Loading...
HomeMy WebLinkAbout3/12/2024 - Adopted Board Records ACTION NO. 031224-1 ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2024 AGENDA ITEM: Resolution approving updates to the bylaws of Blue Ridge Behavioral Healthcare SUBMITTED BY: Madeline Hanlon Assistant to County Admini a APPROVED BY: Richard L. Caywood County Administrat r ISSUE: The approval of updates to the bylaws of Blue Ridge Behavioral Healthcare BACKGROUND: Blue Ridge Behavioral Healthcare (BRBH) is the Community Services Board serving adults, children and families with mental health disorders, developmental disabilities, or substance use disorders in the Roanoke Valley of Virginia. BRBH serves residents of the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig, and Roanoke. BRBH's bylaws were last amended, December 11, 2011. Over the last year, BRBH has proposed to revise their bylaws. An updated version was presented to the Blue Ridge Behavioral Healthcare Board of Directors in December 2023, and were accepted by the BRBH Board by unanimous vote. DISCUSSION: Article XIV of The Blue Ridge Behavioral Healthcare Board bylaws state, "These Bylaws shall be reviewed annually by the Board and may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing 15 days prior to the meeting, subject to the approval of the governing bodies of the Local Political Subdivisions."(emphasis added). Page 1 of 3 Because Roanoke County is one of the local political subdivisions served by Blue Ridge Behavioral Healthcare, approval by the Roanoke County Board of Supervisors is needed. Proposed changes to the bylaws include: Clarification to the meanings of the term "operating community services board," which can refer to both 1) the collective members of the community service board which are appointed by the governing bodies of the local subdivisions which established it, and/or 2) the organization, under the authority of the appointed board, which provides services through its own staff or through contracts with other providers. References to and specific language from the Code of Virginia. • Revisions to Article Ill, Section 5 (Mechanics of Appointment) has been removed from bylaws and incorporated into a separate appointment policy. • Revisions to attendance standards for board members (Article VIII, Section 7), establishing the expectation that Board Members "attend meetings, assigned committee meetings, and special meetings on a consistent basis." FISCAL IMPACT: There is no fiscal impact associated with this resolution. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution approving updates to the bylaws of Blue Ridge Behavioral Healthcare. VOTE: Supervisor Mahoney moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 3 CC: Mark Chadwick, Executive Director, BRBH Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 RESOLUTION 031224-1 APPROVING AMENDMENTS TO THE BYLAWS OF BLUE RIDGE BEHAVIORAL HEALTHCARE WHEREAS, Blue Ridge Behavioral Healthcare (BRBH) is an operating community services board formed pursuant to and governed by the provisions of Chapter 5 (Community Services Boards) of Title 37.2 (Behavioral Health and Developmental Services) of the Code of Virginia; and WHEREAS, Article XIV of BRBH's bylaws states, "These Bylaws shall be reviewed annually by the Board and may be amended at any regular meeting of the Board ... subject to approval of the governing bodies of the Local Political Subdivisions" which membership on the BRBH Board of Directors; and WHEREAS, BRBH's bylaws were last amended in 2011. An updated version was presented to the BRBH Board of Directors in December 2023, and was accepted by unanimous vote. The proposed amendments to the bylaws were included in the Board's packet of materials for this meeting and have been reviewed by County staff. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The Board approves the amendments to bylaws of Blue Ridge Behavioral Healthcare as they have been proposed. 2. This resolution shall take effect immediately upon its adoption. Supervisor Mahoney moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. Page 1 of 2 AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric rd L. C ood, P.E. unty inistrator/ Clerk to the Board of Supervisors CC: March Chadwick, Executive Director, BRBH Page 2 of 2 A T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 RESOLUTION 031224-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for March 12, 2024, designated as Item F-Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 inclusive, as follows: 1. Approval of minutes — January 4, 2024, January 8, 2024, January 9, 2024, and January 11, 2024 On motion of Supervisor Radford to adopt the resolution; seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, North NAYS: None ABSTAIN: Supervisor Shepherd A COPY TESTE: Ric rd . Caywood, P.E. un Administrator/Clerk to the Board of Supervisors Page 1 of 1 A T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 RESOLUTION 031224-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for March 12, 2024, designated as Item F-Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 2 through 4 inclusive, as follows: 2. Approval of minutes-January 23, 2024, February 13, 2024, and February 27, 2024 3. Ordinance authorizing the relocation of Windsor Hills district precinct 303 polling place pursuant from our lady of Nazareth Church at 2505 Electric Road in Roanoke to Christ the King Church at 2335 Electric Road in Roanoke (Second Reading) 4. Resolution amending and re-adopting a Grievance Procedure On motion of Supervisor Mahoney to adopt the resolution; seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None Page 1 of 2 A COPY TESTE: 2__ ___________----- County Administrator/Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Anna Cloeter, Director of Elections and General Registrar W. Michael Galliher, Clerk, Circuit Court Page 2 of 2 ACTION NO. 031224-3.c ITEM NO. F_3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2024 AGENDA ITEM: Ordinance authorizing the relocation of Windsor Hills district precinct 303 polling place pursuant from our lady of Nazareth Church at 2505 Electric Road in Roanoke to Christ the King Church at 2335 Electric Road in Roanoke SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Ca o County Ad nistrator ISSUE: Request to move the location of Windsor Hills District Precinct 303 Polling Place from Our Lady of Nazareth Roman Catholic Church to Christ the King Presbyterian Church. BACKGROUND: The Roanoke County Electoral Board requests that the Board of Supervisors approve its recommendation that Windsor Hills District Precinct 303 Polling Place be relocated from Our Lady of Nazareth Roman Catholic Church at 2505 Electric Road in Roanoke, Virginia 24018 to Christ the King Presbyterian Church at 2335 Electric Road in Roanoke, Virginia, 24018. Per§ 24.2-306(A) of the Code of Virginia, any changes in polling places must be enacted more than 60 days prior to the next election. Per§ 24.2-306(B), notice of such change must be mailed to all voters registered in the affected precincts at least 15 days prior to the next election. DISCUSSION: Our Lady of Nazareth church has willingly provided a polling place for Precinct 303 voters but is no longer available in the third week of June for primary elections. Rather than move voters from this location for each June primary, the Electoral Board agrees Page 1 of 2 that finding a new polling place is in the best interests of the voters. Because this ordinance cannot be enacted within the required 60 days prior to the March 2024 primary elections, the Virginia Department of Elections has approved an emergency relocation of the polling place for the month of March 2024. However, Board action is necessary in order to retain Christ the King Church as a polling place for the remainder of 2024. Christ the King church has agreed to serve for the remainder of this year and is potentially open to continuing to serve as a polling place for Precinct 303 going forward. FISCAL IMPACT: The fiscal impact, including the required legal notice and postage for mailing notification postcards to affected voters, is estimated to be approximately $1,000. This sum will be paid from Voter Registration and Elections' current budget appropriation; no additional funding is being requested. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. There have been no changes since the first reading. Supervisor Mahoney moved to approve the ordinance. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Anna Cloeter, Director of Elections and General Registrar Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 ORDINANCE 031224-3.c AUTHORIZING THE RELOCATION OF WINDSOR HILLS DISTRICT PRECINCT 303 POLLING PLACE FROM OUR LADY OF NAZARETH CHURCH AT 2505 ELECTRIC ROAD IN ROANOKE TO CHRIST THE KING CHURCH AT 2335 ELECTRIC ROAD IN ROANOKE WHEREAS, Sections 24.2-306, 24.2-307, and 24.2-310 of the Code of Virginia (1950), as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the current polling place for Windsor Hills District Precinct 303 (Our Lady of Nazareth Roman Catholic Church) has a scheduling conflict with the upcoming June 18, 2024 elections; and WHEREAS, Christ the King Presbyterian Church has agreed to serve as the polling place for Windsor Hills District Precinct 303 for the remainder of this year 2024; and WHEREAS, elections officials have determined that the citizens would be better served with the relocation of the Windsor Hills District Precinct 303 polling place to Christ the King Presbyterian Church; and WHEREAS, because this ordinance cannot be enacted within the required 60 days prior to the March 2024 primary elections, the Virginia Department of Elections has approved an emergency relocation of the polling place for the month of March 2024; however, Board action is necessary in order to retain Christ the King church as a polling place for the remainder of 2024; and WHEREAS, the first reading of this ordinance was held on February 27, 2024, and the second reading was held on March 12, 2024. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Windsor Hills District Precinct 303 polling place in the Windsor Hills Magisterial District be relocated from Our Lady of Nazareth Roman Catholic Church located at 2505 Electric Road, Roanoke, Virginia 24018 to Christ the King Presbyterian Church located at 2335 Electric Road, Roanoke, Virginia 24018. 2. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in polling precinct and for reasonable notification to the voters of this change in their polling location. 3. That the County Administrator and the General Registrar are hereby authorized and directed to take such other actions as may be necessary to accomplish the intent of this ordinance. 4. That this ordinance shall take effect from and after the date of adoption. Supervisor Mahoney moved to approve the second reading of the ordinance. Supervisor Radford seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ri rd L. Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Anna Cloeter, Director of Elections and General Registrar ACTION NO. 031224-3.d ITEM NO. F_4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2024 AGENDA ITEM: RESOLUTION AMENDING AND RE-ADOPTING A GRIEVANCE PROCEDURE SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administra r ISSUE: Amendment and re-adoption of a grievance procedure BACKGROUND: Pursuant to Section 15.2-1506 of the Code of Virginia, every locality with more than fifteen employees must have a grievance procedure that "affords an immediate and fair method"for resolving disputes between the locality and its employees. Section 15.2-1507 requires that such a grievance procedure be adopted by the locality's governing body. A "grievance" is a complaint or dispute by an employee relating to his or her employment. The four grievable issues include tangible actions relating to: 1) discipline; 2) discrimination; 3) retaliation; and 4) misapplication of policy. Non-probationary and full and part-time employees are eligible to file grievances. However, certain classes of high-level managerial employees may be excluded. The Board, at the concurrence of each of the County's Constitutional Officers, has previously adopted resolutions accepting employees of the current Constitutional Officers into the County's personnel system, which includes a procedure for resolving grievances for employees. Page 1 of 3 The grievance procedure generally follows four official steps: Step 1 - Meeting with a Step 1 Official; Step II - Meeting with the Top Level Official; Step III - Meeting with the County Administrator; and Step IV- Panel Hearing. The Constitutional Officers have requested the Board amend the County grievance procedure in order to allow grievances by employees of Constitutional Officers to be heard only within the office of the respective Constitutional Officer, prior to the final Panel Hearing. Such grievances would no longer be heard by the County Administrator. Such a change is permissible under the Code of Virginia and is an approach that several other localities have implemented. While it allows the Constitutional Officers to retain some degree of independence in such matters, decisions remain subject to review and reversal by the grievance panel. DISCUSSION: It is proposed that the grievance procedure be revised and re-adopted to allow grievances by employees of Constitutional Officers to be heard only within the office of the respective Constitutional Officer, prior to the final Panel Hearing. Additionally, other minor revisions have been made, as set forth in the attached documents. FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Staff recommends adoption of the proposed resolution. VOTE: Supervisor Mahoney moved to adopt the resolution. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Page 2 of 3 Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 RESOLUTION 031224-3.d AMENDING AND RE-ADOPTING A GRIEVANCE PROCEDURE WHEREAS, pursuant to Section 15.2-1506 of the Code of Virginia, every locality with more than fifteen employees must have a grievance procedure that "affords an immediate and fair method"for resolving disputes between the locality and its employees; and WHEREAS, Section 15.2-1507 requires that such a grievance procedure be adopted by the locality's governing body; and WHEREAS, the Board, at-the concurrence of each of the County's Constitutional Officers, has previously adopted resolutions accepting employees of the current Constitutional Officers into the County's personnel system, which includes a procedure for resolving grievances for employees; and _- _ _ __WHEREAS, the .Constitutional Officers have requested the Board amend the County grievance procedure in order to allow grievances by employees of Constitutional Officers to be heard only within the office of the respective Constitutional Officer, prior to the final Panel Hearing; and WHEREAS, such amendment allows the Constitutional Officers to retain some degree of independence in such matters, and decisions remain subject to review and reversal by the grievance panel; and WHEREAS, some other minor amendments to the grievance procedure have also been proposed, including clarifications regarding which employees lack the right to access the provisions of the procedure. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, that: 1. The County's Grievance Procedure is hereby amended and re-adopted as set forth in the attached document marked as Exhibit 1 and titled, "Chapter 6 — GRIEVANCE PROCEDURE." 2. The amended and re-adopted Grievance Procedure shall become effective upon its_certification_(by the County Administrator and County Attorney) to -the Clerk of the Roanoke County Circuit Court pursuant to Section 15.2- 1507(A) of the Code of Virginia. Supervisor Mahoney moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. - AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: 'ch . Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court CHAPTER 6—GRIEVANCE PROCEDURE A. Purpose Generally, the majority of employee/employer problems can be settled to the satisfaction of both through informal discussion between the employee and the supervisor. If not, the Grievance Procedure described herein may be used. Any supervisor or other management official who makes a reprisal against an employee for filing a grievance may be subject to disciplinary action, including demotion or dismissal. B. Personnel who are Subject to Grievance Procedure The following personnel may use the Grievance Procedure: • Non-probationary, full-time employees of constitutional officers who have chosen to have their offices participate in the County's grievance procedure • All other non-probationary, full-time employees • Part-time employees who have worked for the County at least six consecutive months • Probationary, temporary and seasonal employees may file a grievance if the complaint involves a charge of unlawful discrimination. The following County employees may not use the Grievance Procedure: • Elected officers • Chief Deputies of Constitutional Officers • Board-appointed officers • The County Administrator • The County Attorney • Deputy County Administrator • Assistant County Administrator • n stant t„ the Co my n dmin strator • Executive n ssistant to ♦be C my n dm strator • Assistant positions irrespective of title reporting directly to the County Administrator • Chief Deputy Clerk to the Board of Supervisors (who serves as a deputy to the County Administrator in his or her role as Clerk to the Board of Supervisors) • Department Heads • Probationary, temporary, limited term, and seasonal employees • Note: As job titles and specific duties may change from time to time, a complete listing of all positions that do not have access to the Grievance Procedure, consistent with the County Charter, is updated on an annual basis as part of the budget process and approved by the Board of Supervisors. *„ fle a tho tatutory •�ai� E�G�t-6�kE2f5-V��tA E1�60S�cv-rrrc-a 6ncvLmEE=miQcrcnv-scucucvrT Pursuant to the Law-Enforcement Officer's Procedural Guarantee Act (§§ 9.1-500 through 507), a law enforcement officer, which does not include Sheriffs Office personnel, has the option to utilize either the County's Grievance Procedure, or they may request a hearing detailed in Section 9.1-504 of the Code of Virginia, 1950, as amended, but not both. C. Management Rights The County has management rights, or the authority to arrange its human and material resources in order to provide efficient and effective services to County residents.Nothing in the Grievance Procedure is intended to restrict or change the management rights, so long as they are not exercised in an arbitrary and/or capricious manner. D. Using the Grievance Procedure 1. Definitions A grievance is a complaint or dispute by an employee relating to his or her employment;a grievant is an employee who files a grievance.An employee has the right to use the Grievance Procedure for any matter he or she believes needs to be formally addressed.However,the County Administrator will determine grievability in accord with this Grievance Procedure(whether an employee's complaint will be resolved using the Grievance Procedure). If the County Administrator determines that the complaint is not grievable, the employee may appeal the decision to the Roanoke County Circuit Court. The employee also has the option to request administrative review of the complaint outside the Grievance Procedure. 2. Grievable Complaints The County has set out circumstances where a complaint will be determined grievable and situations where it will not. Complaints or disputes related to the following are subject to the County grievance procedure: • Disciplinary actions involving dismissal, demotion, suspension, or written reprimand • Dismissals resulting from discipline or unsatisfactory job performance • Concerns regarding the proper application of personnel policies and regulations • Complaints of discrimination on the basis of race, color,religion, age, sex, political affiliation,handicap or disability, veteran status, or national origin as outlined in Chapter 1 of this Handbook. • Any complaint alleging any action that would be prohibited by Title II of the Americans with Disabilities Act An employee will typically be allowed to use the Grievance Procedure for complaints or disputes related to retaliation or acts of reprisal associated with the following: • Using the Grievance Procedure or participating in the grievance of another County employee • Compliance with any Federal-or Virginia law • Reporting any violation of Federal or Virginia law to a governmental authority • Seeking to change Federal or Virginia law before the Congress of the United States or the Virginia General Assembly 3. Non-Grievable Complaints Complaints or disputes related but not limited to the following will generally be deemed not grievable: • Management rights as described above in Chapter 6, Section C of this handbook • Content of ordinances, statutes, or established policies or regulations • Establishment or revision of wages, salaries, position classifications, reclassifications, or general benefits • Failure to be promoted except where the employee can show that established policies were not followed or applied fairly • Work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be part of the job content • Measurement and assessment of work activity through performance evaluation, except where the employee can show that the performance evaluation was arbitrary or capricious • Dismissal, demotion, or layoff because of lack of work, reduction in work force, or job abolition, except where the action affects an employee who has been reinstated within the previous 6 months as the result of the final determination of a grievance 4. Grievance forms are available on the HR Department's Intranet site. E. Employee Rights and Representation The grievant shall be permitted to be accompanied or represented by an individual of his or her choosing at the Step III meeting and the Step IV panel hearing. The grievant is responsible for any expenses related to representation. By mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure,unless law designates those time periods. F. Determining and Appealing Grievability Whether or not a matter is grievable may be raised at any time during the Grievance Procedure until the Step IV panel hearing begins. Once raised, the issue of grievability must be resolved before the panel hearing convenes, otherwise it shall be considered waived. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The Determination of Grievability form must be used to make the request, and the decision shall be made within 10 calendar days of its receipt. The grievant may appeal the decision by signing the Notice of Appeal section on the form and returning it to the County Administrator within 10 calendar days of the Administrator's decision. A copy of the form asking for appeal must be given to the Department of Human Resources. The grievant must also file a motion with the Clerk of the Roanoke County Circuit Court.The County Administrator will then have 10 calendar days to transmit a copy of his or her decision, a copy of the notice of appeal, and any exhibits to the Clerk of the Circuit Court. A list of any exhibits or evidence given to the Court shall be given to the grievant at the same time. If the County Administrator fails to transmit the materials within the time allowed, the grievant's rights shall not be compromised. The Court, on a motion filed by the grievant, may issue a writ of certiorari, which would require the County Administrator to transmit the records to the Clerk on or before a specified date. The Court may affirm,reverse, or modify the County Administrator's decision. G. Compliance Both the grievant and the County must comply with the substantial procedural requirements of the Grievance Procedure. If one party does not comply,the other party must send a written notice of the violation to the other.A copy of the notification must also be sent to the County Administrator. The County Administrator or the Administrator's designee shall make the final determination on all compliance issues. The violator must correct the violation within 5 working days of receiving the written notice. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 30 days of the compliance determination. H. Procedure Grievances beyond the informal discussion step shall be documented in writing on forms available on the HR Department's Intranet site. During Steps I, II and III, both the grievant and the County may call upon appropriate witnesses. The grievant and the appropriate County representative shall make a reasonable effort to notify one another at least 24 hours in advance of all witnesses expected to appear at their meeting. Either party has the right to have any witness excluded during the meeting when that witness is not actually testifying. For written grievances filed by employees of Constitutional Officers, the resolution of complaints or disputes through the Grievance Procedure shall be resolved as set forth below, except that the Constitutional Officer may designate in writing another appropriate individual within his or her office to be the Step I official. Further, the Constitutional Officer will act as the Step II official and there will be no Step III review; if the Step II review does not resolve the concern, the employee of the Constitutional Officer may then request a Step IV Panel Hearing. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner: 1. Informal Discussion with the Immediate Supervisor An employee, including an employee of a Constitutional Officer,with a complaint shall first discuss the problem directly with his or her immediate supervisor; the complaint does not need to be in writing at this point. The immediate supervisor shall provide a written response within 10 calendar days following their discussion. If the problem is not resolved through informal discussion, the employee has the right to pursue the grievance through the procedure outlined below. 2. Step I—Meeting with the Step I Official If the informal discussion does not resolve the employee's complaint,the employee may file a written grievance with the department director on the Grievance Form located on the HR Department's Intranet site. An employee of a Constitutional Officer must file the written grievance with the Constitutional Officer. —The employee's written grievance must be filed within 30 calendar days of the date the employee knew or should have known of the management act or omission that formed the basis of the complaint. This 30 day deadline applies even where the informal resolution process is on-going. The 30 day time limitation may be extended only if both parties consent in writing. A Step I official shall submit a copy of the Grievance form to the Director of Human Resources as soon as it is received. For most departments, the department director is the Step I official. The Chief of Police;or the Chief of Fire and Rescue, and the Sh fif may designate in writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. A Constitutional Officer may designate in writing another appropriate individual within his or her office to be the Step I official. The Step I official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The grievant and Step I official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The Step I official shall give a written response to the grievant within 10 calendar days following the Step I meeting, and a copy of the response shall be given to the Director of Human Resources. 3. Step II—Meeting with the Top Level Official If the Step I written response does not resolve the grievance, the grievant may indicate his or her disapproval on the Grievance form and resubmit the form within 10 calendar days to the Director of Human Resources who will share the information with the County Administrator,-their designee, or other top level management official; these persons serve as the Step II top level official. Should the next level of supervision for a department be the County Administrator, the grievance shall proceed directly to Step III. For employees of the Police Department, Fire and Rescue,or the Sheriff's Office, Step II grievances will be addressed by the Chief of Police, Chief of Fire and Rescue, or the Sheriff, respectively, if these officials have not already addressed the grievance. The Constitutional Officer will act as the Step II official/top level official for his or her employee, and during this meeting with the Constitutional Officer the employee will have the right to be represented as described in Paragraph E above. The top level official shall call aoffer to meet with the grievanti-rng to gather information about the grievance within 10 calendar days of receiving the Grievance form.The top level official may meet with other individuals who may have relevant information in regards to the grievance. The top level official shall give a written response to the grievant within 10 calendar days following the Step II meeting, and a copy of the response shall be given to the Director of Human Resources. . For a Constitutional Officer, there will be no Step III meeting, so, if the Step II written response does not resolve the concern, the employee of the Constitutional Officer may then request a Step IV Panel Hearing as detailed in paragraph 5 below. 4. Step III—Meeting with the County Administrator If the Step II written response does not resolve the grievance, the grievant may again indicate his or her disapproval on the Grievance form and resubmit the form to the Director of Human Resources and to the County Administrator within 10 calendar days of the Step II reply. The County Administrator, or their designee, shall call a meeting toffer to meet with the grievant to gather information about the grievance within 10 calendar days of receiving the Grievance form. The County Administrator may assign a designee of his or her choosing to address the grievance, if that designee has not already served as the Step II top level official,provided,however that the designee must be at a higher level of local government management than the Step II level official. At the Step III meeting,the grievant may have a representative present. If the grievant is represented by legal counsel,the County may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance. The County Administrator, or their designee, may meet with other individuals who may have relevant information in regard to the grievance. The County Administrator shall give a written reply to the grievant within 10 calendar days following the Step III meeting,and a copy of the reply shall be given to the Director of Human Resources. 5. Step IV—Panel Hearing If the Step III written response does not resolve the grievance, or for an employee of a Constitutional Officer the Step II written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the Director of Human Resources and the County Administrator on the Panel Hearing Form, located on the HR Department's Intranet site, within 10 calendar days from receiving the Step III decision. or the Step II decision for an employee of a Constitutional Officer. The County Administrator shall immediately submit a copy of the panel hearing request to the Director of Human Resources. The County Administrator or the Administrator's designee shall arrange a hearing and forward copies of the grievance to the panel members.The panel is appointed by the Board of Supervisors and consists of three regular members and four alternate members. All are appointed for three-year terms. The panel selects a chairperson at the beginning of each grievance panel hearing. To ensure impartiality,the following persons will be disqualified and will not serve on the panel: • Individuals who are directly involved with the grievance or with the circumstance that caused the grievance • An attorney who is directly involved with the grievance or a partner, associate, employee, or co-employee of such an attorney • Individuals related by blood, adoption or marriage of any participant in the grievance An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within 10 calendar days from receiving the case or as soon as a panel can reasonably be assembled. I. Rules and Guidelines for Conducting Panel Hearings 1. Panel Rules Governing Step IV Appeals a. The panel has the responsibility to rule on the interpretation and application of the County's personnel policies, rules, and regulations. It is not authorized to create policies or procedures or to change existing policies or procedures. b. At the request of either party that the hearing be private, the panel shall determine whether persons who do not have an interest in the hearing may be present. c. Before the Step IV hearing begins,the County shall simultaneously give copies of the grievance record, including any documents, to the panel members and the grievant. The County shall give the grievant and his or her attorney access to view and/or copy all relevant files that will be used in the Step IV hearing. They shall be given access to these files at least 10 days prior to the hearing. d. Both parties shall be given full and equal opportunity to present their evidence. The panel chairperson shall have the authority to determine the admissibility of evidence, without regard to the burden of proof, and the order of presentation of evidence. The panel may receive evidence exhibits offered by the grievant or the County, and these shall be marked and made part of the record. e. The hearing is not intended to be conducted like a Court proceeding, and the formal Court rules of evidence do not apply. All evidence shall be presented in the presence of the full panel and both parties, unless both parties mutually agree otherwise. f. At least 5 days in advance of the hearing,the parties will exchange copies of all documents and exhibits that will be introduced at the hearing and a list of expected witnesses. g. The panel's decision on the appeal shall be made by majority vote. It shall be final so long as the decision is within the panel's authority. The decision will be subject to existing County policies, procedures, ordinances, and any applicable laws. h. No later than 10 calendar days after the Step IV hearing is complete, the chairperson shall file the panel's decision with the County Administrator using the Panel Hearing Form. The County Administrator shall promptly send copies of the decision to the grievant, the top level official or the Constitutional Officer„and the Director of Human Resources. 2. Implementation a. Once the panel has concluded the hearing and reached a decision, the County Administrator shall implement the panel's remedy to the extent that it is consistent with State and federal laws and County policies. b. If either the grievant or the County believes the panel's decision is not consistent with State and federal laws and County policies, the party in disagreement shall inform the panel and the other party within 10 calendar days of receiving the decision. Either party may petition the Circuit Court for an order requiring the County Administrator to implement the panel's decision. c. The question of whether a panel decision is consistent with County policies shall be determined by the County Administrator or the Administrator's designee.The decision shall be made by the Roanoke County Commonwealth's Attorney if the County Administrator or the designee is directly involved with the grievance. 3. Costs Incurred The grievant will bear all costs for legal representation and-ef for preparing his or her case during the grievance process. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024 RESOLUTION 031224-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County,Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Mahoney to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric • L. Caywood, P.E. •unty Administrator/ Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2024. RESOLUTION 031224-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS,the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor North to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: R.► and L!"-aywood, P.E. County Administrator/ Clerk to the Board of Supervisors