1974 ORDINANCES - Laserfiche WebLink

Home Browse Search

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: 1. THAT CHAPTER 2 OF THE CODE OF THE CITY OF CHARLOTTESVILLE BE AMENDED BY ADDING §§2-189.2 THROUGH 2-189.11, AS FOLLOWS: • SECTION 2-189.2. CREATION OF PERSONNEL DEPARTMENT. THERE SHALL BE A DEPARTMENT OF PERSONNEL WHICH SHALL CONSIST OF A DIRECTOR OF PERSONNEL, A PERSONNEL APPEALS BOARD AND SUCH EMPLOYEES AS MAY BE AUTHORIZED FROM TIME TO TIME. SECTION 2-189.3. DIRECTOR OF PERSONNEL; APPOINTMENT, POWERS AND DUTIES. THE DIRECTOR OF PERSONNEL SHALL BE APPOINTED BY, AND AT THE PLEASURE OF THE CITY MANAGER. HE SHALL BE CHOSEN ON THE BASIS OF HIS GENERAL EXECUTIVE AND ADMINISTRATIVE ABILITY AND EXPERIENCE, WITH DUE REGARD FOR HIS EDUCATION, TRAINING AND EXPERIENCE IN PERSONNEL MANAGEMENT. THE DIRECTOR SHALL APPOINT THE EMPLOYEES OF THE DEPARTMENT, AND SHALL HAVE GENERAL MANAGEMENT AND CONTROL OVER THEM. HE SHALL BE RESPONSIBLE FOR THE FORMULATION AND ADMINISTRATION OF THE PERSONNEL POLICIES OF THE CITY. HE SHALL SERVE EX OFFICIO AS THE SECRETARY OF THE PERSONNEL APPEALS BOARD, BUT SHALL HAVE NO VOTE THEREON. SECTION 2-189.4. PERSONNEL APPEALS BOARD; APPOINTMENT AND TERMS. • THERE IS HEREBY CREATED A PERSONNEL APPEALS BOARD WHICH SHALL CONSIST OF THREE PERSONS WHO ARE NOT EMPLOYEES OF THE CITY WHO SHALL BE APPOINTED BY THE COUNCIL. OF THOSE FIRST APPOINTED ONE SHALL BE APPOINTED TO SERVE FOR ONE YEAR, ONE FOR TWO YEARS,AND ONE FOR THREE YEARS. THEREAFTER, MEMBERS SHALL BE APPOINTED FOR A FULL TERM OF THREE YEARS. VACANCIES SHALL BE FILLED BY THE COUNCIL BY APPOINTMENT FOR THE UNEXPIRED PORTION OF THE TERM. THE BOARD SHALL ANNUALLY CHOOSE ONE OF ITS MEMBERS TO ACT AS CHAIRMAN. TWO MEMBERS OF THE BOARD SHALL CONSITITUTE A QUORUM. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION. NO MEMBER OF THE BOARD SHALL SERVE MORE THAN TWO CONSECUTIVE FULL TERMS, PROVIDED THAT MEMBERS INITIALLY APPOINTED TO LESSER TERMS OR APPOINTED TO FILL UNEXPIRED TERMS MAY THEREAFTER SERVE TWO FULL TERMS. SECTION 2-189.5. POWERS AND DUTIES OF BOARDS; APPEALS BY EMPLOYEES. THE PERSONNEL APPEALS BOARD SHALL CONSTITUTE THE FINAL AUTHORITY TO RULE UPON GRIEVANCES FILED BY EMPLOYEES UNDER THE GRIEVANCE PROCEDURE PROMULGATED PURSUANT TO §2-189.10. IN ADDITION ANY CITY OFFICER OR EMPLOYEE SUBJECT TO APPOINTMENT BY ANY APPOINTEE OF THE CITY COUNCIL OR OF THE CITY MANAGER SHALL HAVE AN APPEAL OF RIGHT TO THE BOARD FROM ANY ADMINISTRATIVE ACTION SUSPENDING SUCH EMPLOYEE FOR MORE THAN FIVE CONSECUTIVE WORK DAYS, REDUCING SUCH EMPLOYEE IN RANK OR PAY, CHANGING THE CLASSIFICATION OF SUCH EMPLOYEE ADVERSLY, OR REMOVING OR DISCHARGING SUCH EMPLOYEE, WHICH TYPES OF PERSONNEL ACTIONS ARE NOT CONSIDERED TO BE SUBJECT TO THE AFOREMENTIONED GRIEVANCE PROCEDURES. SUCH APPEALS SHALL BE MADE WITHIN TEN CALENDAR DAYS AFTER THE EXHAUSTION OF ALL ADMINISTRATIVE REMEDIES AVAILABLE TO SUCH EMPLOYEE PROVIDED; HOWEVER, THAT SUCH AN APPEAL SHALL NOT BE AVAILABLE TO HEADS OF CITY DEPARTMENTS • OR NON -CLERICAL EMPLOYEES IN THE OFFICE OF THE CITY MANAGER. WITHIN TEN WORKING DAYS OF RECEIPT OF NOTICE OF SUCH AN APPEAL THE BOARD SHALL CONVENE A HEARING WHICH MAY BE IN PUBLIC OR IN EXECUTIVE SESSION AT THE OPTION OF THE APPELLANT AND AT WHICH THE APPELLANT MAY BE REPRESENTED BY LEGAL COUNSEL OR BY SOME OTHER PERSON OF HIS OWN CHOOSING. THE CITY MAY BE REPRESENTED BY COUNSEL OR BY THE HEAD OF THE DEPARTMENT IN WHICH THE APPELLANT EMPLOYEE IS EMPLOYED. AS SOON AS PRACTICABLE AFTER SUCH HEARING THE BOARD SHALL REPORT IN WRITING ITS FINDINGS AND RECOMMENDATIONS TO THE CITY MANAGER, WHICH FINDINGS AND RECOMMENDATIONS ARE TO BE MERELY ADVISORY AND IN NO WAY MANDATORY OR BINDING UPON THE CITY MANAGER. •