[HISTORY: Adopted by the City Council of the City of Galax as last amended 5-22-1995. Other amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the City to adjust grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after a formal appeal and panel review.
A. 
All permanent local governmental personnel, including the Welfare Department, excluding probationary employees, are eligible to file grievances as provided in this section with the following exceptions:
(1) 
Appointees of City Council.
(2) 
Department heads and managerial employees who are engaged in agency-wide policy determinations, except that such managerial employees below the department head level may file grievances regarding disciplinary actions limited to dismissals.
(3) 
Law enforcement officers as defined in (Chapter 10.1) or Title 2.1 whose grievance is subject to the provisions of Chapter 10.1 of Title 2.1 and who have elected to proceed pursuant to Chapter 10.1 of Title 2.1 in the resolution of their grievance or any other employee electing to proceed pursuant to any other existing procedure in the resolution of their grievance.
(4) 
Temporary, limited-term and seasonal employees.
(5) 
Employees whose terms of employment are limited by law.
B. 
The Chief Administrative Officer of the City of Galax or his designee shall determine the officers and employees excluded from the grievance procedure and shall be responsible for maintaining an up-to-date list of the affected positions.
A. 
A grievance shall be a complaint or dispute relative to an employee's employment involving, but not necessarily limited to:
(1) 
Disciplinary action, involving dismissals (provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance), demotion and suspensions.
(2) 
Concerns regarding the application, meaning or interpretation of personnel policies, procedures, rules and regulations.
(3) 
Acts of reprisal for using the grievance procedure or of participation in the grievance of another City employee.
(4) 
Complaints of discrimination on the basis of race, color, creed, sex, national origin, political affiliation, age or disability.
(5) 
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.
B. 
Some complaints are not grievable under this procedure. They involve:
(1) 
The contents of ordinances, statutes or established personnel policies, procedures, rules and regulations.
(2) 
Work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be a part of the job content.
(3) 
Establishment and revision of wages or salaries, position classifications or general benefits.
(4) 
Failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly.
(5) 
The methods, means and personnel by which such work activities are to be carried on.
(6) 
Discharge, demotion or lay-off 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 months as the result of the final determination of a grievance. In any grievance brought under the exception to this subsection, the action shall be upheld upon a showing by the City that there was a valid business reason for the action, and the employee was notified of such reason, in writing, prior to the effective date of the action.
(7) 
The hiring, promotion, transfer, assignment and retention of employees.
(8) 
The relief of employees from duties in emergencies.
In the event that the question of whether a matter is grievable is raised, the determination of grievability shall be made by the City Manager within five work days of a request for a ruling. If the City Manager finds the issue to be nongrievable, the employee may appeal this decision within 10 work days to the circuit court for a hearing de novo on the issue of grievability as provided in § 2.1-114.5:1E[1] of the Code of Virginia, as amended. Within 30 days of receipt by the Clerk of such records, the court, sitting without a jury, shall hear the appeal on the record transmitted by the City Manager and such additional evidence as may be necessary to resolve any controversy as to the corrections of the record. The court may affirm decisions of the City Manager or may reverse or modify the decision. The decision of the court is final and not appealable. The issue of grievability must be resolved prior to the panel hearing or it is deemed to have been waived.
[1]
Editor's Note: Section 2.1-114.5 of the Code of Virginia was repealed by the Acts of 1995, cc. 770 and 818. For current provisions see § 2.1-116.01 of the Code of Virginia.
Nothing in this procedure is intended to circumscribe or modify the existing management right of any state agency or political subdivision to do the following: direct the work of its employees as well as establish and revise wages, salaries, position classifications.
A. 
Steps.
(1) 
Step 1. An employee shall first present his grievance verbally to his immediate supervisor within 20 calendar days after the event or action which is the basis for the grievance. The supervisor shall attempt to resolve the problem promptly and fairly and shall give his answer verbally to the employee within seven calendar days from the date the grievance is submitted to him.
(2) 
Step 2. An employee who is dissatisfied with the decision of his immediate supervisor must submit his grievance in writing, identifying the nature of the grievance and expected remedy on Grievance Form A to his department head within 10 work days following receipt of the supervisor's reply. The department head shall make a separate investigation and verbally inform the employee of his decision and the reasons therefor, within seven calendar days after receipt of the employee's grievance. A written response on Form A by the department head must be sent to the grievant within 10 work days. If the department head is also the immediate supervisor of the employee involved, this step may be omitted.
(3) 
Step 3. If the employee is still aggrieved, he or his authorized representative shall request, in writing, a review of the grievance by the City Manger. Such request shall be accompanied by all the facts of the nature of the grievance and all written answers given thereto and shall be presented within seven calendar days of the date of receipt of the department head's answer. Copies of the written request for review shall be sent by the employee or his authorized representative at the same time to the employee's department head. The City Manager shall convene a meeting within 10 calendar days of the date of receipt of the request for review. The City Manager (and/or his authorized representative), the employee and a representative of his choice and witnesses shall attend the meeting for the purpose of reviewing the grievance. Within 10 calendar days of the date of the meeting, the City Manager shall render his recommendation, in writing, to the employee or his authorized representative and shall send a copy of his recommendation at the same time to the employee's department head.
(4) 
Step 4. If the City Manager's response does not resolve the grievance, the grievant may proceed with the grievance by request of a panel hearing on Form B. This request is made in writing to the department head and states the reasons for a panel hearing. This request must be received by the department head within seven calendar days of the grievant's receipt of the response from Step 3, with a copy going to the City Manager's office.
(a) 
A panel shall be composed of three members chosen as follows: one member selected by the City Manager, one member selected by the grievant and the remaining member chosen by the two appointees. If a third member of the panel cannot be agreed upon, the City Manager will request an appointment of a third panel member by the Chief Judge of the Circuit Court. The third panel member shall be the chairperson of the panel. To ensure an impartial panel, such panel shall not be composed of any person having direct involvement with the grievance being heard at the panel or with the complaint or dispute giving rise to the grievance. Managers who are in a direct line of supervision of a grievant and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: spouse, parent, child, descendants of child, sibling, niece, nephew and first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of such an attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. The employee and the agency shall select their respective panel members within five work days following the receipt of the decision that the grievance qualified for a panel hearing.
(b) 
The panel has the responsibility to interpret the application of appropriate government policies and procedures in this case. It does not have the prerogative to formulate or to change policies or procedures.
(c) 
The panel shall set the time for the hearing, which shall be held as soon as practicable, but not more than 10 calendar days after the panel has been selected, and notify the employee.
(d) 
The grievant may have present at this meeting a representative or a legal counsel at the expense of the grievant.
(e) 
Copies of the grievance form shall be sent by the department head to the panel members.
(f) 
The conduct of the hearing shall be as follows:
[1] 
The panel shall 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.
[2] 
The panel may, at the beginning of the hearing, ask for statements clarifying the issue involved.
[3] 
Exhibits, when offered, may be received in evidence by the panel and, when so received, shall be marked and made a part of the record.
[4] 
The grievant and supervisor or their representatives shall then present their claim and proofs and witnesses, who shall submit the questions to the panel for their examination. The panel may, at its discretion, vary this procedure, but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant proofs.
[5] 
The parties may offer evidence and shall produce such additional evidence as the panel may deem necessary for an understanding and determination of the dispute. The panel shall be the judge of the relevancy and worth of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties.
[6] 
The decision of the panel shall be final and binding and shall be consistent with the provisions of law and written policies.
[7] 
Either party may petition the court for an order requiring implementation of the decision of the panel.
[8] 
The question of whether the relief granted by a panel is consistent with written policy shall be determined by the chief administrative officer of the City, or his designee, unless such person has direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the attorney for the commonwealth of the jurisdiction in which the grievance is pending.
[9] 
Rules for panel hearings. Unless otherwise provided by law, the City shall adopt rules for the conduct of panel hearings as a part of the grievance procedures. Rules which are promulgated shall include the following provisions:
[a] 
The panel does not have the authority to formulate policies or procedures or to alter existing policies or procedures.
[b] 
The City must provide the panel with copies of the grievance record prior to the hearing and provide the grievant with a list of the documents furnished to the panel and the grievant and his attorney at least 10 days prior to the scheduled panel hearing and shall be allowed access to and copies of all relevant files intended to be used in the grievance proceedings.
[c] 
That all evidence be presented in the presence of the panel and the parties, except by mutual consent of the parties.
[d] 
That documents, exhibits and lists of witnesses be exchanged between the parties in advance of the hearing.
(g) 
The panel chairman shall specifically inquire of all parties whether they have any further proofs to offer or any witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed. The hearing may be reopened at any time before the award is made by the panel on its own motion or upon application of a party for good show cause.
(h) 
A decision shall be filed, in writing, by the panel chairman with the department head not later than 15 calendar days after the completion of the hearing.
(i) 
Copies of the decision shall be transmitted to the City Manger, the employee's immediate supervisor, and the employee.
B. 
All time periods listed in the procedure may be extended by mutual agreement of the grievant and the City Manager.
C. 
After the initial filing of a written grievance, failure of either party to comply with all substantial requirements of the grievance procedure without just cause will 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 work days 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. Failure of either party, without just cause, to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party.
Nothing in this procedure is intended to circumscribe or modify the existing right of the City government to do the following: provided, however, that none of those rights may be exercised in an arbitrary or capricious manner.
A. 
Direct the work of its employees.
B. 
Hire, promote, transfer, assign and retain employees in positions within the City government.
C. 
Maintain the efficiency of government operations.
D. 
Relieve employees from duty because of lack of work or other legitimate reasons.
E. 
Take actions as may be necessary to carry out the duties of the City government in an emergency.
F. 
Determine the methods, means and personnel by which operations are to be carried on.