[Amended 11-13-2014 by Ord. No. 14-17]
A. Unless otherwise provided by law, all nonprobationary permanent full-time
and part-time employees are eligible to file grievances, with the
following exceptions:
(1) Appointees of the City Council;
(2) Deputies and executive assistants to the City Manager;
(3) Department and agency directors;
(4) Employees, including constitutional officers and their employees,
whose terms of employment are limited by law;
(5) Temporary, limited-term, and seasonal employees;
(6) Law enforcement officers as defined in Chapter
5 of Title 9.1 of the Code of Virginia whose grievance is subject to the State Law Enforcement Officers Procedural Guarantee Act and who elect to proceed pursuant to such Act's provisions in the resolution of their grievance; and
(7) Any other employee electing to proceed pursuant to another existing
procedure in the resolution of his grievance.
As used in this Part
2, the following terms shall have the meanings indicated:
GRIEVANCE
A complaint or dispute by an employee relating to his or
her employment, including but not necessarily limited to:
A.
Disciplinary actions, including dismissals,
disciplinary demotions and suspensions, provided that the dismissals
shall be grievable whenever resulting from formal discipline or unsatisfactory
job performance.
B.
The application of personnel policies, procedures,
rules and regulations.
C.
Acts of retaliation as the result of utilization
of the grievance procedure or participation in the grievance of another
employee.
D.
Complaints of discrimination on the basis of
race, color, creed, political affiliation, age, disability, national
origin or sex.
E.
Acts of retaliation because the employee has
complied with any law of the United States or of Virginia, has reported
any violation of such law to a governmental authority or has sought
any change in law before the national or state legislative bodies.
After a grievance is committed to writing, failure
of either party to comply with all substantial procedural requirements
of the grievance procedure, including the panel hearing, without just
cause shall result in a decision in favor of the other party on any
grievable issue, provided that the party not in compliance fails to
correct the noncompliance within five workdays of receipt of written
notification by the other party of the compliance violation. Such
written notification by the grievant shall be made to the City Manager
or his designee. The City Manager or his designee, at his option.
may require a clear written explanation of the basis for just-cause
extensions or exceptions. The City Manager or his designee shall determine
compliance issues. Compliance determinations made by the City Manager
are subject to judicial review by filing a petition with the Circuit
Court within 30 days of the compliance determination.
The members of the Personnel Board will select
one of their members as Chairperson, and that person will preside
at their meetings and hearings. The Board is governed by the following
hearing rules and may adopt supplementary others at their discretion
in order to facilitate fair and expeditious hearings.
A. Both the grievant and the employer may call upon appropriate
witnesses and be represented by legal counsel or other representatives
at the Board hearing. Such representatives may examine, cross-examine,
question and present evidence on behalf of the grievant or the employer
before the panel.
B. The Board does not have authority to formulate policies
or procedures or to alter existing policies or procedures.
C. The Board has the discretion to determine the propriety
of attendance at the hearing of persons not having a direct interest
in the hearing, and, at the request of either party, the hearing shall
be private.
D. The Board has the authority to determine the admissibility
of evidence without regard to the burden of proof or the order of
presentation of evidence, so long as a full and equal opportunity
is afforded to all parties for the presentation of their evidence.
E. All evidence will be presented in the presence of
the Board and the parties, except by mutual consent of the parties.
F. Documents, exhibits and lists of witnesses shall be
exchanged between the parties in advance of the hearing.
G. The majority decision of the Board, acting within
the scope of its authority, is final and binding, subject to existing
policies, procedures and laws.
H. Hearings are not intended to be conducted like proceedings
in courts, and rules of evidence do not necessarily apply.