1985-09-04 adj An adjourned meeting of the Board of~Supervisors of Albemarle County, Virginia, was held
on September 4, 1985, at 3:'00 'p.m., Meeting Room 5, County Office Building, Charlottesville,
Virginia; said meeting being adjourned from August 21, 1985.
Present: Messrs. F. R. Bowie, Gerald E. Fisher, J. T. Henley, Jr., (arrived at 4:30
p.m.), C. Timothy Lindstrom (arrived at 3:35 p.m.), and Peter To Way.
Absent: Mrs. Patricia H. Cooke.
Officers Present: County Executive, Guy B.Agnor, Jr., and Deputy County Executives,
Robert W. Tucker, Jr. and Ray B. Jones.
Agenda Item No. 1. Mr. Fisher began the meeting at 3:07 p.m. without a quorum of the
Board being present, as an informal work session.
Agenda Item No. 2.
Personnel, was present.
Work Session:
Personnel Policies.
Dr. Carole Hastings, Director of
Mr. Agnor said the "Personnel Policy Manual" distributed to the Board is still draft
form. He hopes the Board, today, will discuss and make comments on each policy as that polic~
is mentioned so this manual may be ready for adoption soon. Mr. Agnor said Dr. Hastings woul~
like to begin by discussing a new policy entitled "Voluntary Early Retirement Incentive Plan",
because this policy is of particular importance to the School Board, which meets next Monday,
and hopes to vote on this policy at that time.
Dr. Hastings said about a year ago she appeared before the Board of Supervisors and a
Board member noted that there are policies for general government employees, and policies for
School Board employees, and asked if those policies could not be similar. She has worked
toward that. During her first year with Albemarle County, she spent most of her time working
on personnel policies for the School Board. The policies to be discussed today are policies
which have been adopted by the School Board and it is hoped, will also be adopted by the Board
of Supervisors. Dr. Hastings noted that all of these policies have been reviewed by the
County Attorney's Office to be sure they are legally correct. She has been assured in writin¢
that there are no problems. She said that after all of the policies are seen by this Board,
she will publish a Personnel Manual for the department heads, which will include all of the
Personnel Policies currently in effect, the Pay/Classification system, job descriptions, a
manual which the department heads can utilize on a daily basis. Then a new Employee Handbook
will be drafted for distribution to all employees. She asked that the Board start with the
policy concerning "Voluntary Early Retirement Incentive Plan" on Page 41.
"Voluntary Early Retirement Incentive Plan
A. Eligibility
Participants in the Albemarle County VERIP must meet the following
requirements:
Be eligible for early or full retirement under the provisions of
the Virginia Supplemental Retirement System (VSRS).
Have been employed by Albemarle County for 10 of the last 13
years prior to retirement, be at least 55 years of age and
currently employed.
Employees retiring under the disability provisions of VSRS and/or
Social Security shall not be eligible for the VERIP.
B. Benefits
VERIP benefits shall be paid monthly for a period of five years
after retirement or until age 65, whichever comes first.
2. Benefits under VERIP will be calculated as follows:
Compute the annual VSRS benefit under plan A or B as
indicated by VSRS. This computation shall include'any
reductions for early VSRS retirement if appropriate.
Recompute the annual VSRS benefit with the addition of five
more years service or the number of additional years needed
to reach age 65, whichever is the lesser.
The difference between these two calculations shall be the
annual VERIP benefit to be paid on a monthly basis.
The annual benefit shall be increased by the general increase
approved for other employees on July 1 of each year the employee
is covered by the plan.
The Board will carry the employee as a member of its hospital-
ization group and pay the individual coverage premium as long as
.the employee is covered by VERIP benefits. If VERIP benefits
should cease prior to age 65, the Board will allow retirees to
continue participation in the Board hospitalization group until
age 65 at the retiree's expense.
Employees retiring under VERIP shall receive a lump sum payment
of $25 per day for each day of unused sick leave credited to
them. This payment shall be limited to payment for no more than
100 days.
/~ _ . ~ ~ 4_ ~985 Adjourned f__rom Au-lust ~1, 1985)
The employee has the option of taking the total amount of the
five years' payment over a three-year period. The hospital-
ization coverage paid by the County will be for the three-year
period only. The employee may continue in the group hospital-
ization coverage until age 65 by paying the appropriate premium
to the County.
Application
Applications for VERIP must be made to the County Executive prior to
December 1st of the year preceding the fiscal year the VERIP takes
effect.
Approval
The Board, on the recommendation of the County Executive, must approve
all those who will participate in the VERIP.
Duration
Once an employee has been approved for VERIP, the benefits will
continue without interruption as outlined in this policy. Subse-
quent alterations or deletion of this policy shall not affect the
benefits of those who have retired under these provisions.
The policy automatically terminates on February 1 unless the
Board acts to continue the policy for another year."
Dr. Hastings said the VERIP Plan is being presented to the Board for two reasons: 1)
this idea was brought to the School Board by the Charlottesville/Albemarle Vocational
Technical Center Board because the City of Charlottesville has such a policy in place. The
employees at the Vo-Tec Center are covered by the Albemarle County School Board personnel
policies, so this policy would need to be approved by the County School Board in order for
cover those employees to be covered. The School Board approved the policy in concept, but
according to the School Board's attorney could not adopt and put the policy into effect unless
it was approved first by the Board of Supervisors because of the financial implications of the
policy. Mr. Bowling said the Board would have to act first on the policy, and then on the
funding for the policy each year as a separate line item in the budget. That is the main
reason this policy has been brought to the Board. 2) It is also being brought to the Board in
order to keep common personnel policies for local government. The policy would need to be
approved on a yearly basis.
Dr. Hastings said this plan would provide certain people a means of retiring early and
making up for them the penalty they suffer under VSRS early by taking retirement. This plan
would help to make up that reduction for at least five years. Under this plan, they would
also receive the health insurance benefit for that period of time.
The advantages of the plan to the County are: this plan would help people who do not
want to work, but who stay in the job because they cannot financially afford to take the
penalty for retiring early under V.S.R.S., or cannot afford to pay individual rates for health
insurance (at this time that is Blue Cross/Blue Shield). Dr. Hastings said the City of
Charlottesville has experienced a significant savings in money through implementation of this
plan because, generally speaking, when a person retires, that person is at the top of the pay
scale, and most replacements would be hired near the beginning of the pay scale. The advan-
tage for the employer, particularly when speaking of the person in the classroom, is that it
would give the County the ability to give that person the means by which to retire, and to
allow the County to hire another person who really wants the job.
Mr. Way said he feels it is a good idea. Mr. Bowie asked what happened if the~person
took the early retirement, and then in five years this benefit stopped.. Dr. Hastings said
that person would then be receiving only V.S.R.S. Mr. Bowie asked if the V.S.R.S. payment is
affected by this policy. Dr. Hastings said it is not affected. Mr. Bowie asked if Dr.
Hastings had some figures to show what savings could be expected by adopting this plan. Dr.
Hastings said no; the only way to show a savings is to adopt the plan, implement it for a
year, and then at the end of that year to check the case history. Mr. Way said the only
advantage he sees to this policy is that the person who just really does not want to be here
working can now retire. Dr. Hastings said the School Board often gets in difficult situations
when someone who really does not want to be working is the subject of disciplinary action, and
the School Board would prefer not to do that at the end of someone's career. This would give
that person a way to retire with dignity.
Mr. Agnor asked how many current employees would be eligible for this benefit. Dr.
Hastings said there are 15 in local government, and in the school division there are approxi-
mately 80. It is not anticipated that all of these people would apply for the benefit. Mr.
Way said he feels it would actually be a small percentage.
Mr. Fisher said the only way to guarantee any cost savings, would be that replacement
employees were not hired at the top of the scale. If that occurs, there would be no savings,
in fact there would be a loss because of transition costs. It all goes back to initial hiring
practices. Mr. Fisher said during discussions last year about teaching staff, information
given indicated that many teachers were being hired in a mid-scale point. Dr. Hastings said
this past summer, 94 people were hired for the Schools Division, and most are beginning at
Step 4 or Step 5 with five to six years of experience. In calculating the VERIP benefit, the
break-even point would be the Step 5 level, if there were no other purpose for adopting the
plan other than monetary reasons. Mr. Agnor said that for general government employees, new
employees may be hired between the "A" and "E" steps of the Pay Scale. If there is need to go
above the "E" step, then approval of the Board of Supervisors must be requested first. Maybe
there should be an established limit for use in employing all people'. Dr. Hastings.said the
same rule is used for School Board employees, excluding teachers. There is no restriction on
the hiring of teachers because sometimes flexibility is needed to hire the experienced person.
Mr. Fisher said teachers comprise the largest number of employees of the County.
536
September 4, 1985 (Adjourned from Auq~v Pl~ lqaS)
Mr. Bowie said Section "E.2." states that the policy must be reapproved each year. Dr.
Hastings said that is correct. Mr. Agnor asked if that can be changed so that if the funds
for this program are incorporated and approved into the annual budget, that the policy would
automatically continue on May 1 unless the Board acts to discontinue the policy. Dr. Hastings
said Mr. Bowling feels that in order to be legally correct, the Board should act to continue
the policy each additional year and that action should be a part of the Board's minutes. Mr.
Fisher said a policy that has to be acted on annually might get lost in the process. He
agreed with Mr. Agnor that the process be streamlined. Mr. Agnor said if the policy is a part
of the budget, and the budget is adopted by April 15, then the policy could be automatically
extended on May 1; the funds would be shown in the budget as a separate line item. Mr. Bowie
said that was agreeable to him, as long as it is a separate line item and does not disappear
in percentages. Mr. Fisher said he did not see how the program could be subject to annual
approval if an employee had opted to take advantage of this benefit.; the County could not just
suddenly do away with the program. Dr. Hastings said it would be the Board's prerogative to
do that, and employees will have to be told that even though adopted by the present Board, a
new set of Board members could vote to discontinue the program. Mr. Bowie said as a practical
matter, he cannot imagine that would ever happen, but if after two years experience the Board
decided the program was not working, he felt the Board would honor those people who were
enrolled in the program. Mr. Fisher said an employee would certainly have the right to feel
uncomfortable if this had to be an annual decision, and there was no guarantee. Dr. Hastings
said that is correct, but she felt the School Board members would feel a commitment to those
who had already applied for the benefit.
Mr. Fisher asked about the health insurance (Blue Cross/Blue Shield) cost. Will this
retirement policy raise the general rates for the whole group? Dr. Hastings said it could.
Retirees are not allowed to remain a member of the County's group policy because of the
liability. Retirees are not covered by the County's Workmen's Compensation policy, are not
really under the control of the County, and could incur additional liability for the group.
Mr. Agnor Said that an employee taking regular retirement is eligible to enroll in a state-
wide Blue Cross/Blue Shield plan. Mr. Fisher asked if that is limited to persons 65 years of
age. Mr. Agnor said he was not sure. Mr. Bowie asked if the employee could enroll in that
particular Blue Cross plan if he took the VERIP benefit. Dr. Hastings said yes. If that is a
concern, the language in Section "B.4." can be amended to say the County will pay to the
retiree the amount of the single contribution to offset the cost of the individual plan, or
this could be reassessed after one year to see if there had been an effect on the County's
Blue Cross policy. Mr. Agnor asked if there is any real reason for the County to continue to
pay health insurance costs for a retired employee. If an employee retires, and there is a
plan in which to enroll, he sees no reason for the County to continue to fund any of that
cost. Dr. Hastings said the County's group plan carries a lesser cost than any other Blue
Cross plan in which the employee can enroll. Allowing that person to remain enrolled in the
County's policy is an advantage to the retiree.
Mr. Fisher asked for an explanation of the benefit bonus set oUt in Section "B.5". Dr.
Hastings said the School Board has always paid a bonus to early retirees of $10 per day of
unused sick leave up to 90 days. As an incentive for early retirement (the City has this
policy also), it is proposed to pay $25 per day for one hundred days. Mr. Agnor said general
government has no such policy. Mr. Bowie said that unless this is proposed to simply buy
people out, the regular retiree should receive the same amount of money. Mr. Fisher said
otherwise you are encouraging someone to retire in the last month before regular retirement ir
order to take advantage of this benefit. Mr. Fisher said he likes the concept of paying for
unused sick leave because he has seen systems where when people get close to retirement, they
are suddenly sick every other day. Dr. ~astings said there is another policy (not a part of
the papers distributed today) which would pay to all employees leaving local government or
school division employment $10 for each day of unused sick leave, and that is to be an incen-
tive not to use sick leave. This policy under VERIP is separate and brings that amount up. to
$25 as an incentive for early retirees. Mr, Fisher said that $10 a day does not seem to be
very significant, and if the Board is going to adopt a policy, he would recommend that both
amounts be the same. He said the $10 a day may be too low, it is not very much.
Mr. Bowie said in light of the comments that someone could take retirement six months
early in order to get more money, maybe there should be a point prior to normal retirement
when an employee cannot take advantage of the VERIP benefit. Mr. Bowie said there comes a
point where this benefit just costs money and does nothing for the County; if the County has
put up with the employee until he/she is 60, what does two more years matter? Dr. Hastings
said that an employee can actual stay in employment until the age of 70. The protection to
the County is that no early retirement benefit will be paid after an employee is age 65.
(Note: Mr.Lindstrom arrived at 3:35 p.m. and a quorum was established. The meeting
officially began at this point.) Mr. Fisher recognized the Superintendent of Schools at this
point. Mr. N. Andrew Overstreet said this policy would provide an incentive so the school
system could move people out of the school system who are no longer productive because of
their attitude or motivation. People like that cost the school system more in the long run
through a lack of performance; something to which no dollar amount can be assigned. Even if
this policy is adopted, it does not guarantee that these people could be talked into taking
advantage of same. The fiscal aspects of the policy are uncertain. Systems that he knows
have used the policy have usually benefitted fiscally from same, although eventually they had
to add restraints. Mr. Overstreet said he supports the concept, and although it is different,
and out on the edge of tradition, there has been experience with such programs in other
places, especially in teaching because of the stress and burn-out situation. This program
holds an opportunity for the County that warrants an opportunity to engage and experiment with
it. Two years worth of experience will be enough to know if the program will work as
expected. Mr. Overstreet said in the teaching profession this seems to be a needed tool for
the management of personnel.
Mr. Agnor said he has discussed this concept with his staff and knows of several examples
where this policy would be of benefit to the general government side of the County. There are
employees who perform at a level just above the discharge level, where staff feels that new
employees in these positions would allow for greater production.
Mr. Bowie said he is prepared to support the concept.
537
september 4, 1985 (Adjourned from August 21, 1985)
Mr. Fisher summarized for Mr. Lindstrom that he basically favors the concept as pre-
sented, but he feels that if this is to be done for one group of employees upon retirement, it
should be done for all at the same rate.
Dr. Hastings said the other policy that will be discussed later, does not have a restric-
tion for retirement, but is for any reason that you would leave the County, with the idea that
hopefully, knowing that something is coming for those sick leave days, they will be kept and
not used. Mr. Fisher said the University of Virginia has something similar that works out to
be about a maximum $2,500 payment.
Mr. Overstreet said that if the County is to pay something on the loss of retirement
salary, it would seem to be consistent to apply the same thinking to the health insurance
benefit. Why not pay the difference between what the retiree plan costs and what it would
cost an employee otherwise, rather than picking up the whole cost. Dr. Hastings said that
could turn out to be a very expensive plan. Mr. Overstreet Said these people would not be in
the County's group plan. Dr. Hastings said that was correct, however, to pay the difference
between what the County would have paid for a single coverage, and the single coverage under
that retirement plan could be a greater cost. Mr. Overstreet said it would seem to make sense
to have the flexibility to go either way. Dr. Hastings suggested looking at this over the
period of one year, and then if the rates do rise, th policy might be changed to state that
the County will pay up to a certain maximum amount toward the retiree plan.
Mr. Lindstrom asked if the VERIP plan is calculated to pay the employee the same benefits
he/she would receive at age 65. Dr. Hastings said yes. Mr. Fisher said the policy is only
for a five-year period, so if the employee retires between the ages of 55 and 60, there could
be a gap in benefits. Mr. Lindstrom asked about Section B.3. Dr. Hastings said whatever
general increase is given to employees each July 1 would be given to retirees. Dr. Hastings
said the City's plan has a guaranteed ten percent increase. Mr. Fisher said the concept is
good, but he suggested that the word "increase" be changed to "adjustment".
Mr. Agnor asked what the Board wanted to do about the proposed payment of $25.00 for
unused sick leave. He felt the payment should be the same for everyone, and although this
policy will be discussed again in a little while, he felt some amount should be agreed to for
page 42. Mr. Fisher said he feels $25 is a good amount. It has to be enough to be a reason-
able incentive for people to consider keeping. He asked if that amount is taxable. Dr.
Hastings said yes. Mr. Fisher asked what happens to annual leave. Dr. Hastings said the
County legally must pay for that at whatever daily rate the employee is earning at the time
he/she leaves the County. That is not tied to retirement, but the County has an adopted
maximum payment of 36 days. Mr. Fisher asked about the 100 day limit on sick leave. He said
one thing that is attractive at the University is that there is no limit on the amount of sick
leave that can be earned. It is a large liability for a department to absorb, but for people
as they approach an age where they might have serious illnesses, to be assured that they have
a large amount of sick leave that they have earned and saved over a period of years, is a
strong incentive to stay with an organization. Dr. Hastings said the County has no maximum
set on the amount of sick leave that can be accumulated, it is only that when a person
retires, the County would only pay for up to 100 days. This limit was proposed in order to
have some fiscal management over this policy.
Mr. Fisher said he is concerned about the health insurance part of the policy. He would
like to look at the present Blue Cross/Blue Shield rates before making a decision, and if
there are any trends in rates he would like to see those also. Mr. Overstreet asked if an
interest survey had been conducted. Dr. Hastings said one was done at the Voc-Tec Center and
about six people expressed an interest in the program. She predicted that ten to fifteen
people in the school division might take advantage of the program. Mr. Overstreet said the
program is so different, he felt it would take a year or two to get any experience. Mr.
Fisher said if this program is adopted, there is a five-year commitment to the people who
retire in that first year, although the program has to be approved and appropriations made on
an annual basis. The program also becomes accumulative.
With no further comments at this time on this particular policy, the Board continued with
another section of the policy manual.
The next policy discussed concerned "Absences":
"ABSENCES
The Board shall endeavor to keep attendance of employees at a maximum and
absences at a minimum. The Board recognizes that absences are unavoidable
and inevitable and, therefore, allows certain absences and absence pay-
ments. The Board will establish policies which are meant to maintain the
highest possible efficiency. Allowance will be made to permit bona fide
absences, and prevent employees who have been ill from becoming a hazard to
other employees by returning to work too soon.
Procedure for Compliance for Absences
A. It will remain the right of the immediate supervisor and the County
Executive or designee to:
Authorize, or refuse to authorize in exceptional cases, the
advance request of an employee for permission to be absent.
2. Investigate absences.
Deny absence pay allowance for absence in violation of any Board
policy.
Impose reasonable disciplinary penalties upon employees who have
abused their leave privileges and who violate the provisions of
the "Responsibilities of Employees" section of this policy.
538
September 4, 1985 (Adjourned from Au'
Responsibilities of Employees
Every employee of the County has the following obligations and
responsibilities concerning absence.
Request for Leave - When the need for being absent from work is
known in advance, the employee must notify his/her immediate
supervisor as far in advance as possible on the Leave Request
form provided 'by the Personnel Office.
e
Notice of Unexpected Absence - When an employee who has not given
advance notice finds that he cannot report to work, the employee
must notify his/her supervisor prior to starting time or within
30 minutes of the regular starting time. Upon returning to work,
the employee must complete a Leave Request form as a record of
absence.
Failure to Give Notice - Failure to give the notice required
shall constitute cause for a reasonable disciplinary penalty
including cause for denial of absence pay allowance. Unless an
absence has been authorized in advance or an absence is unavoid-
able, every employee shall be expected for his scheduled work.
C. Employees Returning to Work After Illness
When an employee returns to work after five (5) days or more absence
due to illness, the employee may be requested to submit a physician's
release certifying that he/she is well enough to return to work.
De
Absences for urgent personal business or bereavement or health will be
granted at the discretion of the immediate supervisors and in compli-
ance with County policy.
The County recognizes the duty of every citizen to serve on a jury
when requested and will allow payment for the daily rate of pay for
each day of jury service less the compensation paid by the Court for
such service unless the employee is on bona fide annual leave.
Employees are expected to give notice of jury duty and to report to
work when jury is not in session.
Workman's compensation will be paid in accordance with law, i.e. at
two-thirds salary. The County will, however, pay the full salary of
the employee with one-third of a day being charged to the employee's
sick leave and the workman's compensation payment being reimbursed to
the County."
Dr. Hastings said this policy was set up to be consistent with the policy already in
effect by the Albemarle County School Board. If this Board makes revisions, she will present
those to the School Board in order for there to be commonality in policies. Mr. Fisher asked
what is meant by "absence pay" in "A.3." Dr. Hastings said the County pays for various kinds
of absences; sick leave, annual leave. If a person called in sick and then it was-found that
the person was not sick, the County could deny payment for that absence.
Mr. Bowie said he had a general comment. In many places in this draft manual, he does
not understand the terminology used. He asked if what this really means is that if leave is
not approved, the employee will not receive payment. Dr. Hastings said there could be a case
where the leave was approved, but it was later found there was no reason for that leave, so
payment for that leave could be denied using this policy.
Mr. Fisher said the language in this personnel policy is cumbersome. Mr. Bowie said the
words in the manual should be the same words used by employees. He did not like the words
"absence pay allowance". Dr. Hastings suggested the words "deny leave payment for absence
.... in" be substituted for the words "deny absence pay allowance for absence in .... "
Mr. Bowie said that under paragraph "C", an employee must submit a certificate after
being absent from work for five days stating that the employee is well enough to return to
work. He did not see any requirement that the employee submit a certificate certifying that
he was sick in the first place. Dr. Hastings said the word "may" is used, not "shall". Mr.
Bowie felt there should be two statements: 1) that the employee was sick; and 2) that when
he/she returns to work, a physician certifies that the employee is well enough to return to
work. Mr. Agnor also asked about the five days provision. He asked if after five days the
County could request certification of illness? Dr. Hastings suggested that the five days be
deleted so that any time there was a question the County would be able to ask for such a
certification. She suggested the paragraph be changed to read: "When an employee returns to
work after absence due to illness, the employee may be requested to submit a physician's
release certifying proof of illness and that he/she is well enough to return to work."
Dr. Hastings noted that Paragraph "F" is different from current policy. The County has
been paying the full daily salary of a person on Workman's Compensation even though the state
only pays two-thirds of the daily rate for a workman's compensation injury. The additional
one-third of a day was not being charged to that person's sick leave. This paragraph
clarifies that this will be done.
Mr. Agnor mentioned that in Paragraph "D" the words "County policy'" are used, and occa-
sionally there will be the word "Board". These inconsistencies will be clarified before the
final draft of these policies is returned for Board approval. Mr. Fisher said there are two
different Boards involved in these policies. Dr. Hastings said the School Board likes the
word "board". Mr. Bowie said he was not always sure which board was being referred to. Dr.
Hastings suggested adding at the beginning of the policies a clarifying statement that the
word "Board" refers to whichever Board the employee works under.
Se .temper 4 1985 AdOrned from August 21_~1985)
The Board continued with "Career Leave" as set out below:
"CAREER LEAVE POLICY
A. The Board may grant requests for Career Leave based upon the
recommendation of the County Executive to any employee of the County
for a period of one year. The leave is granted with the understanding
that the employee intends to return to his/her same position in the
subsequent year.
B. To qualify for Career Leave, an employee must have a minimum of five
years of uninterrupted service with Albemarle County immediately prior
to the leave period. Such leave shall be without salary or unemploy-
ment compensation.
C. Employees who are currently employed with ten years or more of service
with the County prior to the granting of the leave will receive a 10
percent stipend based on their current salary if the leave is not
taken for other employment purposes.
D. All fringe benefits will be curtailed during the leave period, except
hospitalization insurance which will remain in force. The individual
coverage premium will be paid by the County.
E. Upon completion of the leave, the employee will be assigned to a
position in the County for which he/she is qualified.
F. A letter of application for the Career Leave must be made to the
County Executive by March 1 of the year prior to the beginning of the
leave on July 1.
G. The County Executive must be notified by March 1 of the year for which
leave has been granted as to whether the employee plans to return to
work the next fiscal year."
Dr. Hastings said this policy was implemented by the School Board this year, and again is
an idea which came from the City, as a way to recoup savings and as a way for long-term
employees to be able to take time off and receive a minor stipend if they have been employed
by the County for ten years. It i's a leave of absence, but for people with at least five
years of service, they would be able to keep their Blue Cross/Blue Shield coverage for that
year, and with ten years of service, the employee would receive a ten percent stipend based on
their annual salary. It is a kind of reward to allow a person to take a year off from work
and do some studying, travel, or whatever they want to do as a reward for continuous service
in the County. This policy was included for general government employees because it has been
adopted by the School Board.
Mr. Lindstrom asked if someone taking that leave, would be guaranteed their old position
back, although under paragraph "A" it says "same position" while in Paragraph "E" it says "a
position". Dr. Hastings said the County would try to return to the person to the same
position. Dr. Hastings said she should explain some terms. Any teacher is guaranteed a
teaching position, but not necessarily to the same assignment they had. That same assignment
would apply for general government employees. Dr. Hastings said about ten people applied to
the School Board for this benefit this past year, and are now on career leave. Five of those
qualified for the stipend, and the other five qualified for just the health insurance benefit
The County was able to save money this year by hiring replacements at a lower entry salary.
Mr. Fisher said he has tried hard, but cannot justify such a poliCy. It is not a common
practice in most employment sectors in the community. Also, for a teacher who wants to get an
advanced degree, there are summer sessions set up for that purpose. Mr. Way asked if the
schools do not have a separate sabbatical leave policy. Dr. Hastings said this policy
replaced the policy on sabbatical leave because that policy was unclear and had no stipend
attached. There are teachers who just plain need a break from teaching after ten years, and
this would give them a small stipend on which to take a leave. Mr. Fisher said he feels five
years is too short of a period of time for a minimum. For ten to twenty years, a person
be rewarded for long-term service, and given a chance to do something like this. Mr. Fisher
said he cannot imagine how the County would operate if a department head decided to take off
for a year; how would you replace that person, and what would you do with that person when
he/she came back?
Dr. Hastings said the County Executive could deny the request if there was no way to
replace the person requesting the leave. Mr. Bowie said he would have a problem adopting a
policy and then turning people down. There might be some justification for allowing teachers
this benefit, but as to just allowing any employee to take off a year, he could see no b
to the County, and the policy would actually just cause problems for the County Executive.
Mr. Agnor asked if this policy could be rewritten~so it is just applicable to the teaching
profession. Mr. Bowie said he cannot see a 24 or 25 year old, just out of college, taking a
year off. Dr. Hastings said the School Board did not want to limit the policy just for study.
There is one librarian who took off a year to go to Alaska to live in a different environment.
Mr. Fisher said there should be some sort of education leave so people could take
courses, whether part-time, undergraduate, or graduate, to upgrade their skills and to do
while covering the responsibilities of their jobs. He could support that sort of concept.
Mr. Agnor said such a policy is in another place in this manual.
Mr. Fisher said the idea of taking off a year, retaining Blue Cross/Blue Shield coverage,
and guaranteeing that employee a position upon return is a policy he cannot support. Dr.
Hastings said this policy was brought to the Board of Supervisors in order to have common
personnel policies for both general government and school employees, but she certainly can
tell the School Board that the policy was not approved by the Board of Supervisors. Mr.
Fisher said that he is not sure yet since only he and Mr. Bowie have expressed a concern.
Mr.Bowie said to give a secretary working for the School Board one-half a year off from work,
and not do the same for a secretary working for the general government, is not fair, but just
because the Board only controls one-half of the policies, does not make sense to adopt this
one.
September 4, 1985 (Adjourned from August 21~ 1.985)
Mr. Agnor said he has been somewhat concerned with this policy, and asked Dr. Hastings if
there could be a requirement placed in the policy that the employee would work a certain
number of years upon their return to work. She told him that the School Board's attorney has
said that it is not legal to make such a requirement. Mr. Bowie said this had come up twice
during his time of active duty in the service, as an incentive for career military personnel.
They were given one year off, with no pay, but with a guarantee that they could return to the
same grade,~ with no loss of seniority. All studies of this idea were rejected because it was
felt that only the best people would be lost; they would go out for a year, and not return.
The people who did return did so because they could not make it on the outside. So, this
policy seems to have been rejected everywhere in the world except in the schools.
Mr. Way said he agreed with both Mr. Bowie and Mr. Fisher.
The Board next discussed the section covering "Course Reimbursement".
"COURSE REIMBURSEMENT - CLASSIFIED EMPLOYEES
While the primary purpose of staff development funds is to provide training
to groups of County employees on an internal basis, the need to take job
related courses on an individual basis is also recognized. When individual
coursework is taken, the following criteria shall apply relative to
reimbursement:
The content of the course is not something that would be covered
under the County's staff development program.
The course is relevant to the individual's current position in
the County and will improve skill in this position.
3. The course is not taken to fulfill degree requirements.
The course is approved in advance by the principal or department
head and Director of Personnel.
5. The course is taken outside of the normal working hours.
Requests for course reimbursement should be made to the Director of
Personnel prior to the semester in which the course is to be taken. Only
one course per semester will be approved for an individual with additional
courses per year being approved only as funds are available. Upon receiv-
ing proof of a passing grade, reimbursement will be made for the tuition
cost for up to a maximum of three credits."
Dr. Hastings said the School Board does not have this policy. Although there has been a
sum of money in the personnel budget for reimbursement of general government employees for
course work, there has been no written rules to guide that reimbursement. Also, Personnel
would like to provide some in-house training through the staff development program. Mr. Way
asked the meaning of #3. Dr. Hastings said as an example there was a secretary who is working
toward an associate degree at Piedmont Community College and needs to fulfill a biology
requirement that has nothing to do with her secretarial position in the County. Therefore,
Personnel does not want to pay for someone to just get a degree. Mr.. Fisher said if a course
is offered in-house, there is no credit for that course in the outside world, and there is no
grade on that. Dr. Hastings said Personnel plans on offering several word processing courses
to the the staff because it is more cost-effective to bring in a person and utilize existing
facilities rather than send all of these people to Piedmont College. Mr. Fisher said he does
not think an employee should be penalized because he wants to take a job related course and
get credit for that work. Dr. Hastings said if the School Board opens this up to its
employees, then there is the possibility of nearly 700 people taking advantage of this type of
policy. The cost-effectiveness of doing in-house training is a known quantity. The people
who looked at the policy felt that the purpose of the County would be to upgrade skills that
are useful in the County, not necessarily to pay for credits a person would obtain in college.
Mr. Fisher said he understands the principle, but he has had a great deal of experience with
in-house courses where people are not trained educators, and although they try hard, many are
not good at the task. If the County discourages employees from going where they can get
credit at good schools, he is not sure that is the right kind of policy to have.
Dr. Hastings said the School Board does not pay teachers to go to college or pay for
courses that are required. The question came up, if you start to pay for college course
credits for classified employees, why then not pay for the teachers? They did not want to
open that question up for discussion. Mr. Fisher asked how this policy avoids that question.
Dr% Hastings said by saying that if the course is something the County cannot offer, in-house.
Mr. Fisher said he believes strongly in encouraging classified employees to get training
and skills and to get credit for that training if they can. He feels that serves both them
and the County well.
Mr. Bowie said he can see a thread running through this policy that might cause problems.
He does not think that if you put both the teachers and the classified people together that
there can be one policy to cover both sets of employees. Not paying for the courses for
teachers, but paying for courses for classified employees, does not seem to be that much of a
problem. Mr. Bowie said he would prefer to train in-house if possible, but he has no objec-
tion to a person taking a course specifically related to his/her job, and the Board picking up
the tuition after the fact, unless it can be shown that what is taught in-house is really as
good.
Mr. Fisher said he felt the wording of this policy is close enough to being correct, and
he would suggest that it be tried. Mr. Agnor said the "career leave" policy could have the
words "School Board" added, and this policy is noted as applying to classified employees. Mr.
Agnor asked if the Board would like to make a recommendation to the School Board on the
"career leave" policy that some period longer than five years be considered as part of that
policy. Mr. Bowie and Mr. Fisher agreed.
541
September 4~ 1985 (Adjourned from AuquSt 21, 1985)
Next was "Employee Status":
DEFINITION OF EMPLOYEE STATUS
The County will maintain standard definitions of employment and will
classify employees in accordance with these definitions.
Procedure for Compliance - Definition of Employee Status
Classified Employee - A classified employee is defined as any employee
is a nonteaching position.
B. Four definitions of employment
Full-time - Employment in an established position for not less
than 40 hours per normal work week (Sunday - Saturday) and 52
weeks per fiscal year (July 1 - June 30).
Regular - Employment in an established school division position
for not less than 25 hours per normal work week and not less than
36 weeks per fiscal year (includes bus drivers).
Part-time - Employment in an established position requiring not
less than 20 hours per normal work week and 36 weeks per school
year or 52 weeks per fiscal year.
Temporary - Employment in a position established for a specific
period of time or for the duration of a specific project or group
of assignments. Or, employment as a substitute in the absence of
the incumbent or a position classified as Full-time, Regular,
Part-time for less than three months.
C. Extend of Participation in Benefits
1. Full-time:
Participate in all benefit programs.
2. Regular:
Participate in all benefit programs
(except annual leave).
3. Part-time:
Participate in prorated medical benefit
programs and leave benefits.
4. Temporary:
Participate in no benefit programs.
Employees entitled to benefits will receive such benefits from
the date of employment or whenever such benefits can begin.
Classified persons employed for a job assignment shall, immedi-
ately following their date of employment, serve an initial period
of six months (not to exceed one year) designed to provide them
with the opportunity to demonstrate ability, interest and skill.
County employees hired prior to the implementation of this policy
and who received benefits, will not lose such benefits.
Continuous service is defined as - uninterrupted employment while
classified as a permanent employee.
1. Continuous service is broken by the following:
a) Termination of employment; or
b) Resignation by the employee; or
c)
Absence from work for more than five (5) consecutive working
days without prior approval of the supervisors, unless
caused by proven illness or injury which renders the
employee incapable of working."
Dr. Hastings said there was no definition of employee status by which people could be
classified or by which benefits could be assigned. Mr. Way asked where the retirement
(annuity) benefit recently adopted by the Board for part-time people would apply. Dr.
Hastings said it will be added to the "Part-time" definition under "C.3.". Mr. Way asked if
these employees did not have to have ten years of service in order to qualify. Mr. Agnor sai¢
it is five years before they are eligible for the annuity program, but they qualify immedi-
ately for life insurance.
Mr. Bowie asked about the paragraph under "C" that reads "Classified persons employed
.... interest and skill." He said this paragraph appears to be in the wrong part of the
policies, as it addresses the probationary period, but does not really say that in plain
words. Dr. Hastings said this paragraph is also set out again under "performance review" to
spell out the probationary terms. This is just another reference to the probationary policy,
but it should positively state that the employee is on probation for six months, instead of
sugar coating the wording. Dr. Hastings said this is more positively stated in the other
section. Mr. FiSher asked if the six months probationary period occurs before benefits start.
Dr. Hastings said no. Mr. Fisher said it then has no reason to be a part of this particular
policy on employee status.
542
September 4. 1985 (Adjournedfrom Auq6st 2~ 19R5)
Next was a policy on "Employee Discipline":
EMPLOYEE DISCIPLINE
The County recognizes its continuing responsibility to develop and admin-
ister necessary regulations in a fair and consistent manner, and the
obligations of all employees to conform with those regulations.
The County seeks to establish and maintafn appropriate administrative
policies which will provide the most efficient operation of the Albemarle
County Government and to provide for proper disciplinary action whenever an
employee fails to observe such regulations.
Procedure for Enforcement of Administrative Requlations
Whenever an employee violates any of the County regulations, the
employee may be subject to official disciplinary action including
discharge.
Disciplinary action will be taken in private by the employee's
immediate supervisor and will normally be progressive with the
seriousness of the infraction:
The normal course will be:
Oral reprimand
Written reprimand
Suspension with pay
Suspension without pay
The County Executive or designee may suspend classified
personnel for just cause. All pay and, benefit~ shall be
suspended concurrently if suspension without pay is utilized.
5. Dismissal
The County Executive or designee may place on probation and
dismiss employees for just cause. An employee who is dismissed
may appeal the decision through the Grievance Procedure.
Any intentional violation of regulations that may endanger the safety
of a fellow employee will be the cause for immediate discharge.
o
Ail official disciplinary action, whether oral or written, must be
recorded and forwarded to the Personnel Office for inclusion in the
employee's personnel file.
A supervisor has the right to utilize any or all of the proceding
steps in the disciplinary process with suspension without pay or
dismissal subject to approval by the County Executive or designee.
all disciplinary complaints are subejct to the approved grievance
procedure."
Dr. Hastings said this policy spells out a progressive disciplinary policy which
Personnel has been training department heads in using. This is not anything much different
from what most employers use for discipline.
Mr. Way asked the definition of "suspension with pay". Mr. Bowie said he would also like
an answer to that question. He feels it is just vacation with pay. Dr. Hastings said a
notice is put in the employee's official personnel file that the employee was suspended.
There is not much of a punative measure beyond-that, except that it is a matter of record.
Mr. Agnor said that often this is for investigation; where no guilt is established. Mr. Bowie
said unless misconduct is established, this is just administrative leave. Dr. Hastings said
it may be necessary to tell an employee that he/she is suspended until it is known whether a
conviction is upheld or not. Mr. Bowie said if it is not, then there is nothing in the record
of the employee. So he just does not see this as being disciplinary at all. Dr. Hastings
said it is disciplinary when it comes to the official record of the employee. Mr. Bowie said
time off, with pay should be a bonus, not discipline. He understands that it is appropriate
if there is a need to investigate, since it is not fair to jeopardize the employee's salary
unless some guilt arises. Dr. Hastings suggested that this be clarified by adding "for
investigative purposes" after 93, "Suspension with pay."
Mr. Agnor mentioned the words "just cause" in the next paragraph. He said those words
make him apprehensive. Dr. Hastings said that clause "just cause" is a term that means there
is a rational for what you do, and it is usually accepted in the courts if there is a good
reason for your actions. This policy spells out that all official disciplinary action must be
recorded and forwarded to the official personnel file of the employee. This puts the burden
on the department head to record and document all actions with this employee.
Next was "Employee Relation Principles".
"EMPLOYEE RELATIONS PRINCIPLES
The County realizes that the strength and future growth of Albemarle County
depends directly upon the contribution made by every employee in the
organization. It also knows that high productivity and efficiency result
from individual job satisfaction. It is, therefore, the policy to be
frank, fair, and honest with personnel and to respect their rights as
employees.
September 4, 1985 (Adjourned from August 21, 1985)
The County shall continue to strive to achieve mutual respect in our
working relationships. The County requires that our supervisory personnel
do all in their power to carry out such a policy.
Employee Relations Principles:
o The County will maintain a staff of competent employees by following
the best possible screening procedures.
Should a vacancy occur, every effort will be made to fill the position
with someone from within the organization with due regard for ability,
qualifications, and experience.
The County will observe and follow the established grievance
procedure.
The County will make every-effort to maintain reasonable hours of
work, .good employee benefits, and the best possible Working
conditions.
Through these and other practices the County will encourage employees
to increase their longevity with the organization."
Mr. Lindstrom said he was confused by the first sentence. H
ficial to just delete that wording, and start with the second sen
the Board wants to encourage the growth of Albemarle County gover
County in general. It was suggested that this sentence 'be reword
realizes that the strength of Albemarle County government depends
productivity and efficiency resulting from individual job satisfa
Mr. Fisher said that the fourth paragraph beginning "Should
indicates that every effort will be made to fill the position wit
organization. Dr. Hastings said this is part of the School Board
making an effort to let all employees know about job vacancies me
does not guarantee any person a job. Mr. Fisher asked how this f
policies. He feels this language will give the employees a moral
is what the Board should write into a policy. Mr. Way said he re
cating "we will give a preference" to presently employed persons.
paragraph could be deleted at this point, as there is other langu
e thought it might be bene-
tence. He really is not sure
nment, nor of Albemarle
ed to state: "The Board
directly upon the high
ction."
a vacancy occur, .... "
h someone from within the
policies, and they feel that
ans "every effort" but this
its in with all Federal
e boost, but is not sure this
ad this language as indi-
Dr. Hastings said this
age contained under "recruit-
ment procedures" to cover vacancies. Mr. Fisher agreed. Mr. Bowie did not like the word
"longevity" in the last paragraph. Mr. Fisher agreed and suggested that the words "growth and
productivity" be put in its place.
Next was "Grievance Policy and Procedure":
GRIEVANCE POLICY AND PROCEDURE
Objective
It is the objective of the Board of Supervisors to provide fair, equitable
and satisfactory working arrangements for its employees. Every effort will
be made to resolve employee grievances informally with the least amount of
worry and delay. However, in some cases it becomes necessary to proceed
through a formal appeal and panel review to handle thoroughly a given
grievance. Accordingly, the following procedures and regulations are
established.
Definition of Grievance:
A grievance shall be a complaint or dispute relative to an employee's
employment involving (but not necessarily limited to):
disciplinary actions involving dismissals, demotions and suspensions
provided that dismissals shall be grievable whenever resulting from
formal discipline or unsatisfactory job performance;
concerns regarding the application, meaning or interpretation of
personnel policies, procedures, rules and regulations;
acts of reprisal for using the grievance procedure or of participation
in the grievance of another County employee; and
e
complaints of discrimination on the basis of race, color, creed, age,
handicap, sex, political affiliation, or national origin.
Some complaints are not grievable under this procedure. They involve:
the contents of ordinances, statutes, or established personnel
policies, procedures, rules and regulations;
.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;
o
establishment and revision of wages or salaries, position
classification or general benefits;
failure to promote except where the employee can show established
promotional policies or procedures were not followed or applied
fairly;
September 4, 1985 (Adjourned from August 21~ 1985}
the methods, means and personnel by which such work activities are to
be carried on; and
discharge, demotion, or lay off because of lack of work, reduction in
work force, or job abolition.
Management Rights:
Nothing in this procedure is intended to circumscribe or modify the exis-
ting management right of the County to do the following:
direct the work of its employees as well as establish and revise
wages, salaries, position classification and general employee
benefits;
hire, promote, transfer, assign and retain employees within the
agency;
3. maintain the efficiency of governmental operations;
4. relieve employees from duties of the agency in emergencies; and
determine the methods, means, and personnel by which operations are
to be carried out.
Determination of Grievability:
If some questions should exist concerning the grievability of a specific
problem and if the question cannot be resolved to the satisfaction of both
the employee and his/her supervisor at the departmental level, the employee
may request that the issue of grievability be decided by the County
Executive, who shall respond within ten working days. Decisions of the
County Executive as to grievability may be appealed to the Circuit Court of
this County for a hearing de novo on the issue of grievability. ProCeed-
ings of the review of the decision of the County Executive shall be insti-
tuted by filing a notice of appeal with the County Executive within ten
working days after the date of the decision and giving a copy thereof to
all other parties. Within ten days thereafter, the County Executive shall
transmit to the Circuit Court of this County: a copy of the decision of
the County Executive, a copy of the notice of appeal and the exhibits. The
failure of the County Executive to transmit the record within the time
allowed shall not prejudice the right of the grievant. The Court, on
motion of the grievant, may issue a writ of certiorari requiring the County
Executive to transmit the record on or before a certain date as provided in
Section 2.1-114.5:1E, Code of Virginia. The Court may affirm the decision
of the County Executive or may reverse or modify the decision.
The issue of grievability may occur at any step of the following procedure
prior to the panel hearing, but once raised, the issue must be resolved
before further processing the grievance. In any event, the issue of
grievability must be resolved.~ior to the panel hearing or it shall be
deemed to have been waived.
The classification of a complaint as non-grievable shall not be construed
to restrict any employee's right to seek or management's right to provide
customary administrative reviews, of complaints outside of the scope of the
grievance procedure. The decision of the court is final and not appeal-
able.
Policy:
All stages of the grievance beyond the first step (see following procedure)
shall be in writing on forms supplied by the Personnel Department of the
County. Beyond the first step both the grievant and the respondent may
call upon appropriate witnesses and be represented by legal counsel or
other persons as provided in this procedure.
Once an employee reduces his grievance to writing he must specify on the
appropriate form the specific relief he expects to obtain through use of
this procedure.
After the initial filing of a written grievance, failure of either party to
comply with all substantial requirements of the grievance procedure will
result in a decision in favor of the other party on any grievable issue,
provided the party not in compliance fails to correct the non-compliance
within five (5) 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 County Executive. 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.
Grievance Procedure
Any employee wishing to file a grievance shall have the right to follow all
the steps of this procedure as listed below with complete freedom from
reprisal.
.Step I (Supervisory Level)
a)
Within thirty (30) days after the occurrence or condition giving
rise to the grievance, the employee affected may identify the
grievance verbally to the employee's immediate supervisor.
545
September 4, 1985 (Adjourned from August 21, 1985)
Within three (3) working days of such presentation, the super-
visor shall give his/her response to the employee with respect to
the grievance,, or shall advise the employee that additional time
for such decision is needed, in which case a decision must be
given the employee within three (3) working days thereafter.
b)
If a satisfactory resolution is not reached by this process, the
employee shall produce the grievance in writing, identifying the
nature of the grievance and the expected remedy on Grievance Form
A. Such'written grievance shall be presented to the immediate
supervisor and Director of Personnel within three (3) working
days of the supervisor's verbal reply. The Director of Personnel
shall meet with both parties in an attempt to clarify policy and,
in general, to resolve the issue. After the meeting, the imme-
diate supervisor shall then reply in writing to the grievance
within three (3) working days.
2. Step II (Management Level)
If a satisfactory resolution is not reached at the first step, the
employee may so indicate on the grievance form and submit the griev-
ance to his/her department head within ten (10) working days. A
meeting to review the grievance shall be held between the employee and
the department head within three (3) working days. The time between
the second step submission and the second step meeting may be extended
by mutual agreement.
At the second step meeting, the employee may have legal counsel or a
fellow employee of his/her choice present. The department head may
likewise have legal counsel or a witness present. A second step
written reply to the grievance shall be provided to the employee
within three (3) working days after the second step meeting.
3. Step III (Upper Management Level)
If a satisfactory resolution is not reached at the second step, the
employee may submit the grievance to a Deputy County Executive.
Submission to the third step must occur within ten (10) working days
of the second step. A Deputy County Executive will meet with the
employee within three (3) working days or indicate an extension is
necessary. Such extension shall not exceed three (3) additional
working days except by mutual agreement. The employee may have legal
counsel or a fellow employee of his/her choice present at the third
step meeting. A Deputy County Executive may have legal counsel or a
witness of his choice likewise in attendance. A Deputy County Execu-
tive shall render a written reply to the grievance within three (3)
working days following the third step meeting.
4. Step IV (Upper Management Level)
If a satisfactory resolution is not reached at the third step, the
employee may submit the grievance to'the C6unty Executive. Submission
to the third step must occur within ten (10) working days of the
second step. The County Executive will meet with the employee within
three (3) wOrking days or indicate an extension is necessary. Such
extension shall not exceed three (3) additional working days except by
mutual agreement. The employee may'have legal counsel or an employee
of his/her choice present at the third step meeting. The County
Executive may have legal counsel or a witness of his choice likewise
in attendance. The County Executive shall render a written reply to
the grievance within three (3) working days following the fourth step
meeting.
5. Step V (Panel Hearing)
If the reply from the fourth step meeting is not acceptable to the
grievant, he/she may submit the grievance to a fourth step panel
hearing. The request for a fourth step panel hearing shall be indi-
cated by the emplOyee on Panel Hearing Form B and submitted to the
County Executive. A request for panel hearing must be submitted
within ten (10) working days of the third step reply. The County
Executive will arrange for the panel selection and schedule the panel
hearing.
A panel shall be chosen which shall be composed of three members and shall
be chosen in the following manner: one member appointed by the grievant,
one member appointed by the County Executive and a third member selected by
the first two. To ensure an objective panel, the grievant nor supervisory
personnel responding to the first four steps of the grievance may serve on
the panel. Panels chosen in compliance with these requirements shall be
deemed to be impartial. In the event that agreement cannot be reached as
to the final panel member, the chief judge of the Circuit Court of this
County shall select such third panel member. To insure 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 a child, sibling,
September 4, 1985 (Adiourned from August 21r 1985)
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.
In all cases, the third panel member shall be the chairman, set the time
for the hearing and notify the employee. The hearing shall be held no
later than ten (10) working days after the date of the request unless the
selection involves the use of the Circuit Court. In such case, the hearing
shall be held as soon as practicable, but no more than ten (10) working
days after the final panel member has been selected. The grievant may have
present at this meeting representatives of his/her choice. Copies of Form
A shall be sent by the County Executive to the panel members.
The majority decision of the panel shall be considered final and binding in
all its determinations and shall be consistent with provisions of law and
written policies.
The panel has the responsibility to interpret the application of appro-
priate agency policies and procedures in the case. It does not have the
prerogative to formulate or to change policies or procedures.
The conduct of the hearing shall be as follows:
The panel shall determine the propriety of attendance at the
hearing of persons not having a direct interest in the hearing.
The panel may, at the beginning of the hearing, ask for
statements clarifying the issues involved.
Exhibits, when offered by .the grievant or the County, may be
received in evidence by the panel, and when so received, shall be
marked and made a part of the record.
The grievant and supervisor, or their representatives, shall then
present their claims, evidence and witnesses who shall submit to
the questions or other 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 evidence.
The parties may offer evidence and shall produce such additional
evidence as the panel may deem necessary to an understanding and
determination of the disputes. The panel shall be the judge of
relevancy and materiality of the evidence offered. All evidence
shall be taken in the presence of the panel and of the parties.
The panel chairman shall specifically inquire of all parties
whether they have any further proofs to offer or witnesses to be
heard. Upon receiving negative replies, the chairman shall
declare the hearing closed.
The hearings may be reopened by the panel on its own motion or
upon application of a party for good cause shown at any time
before the award is made.
The decision shall be filed in writing by the panel chairman with the
County Executive no later than fifteen (15) working days after the comple-
tion of the hearing. The decision shall be made on forms furnished by the
County.
Copies of the decision shall be transmitted to the County Executive, the
employee, and the employee's supervisor.
The parties to the grievance, by mutual agreement, or the panel chairman
may extend any or all of the time periods established in this procedure.
The grievant must bear any cost involved in employing representation or in
the legal preparation of his/her case.
Either party may petition the court for an order requiring implementation
of the decision of the 'panel.
Dr. Hastings said this policy meets all state mandates for local government grievance
procedures. The old policy did not mention the deputy county executives in the grievance
procedure. There was no personnel office at that time. The Personnel Office is built into
this policy as a facilitator to help resolve the issue before it gets to an official grievance
point. Everything else required by law is maintained. Mr. Bowie noted that in several places
the steps to be taken are mentioned out of order.
The next policy discussed was "Leave of Absence":
LEAVE OF ABSENCE
The Board recognizes the fact that members of its staff may need to request
leaves of absence from their regular employment. Such leaves of absence
will be unpaid. The County Executive will give consideration to all
requests for leave in a fair and consistent manner. The County Executive
will, however, make decisions on granting or denying leave of absence
~~ based on the best interests of the County.
September 4, 1985 (Adjourned from August 21, 1985)
Criteria for Leave of Absence
Leave shall be granted by the County Executive for no more than one
year;
Employee request/~ave shall return to the same position from which
leave has been granted;
No fringe benefits shall be provided during the time for which leave
is granted; however, the rate of annual leave, received at the time
of the leave of absence shall be maintained once employment with the
County has been resumed.
Procedure for Compliance - Leave of Absence
The following procedure is intended to be utilized for leave requests not
covered by other Board policies:
ae
Leave of absence requests must be in writing to the immediate super-
visor with appropriate copies to the Director of Personnel and County
Executive or designee and should state the appropriate reasons for
the leave, length of time requested and inclusive dates.
Leave requests shouls initially be discussed with the immediate super-
visor. The Personnel Director should also be consulted with regards
to fringe benefits and other matters which may be affected by the
leave.
Ce
The immediate supervisors should develop recommendations regarding
the leave addressing such matters as the implication of the leave on
the department, filling the position on a substitute basis, etc.
This recommendation, along with the employee's written request, should
be forwarded to both the County Executive or designee and to the
Personnel Director.
De
The Personnel Director will review the request for the leave along
with the recommendations of the immediate supervisor and will deVelop
a recommendation for the County Executive or designee.
Ee
The County Executive's decision will be made and considered final
after having reviewed all recommendations concerning the leave
request.
Dr. Hastings said this is a way of granting an unpaid leave, and sets out the criteria to
be used for such leave. (Mr. Henley arrived at 4:30 p.m.) Dr. Hastings said this policy
states that a leave may be taken for no more than a year, and the person will be returned to
the same position, although not necessarily the same assignment they left, and there will be
no fringe benefits during that time, but when the employee returns they will maintain their
seniority, although their seniority will not have increased during the leave of absence. Mr.
Fisher asked about part-time leave. Dr. Hastings said that could be handled under this same
procedure. Mr. Fisher clarified to say that this policy does not state the employee would
have to leave 100 percent of the job. Dr. Hastings agreed.
Mr. Way asked about the word "same" as related to "position" and asked if this should not
be stated as "comparable position". Mr. Bowie said he interprets "same" as being exactly the
"same". Dr. Hastings said most people do not see the distinction between "position" and
"assignment", so "comparable" may be a good way to phrase this sentence.
Mr. Bowie said he did not understand the terminology "the rate of annual leave" in the
last paragraph. Dr. Hastings said that means whichever rate of annual leave is being earned,
i.e., one day a month, one and one-quarter days a month, or one and one-half days a month
annual leave. Mr. Fisher said the employee does not lose his/her seniority for earning leave
when he/she returns to the job. Mr. Bowie asked if the employee loses any other seniority.
Dr. Hastings said no; the employee just does not gain any for the year that the employee is
off from work.
Mr. Bowie said this policy does not say that when the employee applies for this leave,
that he must take his accrued leave as part of that time. Dr. Hastings said that was not
included as a part of this policy. Mr. Bowie asked why it is not a part of the policy. Dr.
Hastings said when the person takes leave, he loses his salary and benefits, so when that
person comes back everything is reactivated, although certain people taking a leave of absence
would want to take payment for accumulated annual leave. Mr. Bowie asked the purpose of this
as far as the County is concerned. What is the benefit to the County? Dr. Hastings said if
the County had a valuable employee who wanted to take a year off because a spouse was being
transferred for a one-year period, and the County would like to have that person return to
work. Mr. Fisher said it is possible a person could have an emergency situation where they
needed to leave town for a few months to stay with a sick relative. Often people do not have
enough accumulated leave to do this, and he can see there is a need to decide these kinds of
situations on a case-by-case basis. Mr. Bowie said he has no problem with the policy, but
not know why the County would want to have that accrued liability show in the annual audit.
Mr. Fisher said he would not want to do that for sick leave, but annual leave could be done
that way. Mr. Fisher said he thinks this policy is all right because the biggest commitment
made is that there will be a job when that person returns. That is a big commitment. Dr.
Hastings said recruitment for a replacement would be for that designated period of time. Mr.
Fisher said he thinks the policy is all right although the words "comparable position" would
be better language. Mr. Agnor asked if the Board wanted to add a sentence that annual leave
would have to be taken. Mr. Bowie said it would seem to be fair that if a leave of several
months is being given with a guarantee that a job will be available when that person returns,
that the County should not carry the liability of unused leave forever on the books and then
pay for it if the employee decided not to come back at the end of the leave. Dr. Hastings
suggested adding a sentence reading: "All annual leave shall be utilized prior to the leave
of absence going into effect." Mr. Fisher clarified that to be "accumulated" annual leave.
Dr. Hastings said that is correct.
September 4, 1985 (Adjourned from Auqu~t 21 lqgS)
Mr. Agnor said that in paragraphs "A", "B", "C" and "D" he would suggest that "immediate
supervisor" be changed to "department head". He does not believe an immediate supervisor
should be involved in a request for a leave of absence.
The next policy to be discussed was "Military Leave":
MILITARY LEAVE
Any employee of the Board who is a member of the organized reserve force of
any of the armed services of the United States or of the National Guard
shall be entitled to leaves of absence for their respective duties without
loss of seniority, accrued leave or efficiency rating on all days when they
are engaged in annual active duty or training or when called forth by the
Governor of Virginia pursuant to the provisions of Section 44-75 of the
Code of Virginia. There shall be no loss of pay during these leaves of
absence, not to exceed fifteen days per fiscal year. When relieved of this
duty, the employees shall be restored to positions they held when ordered
to duty.
Mr. Bowie said he felt the policy was outstanding. He supports military leave for the
reserve or for guard duty, but he felt the policy should also spell out what would happen to a
person called to active duty by the President of the United States. Dr. Hastings said that
under existing policy, if a person received pay from the military the County would not have
paid that person. The fifteen day exemption just went into effect in State law this past
July. Mr. Bowie said he was not arguing about pay, because this policy covers fifteen days,
but he feels an employee has the right to know what will happen to him if he is called up for
six months. Dr. Hastings noted that when relieved of duty, the person will be restored to the
position held when that person wa ordered to active duty. Mr. Bowie said that under the
"Leave of Absence" policy, it is stated that when the person returns, he/she is restored to
the same position, the same grade, and earns the same amount of annual leave. Mr. Fisher ~
noted that the policy states "without loss of seniority". Mr. Bowie said he just feels that
the policy should set out the employee's status when he returns to work.' Dr. Hastings said
that something similar to the language under "Leave of Absence" might be included. Mr. Henley
said he did not think the County should have to pay these people for more than fifteen days.
Mr. Bowie said the policy does not cover what happens to the employee if called to active duty
for the reserves or during national emergency and he thought it should.
Mr. Lindstrom said that throughout this set of policies there is one thing that he finds
confusing. Sometimes an employee leaves and is guaranteed a comparable position upon return,
At other times, the employee is guaranteed the same position. He really cannot tell when the
employee would get the same job back, or something on the same level in the pay scale. Dr.
Hastings suggested using the word comparable whenever that situation comes up. Mr. Agnor
asked, if the job should be held open while a person is on military leave. Mr. Lindstrom said
he felt the language should be clarified so there is no exPectation by an employee. Mr.
Fisher said it is possible that in the future people might be called away for long periods of
time, so the Board should be careful about what kind of commitment is made. Dr. Hastings said
the County is only required for military leave to guarantee the employee no loss in pay, and
return him/her to a comparable position.
The next item discussed was Performance Review":
PERFORMANCE REVIEW
The County believes that the primary purpose of a performance review is to
inform employees about their level of performance and to offer constructive
help as to how they might improve.
The County endorses a regular system of performance reviews and recognizes
that this system is designed to:
Maintain or improve each employee's job satisfaction by showing an
intereSt in his/her development.
Serve as a systematic guide in planning further improvement in job
performance.
o Assure a considered opinion of an employee's performance.
Assist in determining and recording special talents, skills and/or
deficiencies.
Provide an opportunity for each employee to discuss concerns about
his/her job.
Assemble data for use as a guide for such purposes as wage adjust-
ments, promotions, training opportunities, disciplinary action,
reassignment, and dismissal.
Procedure for Compliance for Performance Review
Probationary Terms - During the six-month probationary period (not to
exceed one year), the supervisor will meet with the new employee at
the end of the third and sixth months in order to provide input about
the employee's progress. The probationary performance review must be
of an overall satisfactory rating for an employee to become a perma-
nent staff member.
549
September 4, 1985 (Adjourned from August 21, 1985)
Each employee shall receive an annual performance review at least 30
days prior to the anniversary date of the employee's date of hire
unless specific reasons are given to the employee for an extension.
The performance review will be conducted by the immediate supervisor.
Reviews of performance may be conducted on a more frequent basis when
desirable, however, in no case will the review be held less frequently
than once a year.
Unsatisfactory Evaluation - A classified employee who receives an
overall unsatisfactory evaluation will be reevaluated in three months
in order to assess progress shown by the employee and an increment may
be recommended at that time. An employee who receives two consecutive
overall ratings of unsatisfactory may be subject to dismissal. It
shall remain the responsibility of the supervisor to point out
specific areas of weakness and to suggest constructive ways to improve
job performance.
Performance reviews will be made on forms provided by the Personnel
Office, and a signed copy will be included in the employee's personnel
file. A copy will also be given to the employee.
Terminating employees will be evaluated at the time of separation and
such record will become part of the employee's permanent file.
Mr. Bowie said he feels the fact that an employee has six months on a probationary basis
should be spelled out clearly when an employee is first hired. This wording is set out too
late in the policies. Dr. Hastings suggested just expanding the language in this paragraph to
say that if the overall rating is not satisfactory, employment can be terminated. Mr. Bowie
said it should say that whenever an employee is hired, that employee is on probation until it
is decided whether he/she will become a permanent employee, and that at any time during that
~eriod, the employee may be dismissed. He felt it is important for the employee to know this
when employed. Mr. Fisher suggested that in the first paragraph of "A", the words "6-month"
be struck so the sentence would read "During the probationary period (six to twelve months),
the .... " He said the way the sentence reads now does not make any sense.
Mr. Agnor said he would like to ask a question about Paragraph E. The language states
"Terminating employees will be evaluated at the time of separation and such record will become
part of the employee's permanent file." He asked if the word "evaluated" should be
"interviewed". Dr. Hastings said no; the idea is to have the department head write a summary
of that person's performance as an employee so it would be a part of the record in the file.
Next was "Conditions of Employment: Personnel Funded through Other Than County Budget"
CONDITIONS OF EMPLOYMENT: PERSONNEL FUNDED THROUGH OTHER THAN COUNTY BUDGET
The County recognizes the fact that additional funding is available for
employees through various sources. The County encourages its adminis-
tration in the designing of projects which will enhance and stimulate its
regular programs. The County requires that the procedures utilized in
employing such personnel will be consistent with policies and procedures in
effect for regular County funded employees.
The County shall, in all cases, retain control over the employment, fringe
benefits and payment of all employees regardless of their source of
funding.
Procedure for Conditions of Employment: Personnel Funded
Throuqh Other Than County Budget
All projects or grants involving requests for employment of personnel
in Albemarle County shall be brought to the attention of the County
Executive and Personnel Director.
The Board ~hall be supplied with information on all projects and
grants and such additional personnel employed under these projects
grants.
Ail employees funded through other than County funds, inclusive of ~
any agency for which the County is the official designated fiscal
agent, shall be treated as though they were regular County employees
and shall be subject to the same classification system, fringe bene-
fits, and recruitment practices as regular County employees.
Ail employment of personnel, regardless of the funding source for
their salaries, shall be conducted in accordance with procedures
established and coordinated under the Personnel Director.
Administrators shall, in preparing a grant or project for additional
personnel, build into the proposal enough funds to cover the appro-
priate fringe benefit package for the position(s). The classification
of such positions will be determined in consultation with the
Personnel Director.
Under no circumstances shall the Board be held liable for funding
fringe benefits for other than County funded employees unless prior
approval has been received by the Board.
The performance of employees funded through other sources shall be
evaluated as that of regular County employees.
55O
September 4. 1985 (Adjourned from Auqust 21~ 19a5}
Dr. Hastings said that often there are positions which come from sources other than
County government funds. This policy guarantees that people hired using these funds would not
be paid different salaries from other County employees, and that these people would not
receive additional benefits. Also, it specifies that the Board will not be held liable for
fringe benefits for these employee, unless prior approval has been granted. Mr. Agnor said
there have been times when grant monies were received, and no fringe benefits were included,
and this has created a problem.
Next was a diScussion of "Personnel Records":
PERSONNEL RECORDS
The official personnel file shall be defined as the employment file
containing personal information relevant to the individual's employment
which is maintained in the County Personnel Office.
The official personnel file shall be the only file which is to be consid-
ered official and complete in matters related to wage and salary, employee
selection, evaluation, letters of reprimand or commendation, placement of
employees shall be contained in this file. Supervisor personnel are
responsible for forwarding all such documents to the Director of Personnel
for inclusion in the official file.
Confidentiality of Files
The Board shall protect the confidentiality of personnel files, personnel
references, academic credits and other similar documents. It shall estab-
lish no separate file that is not available for the employee's inspection.
File Contents
Subsequent to the date of employment, no material derogatory to an
employee's conduct, service, character or personality shall be placed in
his or her personnel file unless the employee has had an opportunity to
review the material. The employee shall be given the opportunity-to
acknowledge that he or she has reviewed the material by affixing his or her
signature. A statement will be included on the document stating, "This
signature in no way indicates agreement with the contents of this document
but only that I have received a copy of it." The employee also shall have
the right to submit a written answer to such material, and the Personnel
Director shall review the answer and shall attach it to ~ the file copy.
Reference, transcripts, placement folders and other materials that are
received on the basis of pledged confidentiality as a part of the preem-
ployment procedure shall not be considered as part of the file material for
purposes of this section and the Review of File contents section which
follows.
Review of File Contents
An employee shall have the right, upon request, to review the contents of
his or her personnel file.
Access to Personnel Files
The Director of Personnel will be held responsible for assuring that only
authorized individuals have access to the personnel files. The following
individuals shall have general access to files: (1) County Executive or
designee (2) Director of Personnel and (3) Personnel staff. The following
individuals shall be designated as having regular access to a limited
number of official personnel files: (1) Individual employees or former
employees after demonstrating identity and (2) In addition to the Depart-
ment Head, immediately supervisors shall have access to files of employees
under their authority only.
The Board, at its request, may review the personnel file of an employee in
executive session. In Such instances either the County Executive or
Director of Personnel will deliver the file to the Board.
There shall be no access to or dissemination of material from the official
personnel files to any individual or organization not having authorized
access unless a Voluntary Release of Information Form has been signed by
the employee and requesting individual or organization.
Removal of File Contents
Only the County Executive in conjunction with the Director of Personnel
shall have the authority to remove a document from a personnel file.
Requests for removal of a document from an individual's file shall be made
in writing through the Director of Personnel who will consult with the
County Executive and author of the document if possible, on the request. A
decision will be rendered in writing to the employee and, if removal of the
document is approved, the document will be forwarded to the employee.
Dr. Hastings said most of this language is in the current handbook. This will just
clarify that there is only one official file, and that is the one maintained in the Personnel
Department. One thing added is that derogatory material may not be put into the file without
the employee signing that he has seen a copy.
17
September 4, 1985 (Adjourned from August 21, 1985)
55i
Next was "Recruitment and Selection of Personnel":
RECRUITMENT AND SELECTION OF PERSONNEL
It shall be the policy of the County to recruit and select the most quali-
fied candidates for positions based upon established criteria. Recruitment
and selection of personnel will be conducted in an affirmative manner to
insure open competition and to yield the best possible candidates for each
position. The entire selection process shall be done in a consistent
manner in accordance with approved procedures. It will be balanced to
provide open competitive entry level opportunities as well as advancement
opportunities through promotion.
Procedure for Recruitment and Selection of Personnel
When a vacancy occurs, appropriate supervisory personnel will be respon-
sible for forwarding a job specification to the Personnel Office which
should include:
1) job title;
2) specific requirements;
3) closing date for receipt of applications.
Recruitment
The Director of Personnel shall develop and conduct an active recruitment
program designed to meet current and projected manpower needs. Recruitment
will be tailored to the various classes of positions to be filled and will
be directed to all sources likely to yield qualified candidates.
Job Announcement and Publicity - In order to attract an adequate nUmber of
candidates for present or anticipated vacancies, the Director of Personnel
will issue job announcements and publicize vacancies through such media as
is deemed appropriate. Job notices will be clear and readable and include
the job title, salary range, minimum qualification requirements, and other
pertinent information. Publicity for job vacancies shall be conducted for
a sufficient amount of time to insure reasonable opportunity for persons to
apply and be considered for emploYment. Job vacancies shall be formally
announced at least ten (10) working days prior to the closing date for
filing applications. In case of emergency need, exceptions to this time
limit may be authorized by the Director of Personnel.
Application Form - Ail applications for emploYment shall be made on pre-
scribed forms. All applications must be signed and the Director of
Personnel may require proof of statements made on the applications.
Rejection of Applications - The Director of Personnel may reject any
application which indicates that the applicant does not meet the minimum
qualifications established for the position. Applications may also be
rejected if the applicant:
1. Has deliberately falsified his application; or
2. Is physically, mentally, or otherwise unable to perform the
duties of the position; or
3. Has established an unsatisfactory employment record of such
nature as to demonstrate unsuitability for the position.
Whenever an application is rejected, notice of such rejection shall be
promptly mailed to the applicant, stating the reason for the rejection and
his right to appeal the action.
Promotions - may be open to Albemarle County employees who meet Prescribed
minimum requirements for the position to be advertised.
Selection Procedure - After the closing date for applications has passed,
the Director of Personnel will review applications to assure that they meet
minimum requirements. Initial interviews will be conducted at the depart-
ment level. The supervisory personnel will recommend the employment of a
finalist to the Director of Personnel who will meet with the candidate to
review salary, benefits and other conditions of employment.
Supervisory personnel will forward a list of those persons interviewed, the
date, and a brief rationale for their choice of candidate. This should be
written to the Director of Personnel and forwarded with the files of the
applicants.
Successful and unsuccessful candidates will be notified. Official notifi-
cation in writing by the Director of Personnel shall be the only commitment
of employment. The Personnel Action Authorization signed by the Director
of Personnel and County Executive or designee must be completed in order to
place an employee on the payroll.
No employee will be placed in emploYment without first submitting satis-
factory evidence of good health on the form provided by the Personnel
Office.
The insurance carrier has requested that the County secure driving records
from the Division of Motor Vehicles on all positions where the employee's
position requires use of a County vehicle to avoid excessive risk exposure.
'552
September 4, 1985 (Adjourned from August 21~ 1985)
Dr. Hastings said there is currently no formal policy as to how the County handles the
recruitment procedure. This policy sets out a formal procedure to be used. Mr. Fisher
questioned a paragraph under "Selection Procedure" which begins "Successful and unsuccessful
candidates will be notified." He asked if the reason for any rejection is stated in the
notice and that the candidate has the right to appeal that action. Dr. Hastings said that
under the section entitled "Rejection of Applications", if the rejection is for one of the
specific reasons set out, the reason is stated. Under the paragraph mentioned by Mr. Fisher,
no reason is stated since there might be no specific reason other than there were many candi-
dates for the vacancy.
Mr. Fisher said this policy does not mention Affirmative Action. Dr. Hastings said that
is a separate policy. Mr. Agnor said the Board was advised several months ago that the staff
was redrafting the Affirmative Action Plan; it is still not complete.
Next was a new policy entitled "Safety Practices":
SAFETY PRACTICES
The Board adheres to the philosophy that safety is of utmost importance in
promoting a sound local government program and good working environment.
The Board places the responsibility for safety with every individual
employed in Albemarle County. It shall be the policy of the Board to
continuously stress the need for safety and to establish and maintain
procedures which will facilitate the identification and correction of
safety hazards and hold every employee accountable for sound safety prac-
tices in their association with the County.
Procedure for Safety Practices
The Personnel Office will develop, publish, and enforce a list of
safety procedures to be utilized by all employees while they are
working.
The Personnel Office will stress the importance of safety in the work
environment by providing training materials, signs, posters, etc.
In each building/department there will be a designated administrator
whose responsibilities will include the entire aspect of safety. The
person's name will be made known to all individuals within a building.
Duties of the safety administrator shall include:
Periodic inspections of the buildings, grounds, and equipment,
etc. and the filing of appropriate reports to correct safety
hazards.
Follow-up on reports of annual inspections reports by insurance
companies, Fire Department, State Health Departments.
Any employee who notices a potential safety hazard shall report this
to the designated building~administrator. The administrator will
investigate the matter and determine what is needed, if anything, to
make the correction. Referrals will be made to the appropriate
individual or department, and follow-up will be conducted to assure
that the problem has been rectified.
On-the-job accidents/injuries will be reported within 24 hours on the
Employer's First Report of Injury form to be filed with the State
Department of Labor.. In addition, supervisory personnel will be
responsible for completing the Supervisor's Report of Accident Inves-
tigation. This form should detail follow-up action to prevent further
accidents and should be filed with the Personnel Director.
The Personnel Director will be responsible for overseeing employee
safety procedUres on a County-wide basis, reporting to the Super-
intendent, County Executive and Boards on a yearly basis the overall
safety record of the County.
Safety problems of a general nature may be referred to the Employee
Council for further study and recommendations.
Dr. Hastings said the Personnel Department was put in charge of this policy because it
administers Workmen's Compensation. There needs to be a policy and procedure on safety
practices within the County government and within the School division. This policy sets out
that there should be a designated person in each department, or each school, to be responsible
for safety aspects. Also, it specifies that there should be follow up reports after inspec-
tions. She will also follow up after claims for Workmen's Compensation to see that some
corrective action was taken. She will make reports to the County Executive and the Super-
intendent of Schools on a yearly basis for the overall safety record of the County. Mr. Agnor
asked what an "Employee Council" is? Dr· Hastings said that in the schools there is an
employee council or a representative group of people from different phases of employment.
Mr. Bowie said he has more problems with this section than any other section in the
Policy Manual. He does not understand why "the Personnel Office will develop, publish, and
enforce" such a policy. He asked what has happened to the Board of Supervisors or the County
Executive and his staff in this procedure. He does not feel the Personnel Office is the place
to enforce regulations. He does not feel there would be anyone on the Personnel staff who is
qualified to make these judgments, and he would not support hiring someone for this purpose;
therefore, he feels the Personnel Office is being directed to do something they cannot do.
553
September 4, 1985 (Adjourned from Auqust 21, 1985)
Even if this were done, the Personnel Director would have to come before the Board each year
to explain how he/she is doing his job. He does not feel anyone in that position will say "I
am doing a lousy job". Being responsible for this procedure and also making the report does
not make sense. In paragraphs 3 and 4, it talks about having safety administrators, who may
or may not be the same as the building administrator, building and department administrators,
and he feels those are managerial jobs. He does not feel there needs to be other than the
department manager, who may request help. In paragraph 5, when something goes wrong and
someone is hurt, all the managers disappear and the supervisor takes over to fill out all
reports, etc. Mr. Bowie said that is the person who should have been responsible all along.
Then, an Employee Council is mentioned, and the Board does not know the people involved or
what they are going to do with anything sent to them. Mr. Bowie said the wrong people are
responsible for this procedure, responsibilities are set up for positions that do not exist
and which are not needed, and the policy is not set up to accomplish anything.
Dr. Hastings said some policy is needed to say who is responsible for safety practices.
Mr. Bowie said the immediate supervisor is, and he does not feel enforcement should rest with
the Personnel Department. Mr. Fisher said in industries, managers are ususally responsible
for safety in their area, but there is someone else in overall charge who comes around every
now and then to check on them. The question is where that responsibility belongs, and how the
County would go about implementing such a procedure. Mr. Bowie said he did not believe the
Board could rewrite this policy today, but this policy does not accomplish any standard safety
program, nor does it establish any real responsibility. Mr. Fisher said the question seems to
be under whose responsibility a policy concerning Safety Practices belongs. Dr. Hastings said
she became involved because the Personnel Office does Workmen's Compensation claims. Mr.
Fisher said the policy really does need more editing. Mr. Bowie said he would prefer to see
some other presentation of this policy.
Next was "Salary Administration and Position Classification":
SALARY ADMINISTRATION AND POSITION CLASSIFICATION
The Pay Plan adopted by the Board will be directly linked to the Classi-
fication Plan and will be based on the principle of equal pay for equal
work. The Board will maintain a salary administration program which will
provide for payment of salaries and for recognition of and reward for
differences in individual ability and performance.
Procedure for Salary Administration and Position Classification
Class specifications are written descriptions of each position which
include general statements of the duties, responsibilities and
qualifications necessary for that position. A class specification
will be developed for each position and will be reviewed on an annual
basis to assure that it is an accurate reflection of that position.
Like classifications will be grouped in terms of common elements such
as:
Knowledge and training required.
Difficulty and complexity of duties.
Responsibility for supervision.
This grouping will be determined by a systematic point value arrived
upon in the analysis of each job.
It is the responsibility of the supervisory personnel to maintain
equitable and properly evaluated positions within his/her department.
Newly created positions or major changes in the functions or responsi-
bilities of an existing position should be reported to the Personnel
Director in order to initiate an evaluation study to establish a new
position or reclassify an existing position.
Ail evaluation ratings must be approved by the Personnel Director in
conjunction witk the Deputy County Executive prior to placement on a
salary range.
Salary ranges will be established for each class of positions based
upon information about similar positions in the community and, where
appropriate, compared with similar positions within the state as well
as the policies of the Board.
The pay ranges shall consist of the minimum, one or more intermediate,
and the maximum rates of pay for all classes of positions.
The Personnel Director will insure that the plan is kept current
through periodic reviews and comparative studies of pertinent factors
affecting levels of pay.
Ho
Entrance Pay Rate - The entrance pay rate shall normally be the
minimum rate in the pay range prescribed for the class. Under no
circumstances will an employee receive an entrance pay rate below the
minimum rate prescribed for the class to which he is placed unless he
is on probationary status. In no case will this be more than 10% less
than the minimum.
In-Grade Pay Increment - An employee may be eligible for their in-
grade pay increment on or about the anniversary date of employment
each year. The pay adjustment will take effect the first of the month
in which the anniversary occurs. If an employee is at the last
regular step or in any longevity steps, (L - O) two years must elapse
before advancing to the next step or steps (dependinq. on evaluation).
554
September 4, 1985 (Adjourned from August 21~ 19_~_ ~
Pay Rate Adjustments - The following personnel actions shall affect
the pay status of an employee in the manner described.
Transfers - When an employee is transferred from one class to
another within a common pay range, he shall continue to receive
the same pay rate. Transfers may take place only if it improves
the general operations of the County and/or upon request of the
employee or if the employee meets the minimum qualifications of
the position to whick he/she is being transferred.
Promotion - When an employee is promoted from one class to
another having a higher pay range, he shall receive an increase
of not less than ten percent. If the employee's current rate of
pay is below the minimum for the higher class, . ,ner
his/pay shall be
increased to the minimum rate of ~ higher class. Promotions can
only occur if:
There is a vacancy in the higher pay range, or
If additional positions in the higher class are approved in
the budget cycle for implementation in the next fiscal year.
Promotions change the anniversary date to that date on which the
promotion becomes effective.
Demotion - When an employee is demoted from one class to another
having a lower pay range, he shall be placed within the lower
range, providing at least a ten percent reduction in pay. When
an employee is demoted for administrative purpose~ through no
fault of the employee, his pay shall remain the same until the
range has been adjusted to accommodate an adjustment in rate.
Dr. Hastings said these procedures are extracted from the last consultant's study on the
Pay/Classification plan; this places the procedures in the policy manual. These policies
basically set out what the County has been doing in the past. She noted that she is going to
write Class Specifications for each position.
The Board continued with the policy on "Standards of Conduct":
STANDARDS OF CONDUCT
The County requires that all of its employees will conduct themselves in a
manner which reflects favorably upon them as a representative of local
government. To this end the County will eStablish and maintain certain
standards of conduct designed to:
establish a fair and objective process for correcting and treating
unacceptable conduct
distinguish between less serious and more serious misconduct and
provide timely corrective action.
The standards of conduct are intended to be illustrative but not all
inclusive of the type of conduct expected of local employees.
At a minimum the following standards are expected of all employees:
Procedures for Compliance - Standards of Conduct
Timely and Regular Attendance.
Dependable Application of Time - employees are expected to apply
themselves to their assigned duties during the full schedule for which
they are compensated except for reasonable time provided for such
things as personal hygiene.
Satisfactory Work Performance.
The following are examples of unacceptable conduct:
9.
10.
11.
12.
13.
14.
15.
Unsatisfactory attendance performance or excessive tardiness.
Abuse of County time such as unauthorized time away from the work
area.
Obscene or abusive language.
Conviction of a moving violation or failure to notify supervisor of an
accident while using a County vehicle.
Inadequate or unsatisfactory job performance.
Failure to follow a supervisor's instructions, perform assigned work
or comply with established County policy.
Reporting to work under the influence of alcohol or unlawful use of
controlled substances.
Leaving the work site without permission during work hours.
Failure to report to work without proper notification.
Unauthorized use or misuse of local government property or records.
Violation of safety rules.
Falsifying any records such as, but not limited to, vouchers, reports,
insurance, time records, leave records or other official records.
Willfully or negligently damaging or defacing records, County pro-
perty, or employee property.
Theft or unauthorized removal of County records or property.
Gambling on County property or during work hours.
September 4, 1985 (Adjourned from August 21, 1985)
16. Acts of physical violence or fighting on the job.
17. Unauthorized possession or use of firearms, dangerous weapons or
explosives on the job.
18. Threatening or coercing employees.
19. Criminal convictions for acts of conduct occurring on or off the job
which are plainly related to job performance or of such a nature that
to continue the employee in the assigned position could constitute
negligence in regard to the County's duty to the public or its
employees.
Dr. Hastings said there is a very short statement about Standards of Conduct set out in
the current Employee Handbook. Her department needs to have more specific standards set out.
Fisher mentioned 97, reporting to work under the influence, etc. He asked about mere
possession. Dr. Hastings suggested changing 917 to read: "Unauthorized possession or use of
alcohol, controlled substances, firearms .... "
Next was "Termination of Employment"
TERMINATION OF EMPLOYMENT
The County recognizes that termination of employment can be either volun-
tary or involuntary. In all cases, the procedures used will be of a fair
and consistent nature, taking into consideration the reasons for
separation.
Various Types of Procedures for Termination of Employment
Resignation: Voluntary separation from employment on the part of an
employee for any reason. Normally an employee shall submit a formal
letter of resignation to his/her immediate supervisor at least 14 days
prior to the effective date. This will be forwarded to the Personnel
Director for inclusion in the personnel file.
Be
Layoff: Reduction in the work force due to budgetary restriction
and/or reduced work load. In the case of a layoff, immediate super-
visors will notify affected employees as far in advance as possible.
Consideration will be given to seniority and qualifications to perform
work in the jobs not affected by the layoff when deciding which
employees will be laid off. Employees will be called back to work on
the basis of seniority and qualifications.
Dismissal: Involuntary separation from employment due to disciplinary
infractions or inability to perform the work. In all such cases, it
is expected that the immediate supervisors has thoroughly investigated
the incidents leading to the dismissal, documented any action taken,
and has applied discipline in a fair and consistent fashion. The
immediate supervisor shall keep the Personnel Director informed of any
disciplinary actions in progress.
The County Executive or designee may place on probation and dismiss
classified employees for just cause. An employee who is dismissed may
appeal the decision through the approved grievance procedure.
Mandatory Retirement: Retirement for all employees of the County is
mandatory at age seventy (70). Employees who reach age seventy (70)
during the fiscal year (July 1--June 30) may complete that year.
The Personnel Director shall initiate the termination report, signed
by the County Executive or designee. This form will be the only
official notification to remove an employee from the payroll.
An exit interview should be conducted with every employee who is
separating from employment regardless of the length of service, his
position or the circumstances of his separation. The Personnel
Director will conduct all exit interviews, normally during the
employee's last work day. Supervisory personnel have the responsi-
bility of notifying the Personnel Director as soon as they know an
employee is leaving.
Mr. Fisher asked if the County should not give 14 days notice of layoff. Dr. Hastings
said notice is to be given as far in advance as possible, but the language, "within a minimum
of 14 days notice" could be added. Mr. Fisher said if budgetary restrictions or reduced work
load were to cause a layoff, the County woUld know about that long enough in advance to give
an employee the same notice that the County would expeCt if an employee resigns.
Mr. Fisher noted that there had been a couple of extra sheets handed out. He asked what
the Board wanted to do about these, since the Board has another meeting tonight, and needed tc
adjourn at this time.
Dr. Hastings said a couple of departments have wanted to use the proposed "Criminal
Convictions/Motor Vehicle Violations Policy" before hiring a new employee.
CRIMINAL CONVICTIONS/MOTOR VEHICLE VIOLATIONS POLICY
It is the policy of Albemarle County to seek criminal conviction and
Department of Motor Vehicle violation information on applicants for perma-
nent county positions prior to their employment. It is the responsibility
of the Department of Personnel to determine on a case basis whether or not
a convicted offender will be employed considering the sensitive nature of
the affected job, the seriousness of the offense(s) and the honesty of the
applicant in completing the application form.
,556
September 4, 1985 (Adjourned from August 21~ 1985]
PROCEDURE FOR COMPLIANCE
Applicants for permanent positions and appropriate temporary posi-
tions, including those for transfer, will be advised by an attachment
to the application form that they will be required to sign a state-
ment before or at the time an employment offer is made which autho-
rizes Albemarle County to have a criminal conviction and motor vehicle
violation investigation performed and that satisfactory outcome of the
investigation is a condition of employment.
The attachment will also indicate that convictions included on the
application form will not be used to influence the selection process
if the conviction is not considered by Albemarle County management to
be related to the duties of the position for which application is
made.
Applicants who omit convictions from the application form will be
denied employment for falsification of the application.
Ail written offers of employment will state that the execution of an
authorization for Albemarle County to conduct a criminal conviction
motor vehicle violation investigation and its satisfactory outcome are
conditions of employment.
If the applicant refuses to execute an authorization for the criminal
conviction/motor vehicle violation investigation, the application
process will terminate.
Ail criminal record requests will be forwarded to the Albemarle Police
Department for processing.
If the response to the request indicates "No Conviction Record" it
will be filed in the employee's personnel file.
~f~'~l~sponss indicates a conviction('s), the response will be
reviewed by the Director of Personnel. Convictions/violations which
are judged not to be related to the duties of the position for which
application is made.will not be discussed with the employing school/
department unless such discussion is necessary to make the decision to
employ the applicant. If the response reveals convictions/violations
which appear to be job related, it will be discussed with the employ-
ing school/department to determine what action would be appropriate.
Records of criminal conviction/motor vehicle violation information
will not be filed in the individual's personnel file. Conviction
information received by Albemarle County will not be disseminated to
any third party not directly involved in the hiring process.
NOTICE TO APPLICANTS
The Albemarle'County Application for Employment requires information
concerning law violation convictions including moving traffic violations.
Applicants are required to disclose all such convictions (which have not
been overturned) including those which may have occurred under a name other
than what is shown on the application form. Juvenile Court convictions
should not be included on the application. Arrests, as opposed to convic-
tions, should not be noted on the application.
Convictions disclosed on the application form will not be used to influence
the selection process if they are not considered by Albemarle County to be
related to the duties of the position for which application is made.
Applicants who do not disclose all required convictions on the application,
will have offers withdrawn or be terminated from employment for falsifi-
cation of the application.
It is the policy of Albemarle County to conduct criminal conviction inves-
tigations on all applicants offered employment. As a condition of employ-
ment the applicant, at the time %~offer~de, will be required to sign a
statement which authorizes Albemarle County to have a criminal investi-
gation performed. If the applicant does not sign th statement, or if the
results of the investigation are unsatisfactory, the offer will be with-
drawn or, if the employee has started to work, employment will be
terminated.
Dr. Hastings said that basically, the policy states that before offering permanent
employment to someone, a criminal investigations check will be made to be sure is nothing will
affect a person's employment with Albemarle County. Dr. Hastings said the Personnel Depart-
ment is required, by a new State law effective July 1, 1985, to ask if an applicant has ever
abused a child, etc. The School Board is expected to act on this policy next Monday night.
Mr. Bowie said he objects to just everybody asking for a police background check whether
or not it is needed for the job. He feels that often it is a needless intrusion on someone's
personal life and there is no need for it. Dr. Hastings said the problem is~that County
employees are exposed to the public all the time, and there are certain expectations the
public has of a County employee, particularly in the schools. Mr. Agnor said the School Board
is about to adopt this policy, and Dr. Hastings wants to be sure there will not be any
557
Se-tember 4 .1985~urned from Auq~ust 21__~1985~
variation. Dr. Hastings said she would like to say that the Board of Supervisors supports
this policy. There are at present a couple of department heads holding commitments because
they would like to make this check. Mr. Way said he has no problem with the policy. Mr.
Fisher noted that on the application form it states "alias and/or nickname". He does not like
the word "alias". He handed to Dr. Hastings a form he had from another agency, where it is
stated as "all other names, including maiden name, names by former marriages, and dates on
which names were used."
Mr. Way said he had a question because an employee had called him about holidays.
policy is set out below:
This
HOLIDAYS
Ail permanent emplOyees are allowed eleven paid holidays per year.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
New Year's Day - January 1
Lee-Jackson Day - Third Monday in January
President's Day (Washington's Birthday) - Third Monday in February
Jefferson's Birthday - April 13
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve - December 24
Christmas Day - December 25
Other holidays are granted by special proclamation of the Governor and/or
Board of Supervisors. Permanent employees are eligible for holidays with
pay as soon as they begin work. If a holiday falls on a Sunday, the
following day will be observed as a holiday~ If a holiday falls on a
Saturday, the previous day will be observed as a holiday. If a holiday
falls within your vacation, it is not charged to your annual leave.
The above-noted holidays, while being followed by the majority of
employees, are not guaranteed as to specific dates. Under some situations,
due to coverage requirements, the holidays for an individual employee or
group of employees may be scheduled by the department head on alternate
dates as long as the total number of holidays per year is granted to the
employee.
Mr. Way asked if an employee is required to work on a holiday, if he/she gets to take
that day off at another time with pay. Dr. Hastings said no employer is required to give
holidays for departments which must be staffed 24 hours a day, the County Attorney's office
has said it is best to say that the County gives eleven paid holidays a year, and that some
departments must be staffed on those holidays, but an employee will be given a day at some
other time during the year. The person would not receive time and one-half pay and also get
another day. For example, working on Christmas Day, an employee would get another day off.
Mr. Agnor said the employee is not being guaranteed a specific day, but is assured of getting
eleven paid holidays.
Dr. Hastings mentioned one other policy on "Overtime" which she said is basically what
the County has been using, and which brings the County into compliance with the Fair Labor
Standards Act.
OVERTIME POLICY
The authorization and control of all overtime work is the direct responsi-
bility of the department head. Overtime assignments are permitted only
when required by operational necessity, and without which the normal
functioning of the agency concerned would be adversely affected. Employees
will normally be compensated at a time and a half rate for overtime hours
worked for employees covered under the Fair Labor Standards Act. For
employees not covered under this Act, time worked over 40 hours in the
designated work period will be compensated by compensatory time earned on
an hour for hour basis.
Overtime Hours Defined
Overtime hours are defined as all those hours exceeding the average rate of
40 hours in one week over a fixed work schedule (i.e., seven days, 28 days,
etc.) established by the appointing authority. The County Executive has
established an official work week extending from Saturday at 12:01 a.m. to
Friday at 12 midnight. For purposed of overtime calculations, time paid
but not worked, i.e. annual leave or sick leave, will not be counted toward
the 40 hour work week.
Compensatory Time
Compensatory time is defined, as leave time granted in lieu of compensation
for time worked over and above the regular work schedule. It is understood
that such additional time is worked at the direction of the department head
or designee. For employees covered under the Fair Labor Standards Act,
compensatory time would only be applicable within the defined work period,
i.e. seven days or 28 days for law enforcement personnel. For employees
exempt from the Fair Labor Standards Act, compensatory time shall be taken
within a six month period and shall be utilized before annual leave is
granted. In circumstances where it is impossible to arrange the use of
compensatory time within the six month period, department heads may request
an extension for additional time from their Deputy County Executive.
525
September 4 1985 Ad'o
Child Protective Service
Child protective service workers serving on-call are entitled to compen-
sation as approved by the County Welfare Board; described as follows:
For all workers covering on-call responsibilities, one hour~of compen-
satory time will be given for each eight hour shift of stand-by-duty.
b. When a worker is actually called out to provide direct door-to-door
-.~ ~,service for more than two hours in any eight hour shift, he or she
will be compensated at one and one-half hours for each hour spent in
the field.
Ce
No worker shall receive both stand-by and door-to-door compensation in
any one eight hour shift.
Agenda Item No. 3. Adjourn.
At 5:30 p.m., motion was offered by Mr. Bowie, seconded by Mr. Way, to adjourn into
executive session for a discussion of personnel and acquisition, sale or use of public
property. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Bowie, Fisher, Henley, Lindstrom and Way.
None.
Mrs. Cooke.
The Board reconvened into open session at 7:29 p.m. and immediately adjourned.
Chairman