19910924 1991-23ORDINANCE NO. 1991- 23
AN ORDINANCEAMENDING SECTIONS 17-1;
17-2 (h); 17-6(g); 17-10 (a) (b) and
(f); 17-12 (a) and (b); and 17-13 OF
ARTICLE 1, CHAPTER 17 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA
CONCERNING GRIEVANCE PROCEDURE,
LEAVE AND OVERTIME, AND DELEGATION
OF AUTHORITY BY THE CITY MANAGER.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Sections 17-1; 17-2 (h); 17-6
(g); 17-10 (a) (b) and (f); 17-12 (a) and (b); and 17-13
of Article I, Chapter 17 of the Code of the City of
Fairfax, Virginia are hereby amended to read as follows:
Sec. 17-1. Purpose of chapter.
The purpose of this chapter is to provide for a
system of personnel administration for the city based on
merit 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 handicap which will not
interfere with the adequate performance of duties.
Sec. 17-2. Definit______ions.
City manager's personal staff. Professional and
technical staff immediately responsible to the city
manager and serving at his pleasure, including the
ity ..... t~..t ~ ~
~ assistant c manager~..~-~ ~--~- ~- ~ ..... ~--~ ~
ma~a~le~.
, *
1991-23
Department Head.
to as department head.
The following shall be referred
Assistant city manaqer
Sec. 17-6. Personnel advisory board generally.
(g) The personnel director manager shall coordinate
all personnel advisory board hearings, shall be the
custodian of all grievances reviewed by the personnel
advisory board and shall maintain custody of all
personnel advisory board records.
Sec. 17-10. Employee compensation.
(a) Pay plan. It shall be the responsibility of
the personnel manager director to review the position
classification plan periodically to ascertain whether it
corresponds to existing conditions in the city service
and to keep the class specifications current and
realistic. It is the responsibility of all department
heads to inform the personnel manager ~ of any
changed conditions in their respective departments which
may affect class specifications and/or the position
classification plan.
The personnel ~ manaqer shall prepare and
recommend to the city manager a pay plan in accordance
with an annual review me~e. The city manager shall then
review and recommend a pay plan to the city council.
The city council shall adopt a pay plan simultaneous
with the adoption of the annual budget. The city
manager may adjust the pay plan during the year as
necessary by a reclassification or a title change in
conjunction with the continual review of "~-~ .... ~
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1991-23
class specifications and comparable salary information.
The pay plan shall consist of two (2) basic parts as
follows:
(b) Normal entrance salary. New appointments shall
normally be made at the first step of the appropriate
pay grade. However, appointments may be made above the
minimum rate based upon the difficulty in filling the
position or exceptional qualifications of the new
employee, subject to prior approval by the city manager
or his designee. An annual report will be submitted to
the city council in January which will include all
appointments made above the minimum step during each
quarter.
(f) Overtime work. Employees that are subject to
the overtime provisions of the Fair Labor Standards Act
who perform necessary and/or assigned overtime work
shall h .... ~A~~_~_~..~ _~ ~ ~ ..~ ~ ~
~A_ ~ .... ~_~ .... ~ receive overtime pay as
determined by the rules and regulations of the Fair
Labor Standards Act~A~A~-~ ~.. ~A ~ .... ~-~-~ ~
Overtime pay shall be at the rate of one
and one-half (1 1/2) times the regular rate of pay.
Career employees must work necessary and/or assigned
overtime work as directed by their supervisor. Flexible
schedules and compensatory time may be granted to a work
group with the city manager's approval providing all
guidelines of the Fair Labor Standards Act are adhered
to for non-exempt employees.
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1991-23
All overtime pay must be approved by the
appropriate department head and shall normally be
limited to employees in pay grade~ 19 and below.
Department heads and the city manager's personal staff
who are classified as exempt from the Fair Labor
Standards Act shall not be eligible to receive overtime
pay except with the prior approval of the city manager.
Such employees who perform necessary work beyond their
normal working schedule, may, however, receive
compensating time off on a limited basis and at the
discretion of the city manager.
Employees in pay grade~ 20 and above, 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.
Sec. 17-12. Holidays and leave.
(a) Holidays
Employees in regular part-time positions working
(10) hours or more each week shall ~
ten
~ .... ~A_ A~ ~A _~ ......... ' be paid for holidays in
proportion to hours scheduled to be worked in the week
in which a holiday falls.
* *
(b) Annual and Sick Leave
* *
(1) Annual leave.
* *
Except in cases of illness or emergencies,
leave must be approved in advance. The
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1991-23
(2)
minimum leave increment is one half (1/2) hour
for employees covered under the Fair Labor
Standards Act. Due to the hours of work in
the fire and rescue services, individuals who
work other than a forty-hour schedule will
take leave on a prorated basis in accordance
with administrative regulation 7-2 as may be
amended from time to time. Each full-time
employee can accrue up to three hundred (300)
hours o__f annual leave.
implemented in accordance
administrative regulation 7-2.
This will be
with current
Sick leave. Sick leave shall be accrued by
full-time employees on a basis of four (4)
hours for each two-week pay periodT~ T_~he
minimum leave increment is one-half (1/2) hour
for employees covered under the Fair Labor
Standards Act. Part-time employees who work
ten (10) hours or more each week shall~--~he
~ .... ~__ _~ ~A _~ ......... ~ sick
~~v,. v~ ~,,~ ~ ,,,~,,~; accrue
leave on a proportionate basis in accordance
with the number of hours worked. Those
working fewer than ten (10) hours each week
shall not be eligible for this benefit. ~e
Sec. 17-13. Discipline and qrievances.
(a) Coverage of personnel. Covered by the
grievance procedure are all permanent non-probationary
full and part-time employees in the career service of
the city, including employees of constitutional officers
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and the registrar, if such officers and the registrar
have concurred in the use of this procedure. Excluded
fro .............
Pursuant to the
authority of section 15.1-7.2 C.2 of the Code of
Virginia, 1950, as amended, the city fire marshal, city
assessor, and fire inspectors/investiqators (assistant
city fire marshals) are included within the coverage of
this grievance procedure.
Excluded from the procedure
employees and the following:
are probationary
Appointees of elected groups or
individuals.
(2) Officials and employees who by charter or
other law serve at the will or pleasure
of an appointing authority.
(3) Assistant city manager, deputies and
executive assistants to the city manager.
(4) Department heads.
(5) Employees whose terms of employment are
limited by law,
(6) Temporary, limited term, and seasonal
employees.
(7) Law enforcement officers as defined in
Chapter 10.1 (Section 2.1-116.1 et seq.)
of Title 2.1 of the Code of Virginia,
1950, as amended, whose grievance is
subject to the provisions of Chapter 10.1
and who have elected to proceed in
accordance with the provisions of
subsection (fl of Section 17-12.1 in
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1991-23
resolution of their qrievance.
The city manaqer, or his desiqnee, shall
determine the officers and employees excluded
from the qrievance procedure, and shall
maintain in the personnel office an up-to-date
list of the excluded positions.
(b) Disciplinary action. Disciplinary action may be
taken as a result of unsatisfactory job performance or
behavior. The following kinds of disciplinary measures
may be imposed, depending upon the circumstances: Oral
admonishment, official reprimand, suspension, demotion,
transfer, reduction in pay or dismissal.
(c) Authority to discipline. A supervisor has the
responsibility for oral admonishment and official
reprimands and for recommending other action. A
department head may suspend an employee up to a maximum
of ten (10) working days and must notify the office of
personnel of the suspension. Suspension for a longer
period, reduction in pay, dismissal, demotion and
transfer request must be approved by the city manager.
The city manager may delegate the authority to approve
cti0 - ~-
h discipli ary _
suc n a ns. ~ ..............
(d) Notification. An employee shall be given
written notice before any disciplinary action, other
than oral admonishment or official reprimand, is
executed, except that no written notice shall be
required in cases where the employee's actions pose a
threat to himself, other employees and/or destruction of
city property. Disciplinary action, other than oral
admonishment or official reprimand, which is the result
of unsatisfactory behavior, may be effected immediately
upon giving written notice of such disciplinary action
to the employee, except that no written notice shall be
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1991-23
required in cases where the employee's actions pose a
threat to himself, other employees and/or destruction of
city property. Disciplinary action, other than oral
admonishment or official reprimand, which is the result
of unsatisfactory work performance will not be effected
until a second written notice of such action is given
the employee, except that no written notice shall be
required in cases where the employee's actions pose a
threat to himself, other employees and/or destruction of
city property. No written notice shall be required
prior to effecting an oral admonishment or official
reprimand. The official personnel file of each employee
shall be available for his inspection during normal
working hours. Copies of written reprimands shall be
submitted to the personnel department and shall be made
a part of the employee's official personnel file.
(e) Grievances. The city grievance procedure is
designed to ensure that employees have an effective
means by which their grievances may be fairly and
objectively reviewed. The procedure provides a
mechanism for employees to address grievances and should
not be substituted for the chain of command.
(1) Definition. A grievance is a complaint or
dispute by an employee relating to his
employment, including, but not necessarily
limited to, (i) disciplinary actions involving
dismissals, disciplinary demotions~ and
suspensions, provided that dismissals shall be
grievable whether resulting from formal
discipline or unsatisfactory job performance;
(ii) ............. ~-- the application --
...... ~ ......... of personnel policies,
procedures, rules~ and regulations, and the
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1991-23
application of policies involving matter~
referred to in (c) below; (iii) acts of
~ retali______~ation as the result of
utilization of the grievance procedure or ~
participation in the grievance of another city
employee; and (iv) complaints of
discrimination on the basis of race, color,
creed, sex, political affiliation, age,
· .~..~~--~-~- disability, or national origins;and
(v) acts of retaliation because the employee
has complied with any law of the United States
or of the Commonwealth, has reported any
violation of such law to a governmental
authority, or has sought any change in law
before the Congress of the United States or
the General Assembly. Complaints shall be
nongrievable where they involve: (a)
establishment and revision of wages or
salaries, position classification or general
benefits; '~' ~ ............ ~ ~-~ ....... ant
........ .... ....... ; (e
work activity accepted by the employee as a
condition of emplo~ent or work activity which
may be reasonably expected to be part o~ the
~ob content; (~ ~) the contents of
ordinances, statutes or established personnel
policies, procedures, rules and regulations;
(e ~) failure to promote except ~here the
employee can show that established promotional
policies or procedures were not followed or
applied fairly; (~ ~) the methods, means and
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1991-23
(2)
personnel by which such work activities are to
be carried on; (~ ~) 6~sehe~3e termination,
layoff~ demotion, or suspension from duties
because of lack of work, reduction in work
force, or job abolition, except where such
action affects an employee who has been
reinstated within the previous six (6) months
as a result of the final determination of a
grievance. In any grievance brought under the
exception to item (~ ~), the action shall be
upheld upon a showing by the city that: (1)
there was valid business reason for the
action~ and (2) the employee was notified of
such reason in writing prior to the effective
date of the action; (h ~) management rights as
listed in section 17-13 . U~, ........
--~ ....... grievabilit¥ and
Determination of a ~ .........
access to the procedure. Decisions regarding
qrievabilit¥ and access to the procedure
.................... ~ ....... c shall be made
the city manager or his designee, at any time
prior to the panel hearinq at the request of
the grievant or the city, and the decision
shall be made within ten (10) calendar days of
receipt of a written request. ~
-~ ......... A copy of the ruling shall be
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1991-23
sent to the grievant and the head of the
employing department.
Decisions of the city manager or his designee
may be appealed by the grievant to the Fairfax
County Circuit Court _~ .... ~ ..... ~ _~ ~A
..... 6.. for a hearing ~ on the issue of
grievability or access to this procedure.
Proceedings for review of the decision of the
city manager or his designee shall be
instituted by the grievant filing a notice of
appeal with the city manager within ten (10)
calendar~days from ~ the date of receipt
of the decision and giving a copy thereof to
all other parties. Within ten (10) calendar
days thereafter, the city manager or his
designee shall transmit to the C_elerk of the
Fairfax County Circuit Court: court a copy of
the decision of the city manager, a copy of
the notice of appeal and the e~y exhibits. A
list of the evidence furnished to the court
shall also be furnished to the grievant.
Failure of the city manager or his designee to
transmit the e record within the time allowed
shall not prejudice the rights of the
grievant. The court, on motion of the
grievant, may issue a writ of certiorari
requiring the city manager to transmit the
record on or before a certain date.
Within thirty (30) days of t-he receipt of such
records by the clerk~ ~ ~ c~urt A~ ~
· ~, the court, sitting without a jury,
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1991-23
(3)
shall hear the appeal on the record
transmitted by the city manager or his
designee and such additional evidence as may
be necessary to resolve any controversy as to
the correctness of the record. The court, in
its discretion, may receive such other
evidence as the ends of justice require. The
court may affirm the decision of the city
manager or his desiqnee or may reverse or
modify the decision. The decision of the
court ~- ~ --~ _A~ ..... ~_~A shall be
rendered no later than the fifteenth day from
the date of the conclusion of the hearinq.
The decision of the Court is final and not
appealable. Such determination of
grievability shall be made -"~ ...... ~ ~ ~
prior to the hearing before the personnel
board as hereinafter provided, m~..~ ~ ...... ~
Grievance procedure. Employee grievancesT
e~, shall be processed as follows:
a. Step one. A grievance must be raised
within ~ twenty (20) calendar days
after the event giving rise to the
grievance, or within ~ twenty (20)
calendar days following the time when the
employee reasonably should have known of
its occurrence. The grievant shall
discuss the matter with his immediate
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be
Ce
supervisor who shall attempt to adjust
the matter and must respond orally to the
grievant within three (3) work days.
Step two. If the grievance is not
settled by the immediate supervisor to
the satisfaction of the grievant, he mey
shall present his grievance in writing,
through his immediate supervisors, to the
appropriate department head within five
(5) work days after the decision of the
supervisor. The department head shall
hear the e~ grievance in a face to
face meeting within five (5) work days of
receipt of the ~ grievance. At this
stage, only the grievant, the appropriate
department head and appropriate witnesses
for both sides may be present. Witnesses
shall be present only while actually
providing testimony. The department head
shall render his decision in writing
within five (5) work days after this
hearing. If the immediate supervisor is
the department head, steps one and two
shall be consolidated into a single step.
Step three. If the grievant is not
satisfied with the decision of the
department head, he may file a written
appeal to the city manager within seven
(7) work days of the decision of the
department head, who shall hear his
~ grievance in a face to face
meeting within seven (7) work days of
receipt of the written ~ grievance
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1991-23
do
and render a decision within five (5)
work days after the hearing. The city
manager or his desiqnee .... ~ .... ~
~-- shall hea and ~ ~ : - ~--~
decide step three grievances. ~
~ ~ ~ ~__~, th~
--~ ..... ~ ~~ -- cmplcycc d~partmcnt
-~ ~=-~-~-~--~-- thi
..................... At s stage, the
grievant may have present a
representative of his choice. If the
grievant is represented by legal counsel,
the city manager may elect to ~
~z attcrncy prcz~nt be represented by
legal counsel.
Step four. If the grievant is not
satisfied with the decision of the city
manager or his desiqnee, he may file a
written appeal~ to the personnel advisory
board within ten (10) calendar days of
notification by the city manager of his
decision. The written appeal to the
personnel advisory board shall be filed
with the city manager. If there has been
no determination of grievability during
the management steps of the grievance,
the city manager shall make a
determination whether or not the
grievance qualifies for a personnel
advisory board hearing within ten (10)
calendar we~ days of the receipt of the
appeal. The city manager's determination
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1991-23
eo
shall be based on whether or not the
matter is grievable. In the event the
city manager does not qualify a grievance
for a hearing and that it is his
determination that the matter is not
grievable, the grievant may appeal that
decision to the Fairfax County Ceircuit
~eourt for determination of grievability
as provided in section 17-13 (e) (2),
Dctcr~r~.ination of ~ricvanca. If the city
manager qualifies the grievance for a
personnel advisory board hearing, then he
shall forward the grievance to the
personnel advisory board within ten (10)
~ calendar days of the receipt of the
written appeal to the personnel advisory
board. The personnel advisory board
shall hear the e~ grievance within
ten (10) caleDdar ~ days of the
receipt of the notice of qualification.
If the issue of grievability has already
been determined by the city manager or
the circuit court during the management
steps, the city manager shall forward the
grievance to the personnel advisory board
for a hearing within ten (10) calendar
days of receipt of said appeal.
Step five. The hearing before the
personnel advisory board shall be
conducted in accordance with the rules of
conduct and procedure for such hearings
as promulgated by the city manager by
administrative regulation in accordanc~
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with state law
the city may
~ ~ = by ~-
Both the grievant and
call upon appropriate
witnesses and be represented by legal
counsel or other representatives at the
panel hearing. Such representatives may
examine, cross-examine, question and
present evidence on behalf of the
grievant or respondent before the Board.
The board shall hear the appeal grievance
within ~ thirty (30) work days after
receipte of the written appeal and submit its
decision to the city manager, and mail a copy
thereof to the grievant or his representative
within ten (10) work days of the date the
hearing is closed. If, for just cause ePae-~e
............ ~ ~ -- -' the board cannot
schedule the hearing within~thirty
(30) work days, the grievant will be informed
in writing of the reason for the delay and
when ~ .......... ~ the hearing will ~
......... ~ ~ ~ be
scheduled. The city manaqer or his designe~
may require a clear written explanation of the
basis for just cause extensions.
If the board decides that a disciplinary
action resulting in a loss of pay was unjust,
the employee shall be reimbursed for lost pay
to the extent determined by the board.
The decision of the board shall be final and
binding and shall be consistent with
provisions of law and written policies.
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...... tz ...... u~ ~h~ll Implamcnt any rcmcdy tu
~A _..~__~ ~-~ it ~ ..... ~-t--t "~ th~
question of whether the relief granted by the
board is consistent with written policy shall
be determined by the city manager or his
designee, unless such person has a direct
personal involvement with the event or events
giving rise to the grievance, in which case
the decision shall be made by the Fairfa×
Commonwealth's Attorney.
Either party may petition the circuit court
for an order requiring implementation of the
panel decision.
(4) Form of grievance. Except for step one, all
stages of the grievance shall be in writing on
forms supplied by the city. Once the employee
has reduced his grievance to writing, he must
specify on the appropriate form the specific
relief he expects to obtain through the use of
the grievance procedure.
(5) Extension ~ of time limitations. By
agreement of the parties, any or all of the
time limitations established in this grievance
procedure may be extended.
(f) Compliance with grievance procedure. After the
initial filing of a written grievance, t~he failure of
either party to comply with all substantial procedural
requirements of the grievance procedure, including the
board hearing, without just cause shall ~ result in
a decision in favor of the other party on any grievable
issue, provided that the party not in compliance fails
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1991-23
to correct the noncompliance within five (5) work days
of receipt of written notification by the other party of
the compliance violation ~ ....
f~l~ to compl~. Written
n_Notification by the grievant shall be made to the city
manager or his designee.
F~I~ of ~th~ party
..... ~z ~ substantial
...... Mu- ~ · The
~ ................. c manaqer or his des nee shall
......... whether the
parties have complied with all substantial procedural
requirements of the grievance procedure. If the
~ ........... ff .... city manager is a party to the
procedure, then he shall appoint the assistant city
manaqer or another department head to make compliance
'-'~&~ ---- --~--~& --~ ..... I Complia det rmination ade
........ ~ ...... mm .... rice e s m
by the city manager or his designee are subject to
judicial review by filinq petition with the circuit
court within thirty days of the compliancn
~etermination.
(g) Management rights. Nothing in this section
shall circumscribe or modify the existing management
right of the city to (i) direct the work of its
employees as well as establish and revise wages,
salaries, position classifications and general employee
benefits; (ii) hire, promote, transfer, assign and
retain employees with the city; (iii) maintain the
efficiency of governmental operations; and (iv) relieve
employees from the duties of the city in emergencies;
and (v) determine the methods, means and personnel by
which operations are to be carried on.
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(h) Reconsideration of
decisions.
(1)
personnel
(2)
advisory board
If a written request to reconsider the
personnel advisory board's decision is
submitted by either party within five (5) work
days of receipt of the decision, the board, by
majority vote, may elect to review its
decision and/or reopen the hearing for good
cause shown.
Either party may request the personnel
advisory board to reconsider a panel decision
on the grounds that it is inconsistent with
law and written policy within five (5) work
days of the decision. The panel may
reconsider its decision in light of the law
and written policy, if it so desires.
BE IT FURTHER ORDAINED that
subsections of the sections hereby
continue to read as previously enacted.
the remaining
amended shall
This ordinance shall become effective as provided
by law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
September lO~ 1991
September 24~ 1991
September 24, 199l
ATTEST:
~Mayo~
City Clerk
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