conference the Hearing Officer will coordinate a date
and time with the 12arties fora panel hearin
c. The hearing,must be held in City . Hall unless the -parties _arties and the Hearing
Officer mutually agree to another site.
d. All panel hearings shall commence within three (3) months following the date
of the Step III decision unless the em loyee. the human resources director. and
the city attorney, if involved, mutually agree to extend the three (3) month
e
e. Parties to the gdevance shall not discuss the substance of any gdevance or the
problem giving rise to the grievance with anvanel members or the Hearing
Officer prior to the hearin .
f The Hearing Officer will coordinate the panel hearing and may correspond
with panel members the em to ee the gm to ee's legal counsel witnesses
and others directly., on behalf of the panel.
g. The Hearing Officer will provide the panel with copies of the 'evance record
prior to the hc4dng and provide the em to ee with a list of the documents
17
furnished to the panel at least ten (10) days prior to the scheduled panel
hearing. Documents, exhibits, and a list of witnesses shall be exchanged
between the em to ee's 1 al counsel and management's legal counsel at least
seven days prior to the scheduled panel hearim unless otherwise agreed. If
the employee is not represented by legal counsel, the parties shall provide such
material to the Hearing Officer at least seven 7 days prior to the scheduled
panel hearing,and the Hearing Officer will coordinate the exchange of the
material. Upon the written rgquest_of the employee or the employee's
representative fourteen (14) days before the hearing, the Hearing Officer shall
rule on the em to ee's re quest for access to and copies of city files the
em to ee rpQuests to review and use in the evance roceedin .
h. The Hearing Officerwith the mutual_ agreement of the city's designated
ated
r_ e»resentative and the emnloy_ee. may extend the time periods applicable to the
panel procedures.
(4) Conduct of the panel hearing.
a. The Panel Hearing is not a ublic hearin and shall be closed to protect the
employee's privacy unless both the employee and the city agree otherwise,
Only the Hearing Officer, the panel members, the employee, the employee's
legal counsel or other representative, the city's designated representative, the
city's legal counsel, the witness who is testifying, and the court reporter,. if any=
shall be present at the hearing. If open, the Hearing Officer shall nevertheless
have full power and authori1y to close portions of the hearing and to determine
what persons not having a direct involvement in the proceedings may remain
in the hearing room. Witnesses, other than the employee and the citLs.
designated representative, shall remain in the hearing room only while diving
their testimony and shall not discuss their testimony with any other witness
until after the hearing. Em to ees of the human resources dglartment will be
resent throughout any hearing excgpt when the panel is deliberating. The
anel ma seek the advice of onl the Hearing. Officer on grievance -procedure
questions.
b. The employee may be represented by legal counsel at the employee's own
expense. If the emplovee is represented by legal counsel, the city may likewise
be re resented by counsel.
c. The hearing must be recorded verbatim by the Hearing Officer to create a
record should there be an administrative or judicial review of the hearin
decision. Additional recordings (either audio or video) or photographing of the
grievance proceedings by other than a court reporter pursuant to this section
are prohibited(although in such event the verbatim recording requirement by
the Hearing Officer shall still be applicable
d. The Hearing Officer shall conduct the hearing with all members of the an
resent.
e. The Hearing Officer has the authority to determine the admissibility of
evidence without regard to the burden of proof or the order of presentation of
the evidence so long as a full and equal opportunity is afforded to all gagies
for the presentation of their evidence.
f. At the option of each party, o eninp.. statements may be made at the beginning
of the hearing setting forth the issue(s) and the Hearing Officer may_ ask for
such statements in order to clarify the issues) involved in the grievance. If
opening statements are made the m to ee or the em to ee's legal counsel
shall begi% followed by the city's legal counsel or the city's designated
representative.
g. The Hearing Officer has no subl2oena power to com el the attendance of
witnesses in the grievance procedure. The Hearing Officer may, however, at
the r uest of either paM or in its own discretion, request the voluntary
18
appearance of witnesses. Witnesses who are employees of the city, hall appear
as witnesses if so directed bv the city manager. Witnesses shall be permitted in
the hearing room only whenivin their testimony. The sworn statement of an
absent or unavailable witness shall be received as evidence.
h. The panel hearing is an administrative process and is not meant to be
conducted like proceedings in court. The Hearing Officer is not bound by
technical rules of evidence and shall take into account all reliable and
substantial evidence produced at the hearing. It is within the province of the
Hearing Officer to determine relevancy and materiality. The Hearing Officer
may require either 12art to demonstrate relevangy and materiality of an.
evidence and the need for any requested extensions of the Hearing Officer.
i. All evidence shall be resented in the presence of the panel and the parties.
The employee shall present evidence first.
j. Evidence may be presented by the em to ' ee along with any exhibits which
shall be marked and made a art of the record. The panel may uestion an
witness including the employee, and the employee or his counsel may
__question any witness. The city's designated representative or legal counsel
re resentin _ the city m&.also Question witnesses and present evidence in the
same manner afforded the employee_
k. The panel shall deal only with the substance of the particular grievance before
it. Evidence and testimony as to how other employees or situations have been
handled in the past are not relevant. No personnel file or record may —be
examined by the 2anel or introduced into vidence exccuLt that of the
employee.
The Hearing Officer may decide procedural questions and rule upon objections
raised during the course of the hearing.
m. The parties shall produce such additional evidence as rerluired by the panel.
n. After both pagiLs have had the opportunity to present their evidence the
Hearing Officer shall inQwrQ of b th parties whether they have
evidence. Upon the conclusion of the presentation of evidence. each of the
parties shall be given the opportunity to make closing statements, following
which the hearing shall close, and the panel shall retire to _ begin its
deliberation. If closing statements are made,. the em loyee or the emplo ee's
legal counsel shall make a closing argmenL followed by the city's legal
counsel or the ci 's desi rated representative.
o. At the request of either party, a court reporter shall record the grievance
hearing, with the arty making the rgguest bearing the cost of the court
reporter's appearance fee. Any party ordering a copy -of the transcript of the
hearing shall bear the cost thereof.
(5) _Panel decision.
a. The panel shall render its decision in writing within ten (10) working days of
the conclusion of the hearing unless the panel by majority vote extends the
time period, 1M to a maximum of ten 10 additional workingda s.
b. The panel shall state in writing the reasons for its decision in the written format
provided by the Hearing Officer. Coies of the decision shall be transmitted to
the Hearing Officer who will then transmit copies_ of the decision to the
employee, the employee's attorney, the city's legal counsel, and the city's
designated representative, as applicable.
c. The panel shall decide the case on the merits, not on whether there has been
compliance with the procedural r uirements of this article.
19
d. The panel does not have the authority to formulate policies or procedures or to
alter existing policies and procedures. The panel is not empowered to
establish or modifyjab standards job requirements, or performance standards
nor may the anel determine or charge an employee's evaluation ratin ; The
panel shall m _ e its deci ion within the following standards of review:
1. The panel shall uphold the ci 's action if the evidence shows that the
action taken pursuant to the -policies and procedures of the city were
reasonable. If the panel finds that the char es were not reasonable the
panel has the same authority and limitations as management to determine
the appropriate charges and disciplinary action in accordance with
applicable city policy.
2. In grievances involving termination for wmatisfapLoU work performance,
failure to meet 'ob standards unacceptable attendance. and job
abandonment.- the iaanel shall uphold the citv's action if it determines that
the action was reasonable under the circumstances.
3. In grievances involving complaints regarding -application of poliEy,
discrimination. and other non-disciplina�y_issues, the panel will determine
if policies and procedures have been appropriately apDlied.
4. The panel does not have the authority (i) to promote assign or transfer
employees, to establish salaries, or to take any other action which is in the
purview of management -rights, or ii to award back pay or benefits
damages, or attorneys' fees.
5. The panel does_ not have the authority to consider determinations of access
or g!jevability, or of compliance,
6. The majority decision of the panel, acting within the scope of its authorit
shall be final provided it is consistent with provisions of law and the ci 's
policies and procedures.
7. The Hearing Officer may emand to the panel for further consideration a
decision which appears to be inc nsi tot withprovisions of law or the
ci 's policies and procedures. All parties will be notified when a decision
is remanded. All three (3)' panel members must participate in the decision_
making process following remand.
e. The question of whether the relief Uanted by the panel is consistent with the
cit 's olicies and procedures shall be determined by the city manager or
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 Mayor of the City.
f. The cily manager, after consultation with the human resources director has
discretion to order all or some back pay and/or benefits to the em to ee if the
panel finds that the charges or action taken by the city were not reasonable.
g. If either refuses to implement a panel decision the other party ma
etition the Fairfax Circuit Court to enforce the decision.
E. Time periods.
(a) It is intended that ed attention to em to ee evances be romoted consistent
with the ability of the parties to prepare for a fair consideration of the issues of
concern.
(b) If the due date for anv act falls on a Saturday. Sunday:} or official city holiday, the next
business da shall become the due date.
(c) The time eriods outlined in this article constitute substantial lsrocedural requirements.
Such time periods may be reasonably extended how ver by mutual agreement
20
between the employee and the appropriate level of management to whom the time
period is applicable.
(d) Date of receipt is the date of hand delivery or the date indicated by a commercial
carrier that delivea was made to the employee's address of record with the city,
F. Comlliance,
(a) Grievants have the responsibility to report as directed for all steps in the grievance
procedure and shall make themselves available for all meetings involving, disciplinary
matters even when on leave.
(b) Employees who are called as witnesses in a grievance shall report as directed for all
steps in the procedure. even when on administrative leave.
(c) The human resources director will provide procedural information and_guLdance to
employees and management, on issues of access grievability, and compliance.
(d) After the initial filing of a written grievance, failure of either Rarty to comply with all
substantial procedural requirements of the grievance procedure, without just cause,
shall result in a decision in favor of the other Bart n an _t devable issue, provided
the party not in compliance fails to correct the noncompliance within five (5) working,
days following receipt of written notification by the other paM of the com liance
.violation. Such written notification by the em loyee shall be made to the city manager
or designee.
(e) The city mana er or designee mgy require a clear written -explanation of the basis for
just cause extensions or exc tions. The city,manager or designee shall determine
compliance issues. Compliance determinations made by the city manager or desipee
shall be subject to judicial review by the filing of a_petition with the Fairfax Circuit
Court within thirty (30) days following the compliance determination.
momwommi
lip No
aan
M-0 ELTprwpvtfmn Prim".
21
Sees. 66-1517-66-40. - Reserved."
This Ordinance shall become effective as provided by law.
INTRODUCED: February 13, 2024
PUBLIC HEARING: March 12, 2024
ENACTED: March 12, 2024
Mayor
ATTEST: Date
Clerk
VOTE:
Mayor Read
Aye
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Absent
Councilmember Lim
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
22