Town of Hillsville, VA Complaint Procedure

It is the purpose of this chapter to provide an orderly and fair procedure for the handling of citizen complaints against town officers and employees.

§ 8-2 Initial procedure.

Citizen complaints against town employees shall be directed first to the immediate supervisor of the employee. The supervisor shall listen to the complaint, investigate the complaint and may, in his discretion, conduct an informal hearing on the complaint with all interested parties present. Based on his findings, the supervisor shall take any corrective measures that he deems necessary and proper and that are within his lawful authority. The supervisor shall furnish the complainant and the employee with a copy of this chapter.

§ 8-3 Appeals to Mayor; hearing; report.

A citizen or employee has the right to appeal a decision of the supervisor. The appeal shall be to the Mayor. The appeal shall be made within ten (10) days of the supervisor's decision pursuant to § 8-2. The Mayor shall hold an informal hearing with all interested parties present. The Mayor shall make a decision on the disposition of the complaint within ten (10) days after the appeal is noted. The Mayor shall make a full written report of the complaint and the disposition thereof and shall furnish a copy to the parties involved.

§ 8-4 Appeals to Council; hearing.

A citizen or employee has the right to appeal the decision of the Mayor to the Town Council. The appeal must be noted within ten (10) days of the receipt of the Mayor's report and decision. The Town Council shall conduct a formal hearing within ten (10) days after the appeal is noted. At the hearing before the Town Council, the employee and/or the complainant may appear with or without a representative including legal counsel. Each party shall have the opportunity to present evidence, including the testimony of witnesses. Each party had a right to hear the opposing evidence and to question the opposing witnesses. The hearing shall be private unless both parties request a public hearing. A transcript shall be made of these proceedings.

The Town Council shall base its findings on the evidence reviewed at the hearing. The Town Council shall give the employee and the complainant its written decision within ten (10) days after the hearing, together with a copy of the transcript of the proceedings which shall be furnished without cost. The written decision shall set forth the actions taken or to be taken by the Town Council and the reasons therefore.

§ 8-5 Time limits.

Time limitations contained in this chapter may be waived upon agreement of all parties.

§ 8-6 Town grievance procedure.

This complaint procedure shall not prevent an employee from exercising his rights under Chapter 15, Grievance Procedure.

§ 8-7 Complaints against officers.

Complaints against officers of the town shall be processed in accord with this chapter, except that § 8-2 shall be eliminated. Officers of the town shall include the following: Town Manager, Police Chief, Town Attorney, Town Engineer, Superintendent of Public Works, etc. A citizen noting a complaint against a town officer shall be furnished with a copy of this chapter by the Mayor.

§ 8-8 Failure to comply with rules.

Complaints shall be processed under the rules contained in this chapter unless all parties involved agree, in writing, to a different procedure for the resolution of the complaint. Failure to comply with the rules in this chapter shall result in a decision against the noncomplying party.

§ 8-9 Decisions of Council final.

The decision of the Town Council shall be final in all cases.