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7/13/2010 - Regular
/OAN~ /,~ z -o 1838 Roanoke County Board of Supervisors Agenda ~J July 73, 2010 Good afternoon and welcome to our meeting for July 13, 2010. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important for anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Michael Duval Journey Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFINGS D. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Captain Charles R. Hart, Deputy Sheriff, upon his retirement after more than thirty-four years of service Page 1 of 4 E. NEW BUSINESS 1. Request for approval of revisions to the Roanoke County Employee Handbook (Joseph J. Sgroi, Director of Human Resources) 2. Reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement and an appropriation of funds in the amount of $24,000 (Paul Mahoney, County Attorney) 3. Request for authorization to allow employees to participate in the Virginia Voluntary Long-Term Care Program (Rebecca Owens, Director of Finance) 4. Request to appropriate $217,141 from the Police Asset Forfeiture Account for additional improvements at the Roanoke County Law Enforcement Firing Range (J. Ray Lavinder, Chief of Police; Daniel R. O'Donnell, Assistant County Administrator} F. FIRST READING OF ORDINANCES 1. Ordinance authorizing the vacation of unimproved rights-of-way shown as Rockingham Boulevard identified on the map of Rockingham Court in Plat Book 2, page 84, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) G. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) (appointed by District) H. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDAAND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes -May 11, 2010 and May 25, 2010 2. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals); Community Policy and Management Team (CPMT); and Social Services Advisory Board Page2of4 3. Request to accept and appropriate funds in the amount of $48,746 to the Sheriff's Office from Federal Grant 11-C5846CR09, approved under the Criminal Justice Systems Improvement Program from the Department of Criminal Justice Services 4. Resolution of support for Craig County filing for a United States Department of Transportation TIGER II discretionary grant for redevelopment and expansion of Route 311 visitor facilities in Craig and Roanoke Counties, Virginia I. REQUESTS FOR WORK SESSIONS J. REQUESTS FOR PUBLIC HEARINGS K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. 2009 Recycling Rate Report M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Eddie "Ed" Elswick 3. Charlotte A. Moore 4. Michael W. Altizer 5. Joseph B. "Butch" Church N. WORK SESSIONS 1. Work Session on South Peak Community Development Authority (CDA) (Paul Mahoney, County Attorney) 2. Work session on the County's Revenue Sharing Priority List for fiscal year 2010 - 2011 (Philip Thompson, Deputy Director of Planning) 3. Work Session to present the Board with draft concepts of a redesigned Roanoke County website (Teresa Hamilton Hall, Director of Public Information; Bill Greeves, Director of Communications and Information Technology) Page3of4 0. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(1): Personnel, namely discussion concerning appoint- ment to the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy (CEDS) Committee 2. Section 2.2-3711(A)~5): Discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community P. CERTIFICATION RESOLUTION Q. ADJOURNMENT Page 4 of 4 ACTIN N~. ITEM NO. O' AT A REGULAR N1EETIN~ +DF THE E~ARD CAF SUPERVIS~JRS ~F R~ANC~E C~UNTY,111R~1NlA HELD AT THE R~AN~I*(E COUNTY ADI~INISTRATI~N CENTER MEETII'~C DATE: ACEN© ITEM: SUBMITTED BY: APPR+QV~Ea BY: July 13, 2010 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Captain Charles R. Hart, Deputy Sheriff, upon hisretirementaftermorethan4yearsof service Deborah C. Jacks Deputy Clerk to the Eoard B. Clayton Goodman III '~ County Administrator ~~ COUNTY ADMINI~STRAT~R~'S CC~MME~TS: SUMMARY OF INFORMATION: Captain Charles R. Hark, Deputy Sheriff, retired on June 30, 2010, after more than thirty fouryears of service to Roanoke County.. Hew~ill' attend the meeting to accept a resolution of appreciation. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution, ATA REGULAR MEETING CF THE SC~ARD CAF SUPERVISQRS CAF RC~ANC~KE C+~UNTY, VIRGINIA, HELD ATTHE R~ANO~I~E CGUNTYADMINISTRATIC~N CENTER CAN TUESDAY, JULY 1 ~, 201 ~ RE~LUTI~N E~PRESIN~a THE APPREGIATIC}111 t~F THE B~ARQ OF S~lPER'~IS~~R ~3F R~ANC~KE C~~JNTY T~7 CAPTAIN +CHARLES R. HART, aEPUTY SHERIFF, ~#P~N HIS RETIREMENT AFTER MORE THAN THIRTY-F~~1R YEARS CAF SER~IICE WHEREAS, Charles R. Hai was hired on May ~+6, ~'g76, as a deputy Sheriff- Uniform Patrol and was promoted to Deputy Sheriff~Corporal-Uniform Patrol; Deputy Sheriff-Sergeant-Uniform Patrol; Deputy Sheriff-Lieutenant-Uniform Patrel; Police- Lieutenant and finally to Deputy Sheriff~Captain of the Civil Division on January ~ , 'I 9g2; and WHEREAS, Captain Hart retired as Deputy Sheriff on June ~~, Zoe ~, after a total of thirty-four years and two months of devoted, steadfast and competent service with the County; and WHEREAS, during his tenure, Captain Hart was actively involved in the initial formation of the Police Department by serving on numerous steering committees, which helped shape its look and operation; and WHEREAS, Captain Hart was a member of the Roanoke Sheriff's office Special Weapons and Tactics (SWAT) Team and served in the capacities of sniper, entry team member and Assistant Team Commander; and WHEREAS, Captain Hart coordinated two of the Roanoke Valley Levu Enforcement Memorial Services and was heavily involved in the Virginia Law Enforcement Torch Run for Special Glyp~ics, serving as Liaison to the Region Director, Liaison to the State Chairman and Chairman of the Torch Run Executive Council and is a member of the Virginia Torch Run Hall of Fame. Page ~ of ~ f~~v~J, THERE~~RE, BE IT REBaLVEU that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the Citizens of Roanoke County to ~CAPTAI~I CHA-RL'~~ ~. HAFT far mare than thirty-four years of Capab~~e, loyal, and dedicated service to Roanoke County, and FURTHER., the Board of Supervisors does express its best wishes far a happy and productive retirement. Pale ~ of ACTIt~N NQ. .~ ITEIUI N~. AT A RE~LJLAR MEETING CAF THE B~~IRD ~F SIJPERVIS~RS CAF R~ANO~KE C~JUNTY, IIIR~INIA HELD AT THE R~AN~KE C~UNTY~DMINISTRATIN CENTER MEETING DATE: July 13, 2g1(~ AENQA ITEM: Request far approval of revisions to the Roanoke County Employee Handbook SUBMITTED BY: Joseph J. Sgrai Director of Human Resources r APPRC~VEC~ BY. B. Clayton Goodman III County Administrator C~}UI~TYADMINIST~AT~R' COMMENTS: SUMMARY CAF IN~tJRMATI~N: Several policy revisions need'ta be made to the Employee Handbaak since the last set of Employee Handbook revisions were approved by the Board in May ~aa~, The clarifie~tions or changes in policy are summarized in the attached document. ~}nce approved by the Board, Human Resources will communicate the changes to all of the employees. The Roanoke bounty Employee Handbook is an evolving document and the latest set of revisions keep the county up to date with changing employment legislation and mare pertinent personnel policies. Based on the work session that we had with the Board on June 22, 2010, revisions have been made by the staff and is in order for the Board to approve the revised 'Employee Handbook. FISCAL IMPACT:: None ALTERNATIVES: 1. Approve revisions to Employee Handbook ~. Decline to approve revisions to Employee Handbaak Page 1 of STAFF REC~MM~NDAfi~+~N. Stiff r~~c~r~r~~nc~ ~It~rn~tiv 1 Page ~ of ~ June 2a 1 ~ Handbook Revisions County Administrator Message Replace ECH welcome page with Clay Goodman Page 1-Add AAA Policy AIWA Polk%y The Americans with disabilities Act {AIWA} prohibits discrimination against qualified individuals with. disabilities in regard to application. procedures, hiring, advancement, discharge, compensation, training or other terrr~s, conditions and privileges of employment, and requires reasonable accommodation for qualified individuals with disabilities so that. they can perform the essential functions of the job in question. It is Roanoke County s policy to comply with all federal, state and local laws concerning the employment of persons with disabilities. Page ~ -Types of A pointments -Revised to clarify meaning of statement Types of Ernploymer~t status Employn~cnt ~~t~~tuses fc~r Co~~~~~ y positions include regular full-time, part-time or temporar~r. regular full-time positions are outlined i~~ the Classification Plan. These positions usually have no fixed duration of service and are eligible to receive all employee benefits. Part-time positions work r~c~ ~1~ore tl~~~r~ 32 hours per week. Er~~~~lyees iii temporary positions are hired for a specific time frame, normally no more than six months. Both temporary and part-time employees are paid on an hourly basis Page 4 -Probationary Period.. Revision included that probationary employees are not eligible for another job while in probationary period Page 7 - direct Deposit -Add statement that County can retract erroneous deposits Page 8 - ~T Compensation for Non-Exempt employ, ~e -Added stated to comply with state law for public safety: Paid forms of leave are considered. actual works hours for the purposes of calculating overtime for employees whose primary duty is law enforcement or fire protection Page I I -Health and Dental Insurance -Revised to comply with retiree health insurance guidelines: • ~ ~~) ~°ears full years of continuous full-time employment with no break in service to be d eligible; • enrolled in the health andlor dental plans for at least ~ years at the time of retirement; • Coverage ends at age +~~, dependents may remain art plan until age ~~ Page 13 - Vir inl.etirement System -revised to include 2~Io General Assembly change to add VRS Plan 2 for employees hired or rehired after July I, X01 a Page 1G - Re~og~ition - deleted special Board recognition language: Emplc~~ees are honored annua~~y~ ~y the .hoard of Sr~,~ervisars, narma~~y at ~ ward rrteeting, and are given a choice n, f `service awards. Wage ~ 6 -Extra Mile +Club -Remove as program no longer exists Pages 17, ~o, 2 ~ -Leave accruals rounded to 2 digits for FLP, annual and sick Page lq - ,statement regarding secondary employment and FLP added: Flexible Leave and e~;o~~~lar,plo ~r~e~~t Employees who are utilizing flexible leave on the basis of a medical authorization may not work at their secondary employment unless they receive the prior permission of their department director. Page 24 `Sick Leave Bank ~- Language added to clarify grandfathered plan only, remove references to enrollment: The Fick Leave dank is a grandfatherecl program only for those employees who remained in tl~e traditional ar~~ual and sick. leave plans. page 24 -Absences for N~atern~y and Paternity -Language added to state that absence runs concurrent with FMLA. Page 25 - FLA -Revised p"MLA policy with new employer notice requirements policy attached) Page ~f -Leave Without Pa - LTI~ added to list of insurances Page 3~ - Holda - clarification that holiday not. paid while on STI~ILTD Pages 3~ ~3 - Employee classification & Position Reclassification ~- reference to fob Evaluation Team changed to Human Resources Page 38 -Severe Weather Policy -clarifications to policy statement (policy attached) Page 40 -Social Media Policy added (attached) Page 47 - dismissals -Add possession of drug paraphernalia to list Page 50 -Workplace Violence Policy.- Add statements prohibiting weapons and threats in workplace (policy attached) 2 Pale 2~ ~ ~'I'~, The federal Family and IV~edical ,Leave pct of 1 ~~~~ and ~~ amended aal~ and thrau~h the 1'~atianal Defense Autharizatian Act ~47~~ pravides up to ~~ weeps of unpaid, dab protected leave to eli ible ~mpla, ees far the fallawin reasons: ~ Far incapacity due to pre nay, prenatal Medical. care ar child birth; • T'a care far the- ernplayee's child after birthT ©r placen~~nt fdr adaptan ar faster care; ~- Ta care far the eM la ee's ~ ease child. ar anent who has a serious health canditian, ar ~- F'ar a serious health canditian that males the emplay~e unable to ~erfarm the employee's jab. seriaus health canditian is an illness in' ur im airment h sisal ar mental condition ,that involves either an averniht stay ~, a medical care facility, ar canti~~uin treatment by a health care provider far a condition that either prevents the eMploye~ from performing the functiar~s of the employee's ,~ab~prevents the qualified family McMber from partlcrpatrn~ rn school ar other daily actrvrtres. subject to certain canditians, the continuin treatment re+~uirement ma be met by a period of incapacity of Mare than consecutive calendar days combined with at least two visits to a health care prpv~de or one visit anal ~ regimen of cantnuin treatment, or incapacity due to prey ar a chronic condition Eli. ible employees with a spouse, child,. ar parent an active duty ar culled to active duty status i the National ward ar Reserves in support of a cantin,y ape~~tian maw their 1~weel~ leaveentitlement to address certain ~ualifyn exigencies. ualif~in~, ex~encies may include attending ce~~ain mi~tary_ events, arran,~,~ far alternative childcare, addressing certain financial and le awl a~rar~~ements, atte~d~n certain counselin sessions and attendinpast-deployment reintegration briefing I~L else includes a special leave entitlement that permits ell ible emp~~~ees to tale up to ~~ weeps of leave to care far a severed service member Burin, a. single lir~ar~th period. covered service member is a current member of the Armed Farces, including a member of the 1~latianal +~uard ar Reserves, who has a serious in~ur~ ar illness incurred in the line al_~uty an active But that mad render the service member medically unfit to perform his or her duties far which the service member is under,g~in medical. trea.tnaent, recuperation or therapy; ar is in outpatient status, or is on the tern a~rary disability retired list. The care fiver leave ~ ravisan also includes veterans who are under ain Medical treatment, recuperation or therapy far serious injury or illness that occurred any time Burin the five years preceding the date of treatment. During ~'lLA leave, eligible empl~yees are entitled. to continued p health plan cavern eon the same terms as if the ern to ee had continued to warp. ~J an return frarn FiV1LaA leave, Most employees must be restored to their on final or equivalent position with equivalent panefits and ether emplayMent terms. Fm to ees are ell ible far FLA if the have warped far at least one ear far 1 ~a hours aver the previous 12 months. The +ounty uses a rolling ~ 2~MOnth „period measured backward from tl~e date art employee used and F~I~A leave, The County requires eli ible ems ees to substitute accumulated paid leave time to FNMA unpaid absences. ~myees must provide a days advance notice o~_t~e need to take FNILA leave wl~~n the need is foreseeable. when ~a days ~~vance native is not passible, the employee must provide notice as soon as practicable and must con~pl~! wi_~h n_~rrn~~1 call-in grocedures.. To lie considered far Fl'L leave, an employee should n~atify their immediate supervisor and request_an FNILA application from the Department of Human resources. ~'a~e ~~ - Se_v_~ere VVeathe~ Policy .~ Employees are responsible far reporting to wark an time. when weather conditions cause transportation or reporting to wark problems, the employee must contact. the appropriate supervisor. If the supervisor decides the employee is not rewired to report to wark, oz, t~~ r~~1~~~i1~ tat. wark d~~ tea seven ~~fcatl~er, the supervisor may let the employee take leave or compensatory time cif eligible) or leave without pay as appropriate. An employee who fails to make a reasonable effort to get authorization far an absence maybe sub ject to disciplinary action, Department management will inform employees who maybe required to remain at work or report to work when such weather conditions occur according to departmental reporting guidelines In severe weather conditions, County offices ~na~y be closed by the Cc~~n~y Administrator. ~loweve~w~ t~ublic saf et, ° will remain ape~~Fire ~ fescue, Police, Sheriff and ECC Departments), Ennplayees in non-pudic safety positions n~a~ be called ire during severe weatl~c~~ as necess~~ry. when this occurs, every attempt will be made to notify employees through their supervisor, county communication media, i.e., county website, ar the local media.. All other employees who are not required to work during authorized closings can elect to use flexible or annual leave, compensatory time cif eligible), or leave without pay. upon the discretion of the departmental management and within Federal Fair Lobar Standards Act, employees maybe permitted to makeup lost hours due to the closing. Pa a 4a ~ social Media Policy. Ta address the fast-changing landscape of the Internet and the way employees communicate, county departments may consider participating in social media formats to reach a breeder audience. I~oanake County encourages the use of Social Nledia to further the goals of the County and.. the missions of its departments where appropriate. ~'he hoard of Supervisors and the County Administrator have an overriding interest and expectation in deciding who may "speak" and what is "spoken" on behalf of l.aanoke County on social media sites. ~'he County shall approve what Social Media. outlets may be suitable far use by the County and .its departments. Employees representing the County government via Sacral Media outlets must conduct themselves at all times as representatives of I~aanoke County. Employees that fail to conduct themselves in an appropriate rr~anner shall be subject to the Disciplinary Procedures outlined in the Roanoke County Employee I~andbaak. 4 The County acknowledges employee rights to privacy and free speech that. may protect. on-line activity conducted on personal social networks. However, what is pub~~ fished on such personal sites should. not be attributed to or reference the County and should not appear to be endorsed by or originated from the County.. Employees that choose to list their work affiliation or reference their employment with the County in any way on a social network should regard all communication on that network as if it were a professional network. ~ln-line lives are ultimately linked, whether or not employees choose to mention the County on personal on-line networks County employees engaging in social media networks must at all times be conscious anti respectful of the fact ghat their words and actions are representative of the County, regardless of when, where and how the content was posted. Pa~~e ~o - Work.. dace Violence Folic Roanoke County ~- committed to providing a safe work environment for all employees. The County will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making ~ threat or engaging. in ~n act of violen~~e. This list of behaviors, while not inclusive, provides examples of conduct that is rohibited. * Physical attack or causing siy cal injury to another person; • aking_~hreatenin, remarks • Aggressive or hostile. behavior that creates a reasonable fear to another person or subects another individual to emotional distress; ~. • ~ntentionall~ lama in County propert a~~ ~~ ropert~r of another emPlo, ~~~ a ~~ • Possession of a weapon in a County building or while on County business. Certified, sworn officers of the Roanoke County Police, sheriff and Fire Marshall ~artments are exempt from this section of the ~policy~;, +~ Committing acts motivated. b~, or related to, sexual harassment or donnestic -- ~-inlPnr Any instances of violence or potentially dangerous situations must be reported immediately to a ~~l erviso~~ or the Human Resources >~epar~ment. Re ~~ts will be fully investigated, `~l~ose reports warrant~~g con~~ide~~tialit~_w_ ill be haridled_ ap~priatel~~ a~~d i~ll~c~rx7~atic~za will be disclosed to others only on a need to know basis. Parties involved will be counseled and the results of investigations will be discussed with them. Em~loees found to have violated this oolicv will be subiect to disciolinarv action uo to and including termination, 5 County of Roanolc~ R 1 W I ,I, '. ... - _ - _ a - - E e ~ Ik-: - 1 • .. ~ I ~ - QC' e~ ~, r i ',. I u Y ~' ~a 3. ~. ~'. ~ t 3 !,. -~ ~- -~ ~ I r- ~ ~ U `~ ~~ ~i~ i r + ~ i~ . F. t. J~~~~ 201011 To the Employees of Roanoke County: At Roanoke County, our two highest priorities are our citizens and our staff. +~n behalf of the .ward of Supervisors, I am pleased to provide you with the latest edition of the Raanake Caunty Employee Handbook. Whether you are a new employee or along-tune member of our staff, this handbook will provide you with the information you need to make the mast out of your employment with Roanoke County.. Based on the concept of high performing organizations, the Roanoke County management philosophy is to create an environment where work is not just a jab, but an opportunity far all employees to show what they can. contribute. This helps promote a wark culture that thrives on everyone's successes and encourages employee self development. The Roanoke Caunty Employee Handbook sets out the pallcles and regulations which faster these ideals.. We have tried to make these policies straight forward and easy to understand. You are encouraged to review the Caunty policies and procedures outlined in the handbook. If you have any questions, are invited to discuss these policies with your department director. This handbook also provides information an a variety of benefits and career development programs that are available to County employees.. We value our staff and seek to help make your years with us as productive and enjoyable as passible. ~t is our intention to mentor employees, provide training opportunities, and do all that we can to help keep your employment skills current. Recruitment and retention of our employees is very important to us. Jobs often evolve, and when they do, Raanake County makes every effort to use these changes to improve service to our citizens and to provide opportunities for our staff to progress as well. I would like to express appreciation to the Board of Supervisors for their support of our employees. They have provided us with competitive wages and excellent benefits. Just as importantly, they have given us great flexibility in how we da our wark. We welcome your suggestions far the improvement of our programs and pallcles. Feel free to contact the Human Resources staff ar contact me directly by phone ar by e-mail. Sincerely, ~ .C'~la~-~ Gooblr~r..,-~ County Administrator PURPOSE AND SCOPE OF HANDBOOK This handbook is a source of information about your employment with Roanoke County. If you need further assistance with the matters covered by it, please contact year supervisor, department director, ar the Department of Human Resources. The information in this handbook is drawn franc relevant laws, regulations, and policies. It was prepared solely far informational purposes and does not create an express ar im.plied contract. This handbook is not all-inclusive and is only a set of guidelines. The handbook supersedes any previous handbook or unwritten policy. Finally, the handbook does not guarantee employment far any definite period of tune and does not alter the "at-will" relationship between employer and employee. Should there be a conflict between any statement, fact, ar figure in this handbook and current official regulations and policies, the latter will take precedence. Employees, therefore, have the responsibility to keep informed of changes in County policy. The mast current edition of the employee handbook will be located an the Human Resources Intranet site. This handbook applies to all employees whose jab descriptions and position classifications are established wit~~ in the Classification Plan of the County. This includes all regular classified and unclassified employees, employees in the constitutional offices of the Treasurer, the Commissioner of Revenue, the Sheriff, the Commonwealth's Attorney, the Clerk of the Circuit Court and the i~ffice of the Registrar. It does not apply to the five constitutional officers or the Registrar. In addition, the Chief Deputy in each of these offices is exempt from the portions of this handbook that relate to application, qualification, appointment, disciplining, dismissal, and grievance procedure. The Chief Deputy of each office 1s in a canf~dentlal pollcy making pasltion, These positions shall remain subject to the express provisions of Section.. 15.2-1603 of the State Code. regular part-tune employees are defined as these employees whose normal work schedule is 24~ 32 hours per week, The regular part-time employee is covered by all guidelines within the handbook except these pertaining to insurance, benefits, and time-off programs. Seasonal, limited term, and temporary anon grant-funded) employees are excluded from all portions of this handbook. This handbook is subject to subsequent amendments that maybe approved by the Raanake County B~aard of Supervisors. CONTENTS CllV1~ I Y ~~ ~~l~~V~I~~ ......a...r,....ss.rs,.r.r......r...rsrs..r.r ..............................-...ar.....r...s...s..,a....,..,s.a..ss..ra..r.s.........r.,.......... EMPLOYEE ~-I~iNDB~3()I~....s....r...,..rw..sr....,-.aa....s.......arr.....s,s....rs,.........rr.r...s..rs..sa...r .................................*.....*.sr.....r..,.. V ~1 OE ~I~ ~~~~E ~l 11~~1Ji~~~ ....,..,r,..,...s,.......,actg......,.r.r..r,,.,..i,.i .............a...e.sr.,..rr......r,sr..r..ra,..,..,.r.. C(JNTENTS .•......s....•a ..............•..s................r.....•..r•...•^........•..................•s.,.r.........,...s,.,.......................,,..................r.. CHAPTER 1-PUBLIC SERVICE IN R+~ANI~I~E C4UNTY ................................................................................ ~ A, '~OVERNMENT ................................................................................................................................................ ..1 B. EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................................ ..1 C. ADA POLICY ................................................................................................................................................. .. l I~, DEPARTMENT OF HUMAN I~ESOURCES ........................................................................................................... .. ~ E. ENVIRONMENTALPOLICY .............................................................................................................................. ..~ CHAPTER ~ - IiETTIN~ STARTED......•...........•~.........s..........•s.•••..,,....•...•....,.,..r......,.r.s.,.,.....a ...........................r..~ A. APPLICATION PROCESS .................................................................................................................................. ..~ B. PHYSICAL STANDARI)S .................................................................................................................................. ..3 C, OPERATION OF COUNTY-OWNED MOTOR VEHICLES .................................... I). AGE LIM[TATIONS .......................................................................................................................................... .. E. WORK AUTHORIZATION ................................................................................................................................. ..~ F. TYPES OF EMPLOYMENT STATUS ................................................................................................................... ..4 O. ORIENTATION ................................................................................................................................................ ..4 H. PROBATIONARY PERIOD ................................................................................................................................ ..4 I. WORK I~OUTINE ............................................................................................................................................. ..5 CHAPTER 3 - CI]MPENSATIQN AND BENEFITS ...............•i..ii...............,..1...........R........,.i............ \........s....... ..~ A. CLASSIFICATION PLAN ................................................................................................................................... .."7 P, RECORDING WORK HOURS ............................................................................................................................ .. 7 C. PAYDAYS ....................................................................................................................................................... ..7 D, DIRECT I~EPOSIT ............................................................................................................................................ ..7 E. DEDUCTIONS .................................................................................................................................................. ..? F. OVERTIME COMPENSATION ........................................................................................................................... .. $ 1. Qvertr.me Campensatran far ~`anexempt Emp~a}~ees ................................................................................ .. ~ ~. ~'x~rnpt/~'amp~r~satary C~'w~rtcm~ ~'ompensatian ...................................................................................... .. 9 ~. Exempt/Dscretan~ry overtime C"ampensatia~ ....................................................................................... .. 9 O, STANDBY AND ON-CALL .....,» ........................................................................................................................ ..'~ 1, Standby ..................................................................................................................................................... la 2. (~n-~all ..................................................................................................................................................... 1a H. ACTING STATUS'COMPENSATION .................................................................................................................. 1~ I. 2~ SEAR SERVICE PAY .................................................................................................................................. 1 ~ J. HEALTH AND DENTAL ~NSURANCE ................................................................................................................ 1 I K. SHORT AND LONG TERM DISABILITY INSURANCE ......................................................................................... 12 L, HEALTH INSURANCE PORTABILITY c~ ACCOUNTABILITY ACT ~HIPAA) ....................................................... 1 ~' M, LIFE INSURANCE ............................................................................................................................................ 12 N. WORKER'S COMPENSATION ........................................................................................................................... 1 ~. O, UNEMPLOYMENT COMPENSATION ................................................................................................................. I3 P, V[RGINIA RET[REMENT SYSTEM .................................................................................................................... 13 Q SOCIAL SECURITY .......................................................................................................................................... 14 l~. EMPLOYEE ASSISTANCE PROGRAM (EAP} ..................................................................................................... 14 S, DEFERRED COMPENSATION ........................................................................................................................... 15 T. FLEXIBLE SPENDING ACCOUNTS .................................................................................................................... 1~ U. TUITION REIMBURSEMENT PROGRAM ...................................................................,....,..,.....,....,,.,.,,..,,,.,,.,..,,, 15 V. CREDIT UNION ............................................................................................................................................... ~+6 W, RECOGNITION PROGRAMS .............................................. ............................................................................. 1 ~, EMPLOYEE ADVISORY COMMI'I~'T`EE ............................................................................................................... 1~ CHAPTER 4 - LEAVES ~F ABSENCE .................................................................................................................. 17 A, FLEXIBLE LEAVE ........................................................................................................................................... 17 ~. f~CCG~tIZ[~~C~~lfJn ............................................................................................................................................ ~~ 2, Scheduling Fle.~ible Leave ........................................................................................................................ 1 .3. Flexible Leave Upon Terraina~ion ............................................................................................................ ~~' ~. Holidays I~urin~ Flexible Leave .............................................................................................................. I8 5, '~erifCCation and 11rot%~cati©n .................................................................................................................... ~~ b, Flexible Leave anal Secondary L'mployn~ent ............................................................................................. 19 7. F.~tended Illness or ~isability .................................................................................................................. I9 8, Family I~eath ............................................................................................................................................ l ~' 9, laVorker's Compensation Leave ................................................................................................................. I9 1(~. Cash-In C~ption ...............................................................................................................,.,,,,.,.,..,............. 2~ B. ANNUALLEAVE ............................................................................................................................................. ~0 I, Accumulation ........................................................................................................................................... Z 2, Scheduling Annual Leave ......................................................................................................................... 21 3. Annual Leave Upon Ter-ninatinn ............................................................................................................. 21 4. ~'olidays I~t~ring Annual ~ eave ................................................................................................................ 2~ C. SICK LEAVE ................................................................................................................................................... ~~ .l. Accumulation ............................................................................................................................................ 2~ 2. Jc~strfrcation for Sick Leave Use ..............................................,.,.....,.......,........,.........,.,.,,.....,.,.....,,.,,..,,.. ZZ 3. Verification and iVoti~CCation .................................................................................................................... 2.~ 4. Extended Illness or I~isabilty .................................................................................................................. 23 5, Worker's Compensation Leave ................................................................................................................. 23 b. Sick Leave ~'anus ...................................................................................................................................... 2~ ~. Abuse of Sick Leave .................................................................................................................................. ~."3 8, Sick Leave ~ank ....................................................................................................................................... 24 I~. ABSENCES FOR MATERNITY ANI3 PATERNITY ................................................................................................ ~4 E. FAMILY AND MEDICALLEAVE ACT (FMLA) ................................................................................................ 25 F, LEAVE WITHOUT PAY .................................................................................................................................... ~~ G, MILITARY LEAVE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~~ H, REQUIRED TRAINING ..................................................................................................................................... 28 ~. EDUCATIONAL LEAVE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~c~ ~, CIVIL LEAVE .................................................................................................................................................. 2~ I~, BLOOD DONOR LEAVE ................................................................................................................................... 2~ L. HOLIDAY SCHED[JLE ...........................................................................,.,,,...,,,,...,........,,,,.......,....F........,.,....... ~~ CHAPTER 5 - ADMINISTRATIVE PI~LICIES AND EMPLOYEE RESPaNSIBILITIES ............................. ~1 A. PERSONN[~L FILES .......................................................................................................................................... 3 I B, PERFORMANCE EVALUATIONS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 31 C, EMPLOYEE CLASSTFICATION .......................................................................................................................... 3~ L~, PROMOTTONS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 32 E, DEMOTIONS ......................................................................................................................... 32 F, POSITIONI~ECLASIFICATI~I"~d .................................................................................... 32 G. POSI'T'ION ESTABLISHMENT ANT':} ABOLISHMENT ............................................................................................ 3 H, OTHER CLASSIFICATION ADJUSTMENTS ........................................................................................................ 3~ I. DEDUCTION TN FORCE (RIF) .......................................................................................................................... 34 J. TERMINATION OF SERVICE ............................................,...,...,....,.,......,.,,.,....,.,.,.....,...........,....,.,,.,.......,......., 35 I~. CONTINUOUS SERVICE ................................................................................................................................... 3~ L, ANNIVERSARY DATES .................................................................................................................................... M, TRAVEL DELMBURSEMENT ............................................................................................................................. 3b N, SA1~ETY .......................................................................................................................................................... 3~ O, C~SI~OFCOUNTYVEHICLES ............................................................................................................................ ~7 P, SEVERE WEATHER POLICY ............................................................................................................................ 38 +Q. IMMEDIATE FAMILY MEMBERS VI~ITHIN A DEPARTMENT {~ET'OTISM} ........................................................... 3~ R. SMOKING POLICY .............................................................................................................................,,...,,,,.,.. 38 S, DRUG FRhE WORKING ENVIRONMENT .......................................................................................................... 3~ T. ELECTRONIC MET~IA USAGE POLICY .............................................................................................................. 3~ YU, SOCIAL MEDIA POLICY .................................................................................................................................. ~~} V. CONFLICT OF INTEREST ................................................................................................................................. 4~ 1 VV. CONFIDENTIALITY OF i`~ECURDS ..................................................................................................................... 41 ~, GIFTS ............................................................................................................................................................. 42 Y. SECONDARY E,MPLUYMENT ........................................................................................................................... 4~ Z. IPULITICAL ACTIVITY ..................................................................................................................................... 42 AA, CONDUCT AND APPEARANCE ......................................................................................................................... 4~ BB. PERSONAL USE OF COIINTY'~`IME AND EQU[PMENT ...................................................................................... 43 CC,. SUL[CITATION ...........................................................,,..,,.,.......................,....,.,,,.,.,,..,...,,.,,.,,...,,.....,,.....,....... 43 CHASTER ~ ~ ~~S~~~J~I~~~ll~ ~~~~ED~URE~ rrrrffrrrrrffffrfrfrrrfffr•rfffrfrrrfrrrfrrr.ffrrrrrrrrrrrrrfrfrrrrfrrrfrrffrr}rfffrffrrrfr.rr.rrr ~~ A, CONDUCT STANDARDS .................................................................................................................................. 44 B. CUUNSELING .................................................................................................................................................. 44 ~L. I)ISCIPL[NARY ACTIUN ................................................................................................. .......,..,.,,. 44 .~. Reprima~tds .............................................................................................................................................. ~~' ~'. St~spensinns .............................................................................................................................................. 4~ .3. ~ernotions ...................................................................................................................................,,.,,.,,,.,,, ~f ~. 1~ismissals ................................................................................................................................................ 47 I~. QTNER SUSPENSIONS ..................................................................................................................................... 48 E, GRIEVANCE PRUCEDURE ................................................................ .,,.,. 48 F. REBUTTAL STATEMENT ................................................................................................................................. 4S G. PROCEDURAL GL~ARANTEES .......................................................................................................................... 4~ H. INVESTIGAT[ONS ............................................................................................................................................ 4~ ~, EMPLOYEE'S R[GHTTU NUT[CE ..................................................................................................................... 49 ~, WORKPLACE V[OLENCE POLICY .................................................................................................................... 50 I~. HARASSMENTP(~LICY .................................................................................................................................... ~[~ L, SEXUALARAS1'vtENT ................................................................................................................................... SI 1. I~e~tnition .................................................................................................................................................. .~1 Statement o~f Action ................................................................................................................................... 5~' 1M. RETAL[AT[UN OR ACTS OF REPRISAL [~UR FI[.aIN+G A GRIEVANCE ................................................................... 5~ 1. I~e~'nitian .................................................................................................................................................. 5.3 2, Statement of Action ................................................................................................................................... ~~ ~~~1 ~E~ ~ ' ~~~E~~~~E ~~~~E~LJ~E arNSaraarwrwrwarrwrarwrrawrsarrrrrarfrwrrrarrMrwrarrrrrwrarrrrrrarrrrrrrrarararrarrrrerfsawrrrrrarrrrarsr ~'T ~.. PURPUSE ........................................................................................................................................................ 54 $. CUVERAGEUFPERSONNEL ..................................................................................................... 54 C. MANAGEMENT R[GI-[TS .................................................................................................................................. 5 I). USING THE GRIEVANCE PROCEDURE ............................................................................................................. ~5 1. De tnit%ans ................................................................................................................................................ .~.~ Z. Grievable Corrtplaints ............................................................................................................................... 55 .3, Non. Grievable ~`ornplaints ....................................................................................................................... SG E. EMPLOYEE RIGHTS AND .~.EPRESENTATION ............................,....,,.,.,.....,........,,.......,......,.,,.........,......,.......... 5~1 F. DETERMINING AND APPEALING GRIEVABIL[TY ....................................................,..,.,...,,.,,.,,...,,.,.,,,.,,,,.,...... 5~ G. PUL[CY ........................................................................................................................................................... 5~ H. PROCEDURE ................................................................................................................................................... 5~ 1, 1n~for~nal f~iscussiun with the Irrtrnediate Superui.~E~r ................................................................................ 5~ Z. Step I--Meeting with the Step I C~cia~' .................................................................................................... 5~$ ~. Step i'I--Meeting with the Tap Level C1~cial ............................................................................................ 59 4. Step 1~1--Meeting whit the ~"o~tnty Administrator .........................................................................,,.,........ 59 .~, Step ITV--f anal l~eartng ............................................................................................................................ 61~' r, RULES AND GUIDELINES FUR CUNDUCT[NG PANEL HEAR[NGS ...................................................................... ~ 1 1. ~'~'les ....................................................................................................................................................,..., ~1 ~. Gt~idelines ................................................................................................................................................ b~ ~. Implementation and ~lther Matters ...........................,.......,..,.,.,.,..,..,...,.,.,,,....,........,....+..,,,...,,.,.,,,,....,.,.. bZ R+ ~ A N +~KE ~Q~N~Y E MPL(~YEE I~ANDBO~~K rrrrrwrraarar*rrraatrwrrrrr+rtrrrfer~rsrrrrrfrrwrwrtrrwrrrarrrasfwwrrwaraarrrraairaafriarairarr ~4 / ^ S~ * T • V~.~ 1~~~E~~IE~El 1 1 •rrrrrlrfirlrr#flfr-A/~rfifaffrf rRr rirrfrrifflMfrrfi#iwwlflrwifirflriiaalrirrrairirr iwr raflrfrr,wrrrrrrwwllfrirflirirrwf is rra \rf ffir/rrff ~~ CHAPTER 1 -PUBLIC SERVICE IN ROANOKE COUNTY A. ~Geve~-nment The Cede of Virginia and the Charter for the County of Reanoke establish the powers of the Reanoke Ceunty government. These powers are vested in a beard of Supervisers consisting of five members, ene from each of the County's five magisterial districts. The qualified voters of the respective districts elect members of the Beard of Supervisors for a terra of fear years. These terms are staggered. The County Administrater is appeinted by the Beard of Supervisors and carries out the day-to-day operations of Roanoke County as directed by the Board. Specific responsibilities of the County Administrator are set forth in the County Charter, in Board resolutions, and in ongoing instructions from the Board. In general, these duties include responsibility for the overall personnel, budgetary, and operational functions of County government; these functions are carried out Through the Assistant County Administrators, Department Directors, and staff. The Administrator does not have authority over the County Attorney, elected Constitutional Officers, nor to school operations, which fall under a separately elected School Board and Superintendent, B. E ual Ern la meat ~ ortunit Equal Employment C~ppertunity has been, and will continue to be, a fundamental principle in the County of Roanoke, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, disability or any ether protected characteristic as established by law. This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Human Resources Department has overall responsibility for this policy. Employees' questions or concerns about Equal Ernpleyment Opportunity should be referred to the Human Resources Department. The County has voluntarily adopted an affirmative action plan to enhance its commitment to equal employment. The plan is available in the ..Department of Duman Resources. Employees are also protected against sexual harassment, which is defined as any unwanted attention including advances., offers, proposals or suggestions of a sexual nature. Sexual harassment is described in more detail in Chapter ~, section L, "Sexual Harassment." C. ADA Policy The Americans with Disabilities Act DADA} prohibits discrimination against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training er ether terms, conditions and privileges of employment, and requires reasonable accommodation for qual~fled 1nd1V1c~ua1S with disabilities ~~ that they can perform the essential functions of the~ob in question. It is Roanoke County's policy to comply with all federal, state and local laws concerning the employment of persons with disabilities. ~. l~epart~nent of Human Resources The Board of Supervisors established the Department of Human Resources to administer and interpret the personnel policies in this handbook and to establish personnel rules and regulations to comply with these policies. The Department of Human Resources is also responsible for training employees, administering County benefits, recruiting for County positions, employee relations, and working with the constitutional officers in the appointment of chief deputies as provided in Section 15.~~1~03 of the Code of Virginia. E. environmental policy Roanoke County is committed to maintaining and. improving the environment of the Roanoke Valley and has established an environmental management policy for this purpose. l~mployees will be trained on this policy and general environmental awareness. Additional training and competencies maybe established for those positions that can cause a significant impact on the environment. CHAPTER 2 -GETTING STARTED A. A~~lcati~n Process Applicants for employment or County employees interested in another County position must complete an A~plicatian f'or Er~~lvyment or ~nternai Appiicatic~n F~nrm, available in the Department of Human Resources, on Roanoke County's Internet and Intranet sites, and in all County libraries, Applications are only accepted four pasted posltlons. positions are posted for a minimum of five working days unless otherwise authorized by Human Resources. Job postings can be found in the Department of Human Resources, on Roanoke County's InterrletlTntranetshe, and telephone Job Line. After the posting deadline, applications are referred to the appropriate department or office for interviewing and selection. Applicants who are not selected are notified after the hiring decision has been made. Employment applications remain active, or held on file, for six months, An extended active period may apply to certain public safety positions. if an applicant wishes to apply far another posted position during the active period, he ar she may use the active application by contacting the Department of Human Resources. If an applicant wishes to be considered for a position after the six-month active period, another application must be completed. B. ~'hysical Standards To be considered for a position, an applicant must be able to perform the essential functions of the fob with or without reasonable accommodation. Depending on the ldentlfled County posltlon and after the condltlonal fob offer, the applicant maybe required to pass a medical. examination or test completed by aCounty-chosen physician. The County will pay far the cost of any required medical examination or test. A medical examination may also be required periodically throughout employment for positions where .physical standards must be maintained. C. Dperatlon of County-C-wned Maur Vehlcles Applicants for positions requiring the operation of a County-awned motor vehicle must possess a valid Virgilaia driver's license including a Commercial Driver's License, if necessary) at the time of employment. They maybe asked to show the required license(s) and submit a copy of their Division of Motor Vehicles driving record, Employees who are required to drive a County vehicle must successfully complete a defensive driving course, as required by their supervisor, wlthln the lnltlal probatlanary perlod. ]~. ~-~~ l..lmltatlane Sixteen is the minimum age far non-hazardous employment. Age twenty-one is the minimum age far public safety employment. There is na maximum age far emplayment. ~. Work Authorization The Immigration Reform and Control Act makes it illegal for employers to emplaY anyone who ~s not autharlZed to work in the United States Within three business days of the date employment begins, all new employees must provide documentation that is identified on the 1-9 farm ~Emp~a-yn~ent Eligibility Verification farm} to establish their identity and authorization to work in the United States. If employees are authorized to work, but are unable to present the required dacument~s~ within three business days, they must present a receipt far the application of the document~s~ within three business days and the actual document(s~ within ninety ~9a) days. A copy of the employee's social security card is required. by the Payroll Department to verify information f©r 5acial Security purposes.. F. Typpes of Employment Status Employment statuses far County positions include regular full-time, part-time ar ten~parary. Regular full-time positions are outlined in the Classification Plan. These positions usually have no fixed duration of service and arc eligible to receive all employee benefits. Part-time positions work no mare than ~2 hours per week. Employees in temporary positions are hired far a specific time frame, normally no more than`six menthe. Both temporary and part-time employees are paid on an hourly basis. ~. orientation The Department of Human Resources conducts new employee orientations regularly. Emplayees will be notified by their supervisor of their scheduled orientation session. Each department is also responsible far providing the new employee with an on-the-fob orientation. This orientation will introduce the employee to their wark environment, responsibilities, wark schedule, safety requirements, and the application of departmental policies, H, Probationer. P The wark and conduct of a new employee during the first six months of employment are considered a working test period, or ,rQbcxtxc~x~c~ ~~ri~d During this time an employee must demonstrate the ability to perform essential jab functions and suitability as a County employee. Probationary employees are not eligible to apply far another position within the County, An employee may be dismissed at any time during the probationary period with no right of appeal, except where dlscrlminatlan is claimed. Probationary employees asserting charges of discrimination have the right of appeal through the grievance procedure described in Chapter 7. During this probationary period, it is recommended that their supervisor evaluate the new employee three months and six months after the employment date, ar as determined by departmental needs. This evaluation is intended to give bath the employee and the supervisor the opportunity to discuss their working relationship and make improvements, if necessary. wring this evaluation, the supervisor has the option to transfer the probationary employee to regular employment, to extend the probationary period, or to dismiss the probationary employee, With the approval of the Director of Human .Resources, the supervisor may extend the probationary period for as much as six additional months. The probationary period may be extended when the employee's ability to meet essential job functions is ~questianable or when the duties of the job rewire additional training. Some County departments may establish ether schedules for probationary periods as their departmental needs mandate. The probationary employee accrues Flexible Leave hours which may be used after it has accrued. "Chapter ~, Leaves of Absence,,' describes Flexible Leave usage. After successfully completing the probationary period, employment will continue on an at-will basis. ~. Work Routine Because Roanoke County relies heavily upon its employees, it is irr~portant that employees attend work as scheduled. Dependability, attendance, punctuality, and a. commitment to do the job right are essential at all times. As such, employees are expected at work on all scheduled workdays and during all scheduled work hours and to report to work on time, Moreover, an employee must notify hislher supervisor as far in advance as possible for an amount of time established by departmental policy} if helshe expects to be late or absent. The appropriate supervisor will provide the employee with a daily schedule, The supervisor or management may alter work hours during the workday, or may increase or decrease the normal work hours or work schedule. Regular full-tune employees work a 4(~-hour week. However, as defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or fire protection an an extended ~8-day work period. Your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. Depending on the nature of their work, employees maybe allowed to alter their work hours or lunch schedule with approval from the appropriate supervisor. C}ffices that serve the public, however, must remain open anal staffed from ~:t}~ a.m. until 5:~~ p.m. Monday through Friday, While there arena designated times for employee breaks, individuals may need a rest period or brief break during the day. Break periods may not 5 exceed 1 ~ minutes in the morning and 15 minutes in the afternoon. Breaks must not conflict with ongoing work in the office or work area and, therefore, must be scheduled so that offices are open and staffed from ~:aQ a.m. until 5:aa p.m. The employee must notify the appropriate supervisor before taking a break. Breaks shall not be used to arrive at wark late, leave wark early, ar to extend the lunch period, An employee may be required to wark overtime. The guidelines found in chapter 3~ "~Corr~pensation and Benefits,,' describe overtime compcnsatian. b CHAPTER 3 -COMPENSATION AIVD BENEFITS A. Classification Plan The pay of all regular County employees is established by The ~'~as.s'i fc~at~n c~nd Pc~y P~c~n, which is approved annually by the Board of Supervisors, The Department of Human Resources is responsible for developing and maintaining a uniform plan. Pay ranges, or ~rr~c~~s, are assigned for every classified position in the Plan.. Every grade consists of minimum and maximum pay rates for a posltlon. B . Recording Work Flours Personnel covered by this handbook must accurately record all work hours and leave tune on an approved time sheet or time card. The standard workweek for payroll purposes begins on Saturday at l Z:ol a.m. and ends on Friday at 12:0o mldnlght. Tune sheets or cards must be submitted to the appropriate supervisor after the biweekly pay period is complete see next section}. The appropriate supervisor verifies and approves hears worked and departmental time records are forwarded to the Payroll office. C. Pay+da~ Employees are paid biweekly. Paydays occur on alternate Fridays throughout the year. If a payday falls on a holiday, employees are paid on the workday before the holiday. D. Direct De osit The County provides electronic funds transfer into your bank or credit union account. All new full-time employees are required to participate indirect deposit. Regular part- time employees who work on a weekly basis may also participate in the direct deposit if they choose. Withdrawals of a direct deposit may occur, in order to correct payments made in error.. E. Deductions The amount of salary earned and the amount of salary received wili differ, Thls is a result of pay deductions. Some deductiol~s are required b law and others are made at the employee's request, State and federal income taxes and Social Security deductions are required by law, Other legal deductions could include garnishments, tax liens, and other wage assignments. These payments are deducted from each employee's salary according to federal and State rates. All other deductions are voluntary and made at the employee's request. Voluntary deductlons may Include health Insurance, savings bonds, credlt unlon payments, United Way contributions, deferred compensation and Roanoke County Flexible Spending Accounts. 7 F. Overtime Com ensation The job class status is used to determine overtime compensation, Each job class is given the status of either nonexempt or exempt, and exempt job classes are further separated into exempt/cc~r~pe~~~~atnry and exen~pt/di.~e~eti~~~r~. Ta be considered exempt, an employee's job duties must fit into an executive, adminrstrative, professional, or computer category by the Fair Labor Standards .Act, Those employees whose jab duties do not fall into these categories are classified as nonexempt. Your supervisor will inform you of your status when you are hired. It is the County's intent to comply with all Fair Labor Standards Act (FLSA~ regulations and to classify and pay employees correctly. Improper pay deductions are prohibited. If an employee believes they ~~ave been paid incorrectly or that improper deductions have been withheld from a paycheck, Human Resources should be contacted. If it is determined that pay is incorrect or the deductions were improper, the situation will be corrected and any reimbursements due the employee will be made. 1. overtime Can~~pensation for Nonexempt ~mpla, Overtime compensation will begin for all hours actually worked over 40 during the established workweek Saturday 12:1 a.m. through. Friday 1~:a0 midnight}. The County provides overtime compensation in the farm of time and one-half the nonexempt employee's hourly pay rate. Sick leave, annual leave, holiday or Flexible Leave hours are not considered actual work hours for the purposes of calculating overtime. Management may reschedule employees during the work period so that no more than the normally scheduled hours are worked. As defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or fire protection on an extended work period. The extended work period is ~8 days and the County provides overtime compensation in accordance with FLSA guidelines. Compensation is at time and one-half the employee's hourly rate. Paid forms of leave are considered actual work hours for the purposes of calculating overtime for employees whose primary duty is law enforcement ar fire protection. For all other positions sick leave, annual leave, holiday or flexible leave hours are not considered actual work hours for the purposes of calculating overtime. Management may reschedule employees during the work period so that na more than the normally scheduled hours are worked in the 28-day period. Upon employment, your supervisor will inform you as to whether or not your position ~s considered law enforcement or fire protection. The appropriate supervisor must pre-approve all overtime. Overtime payment is included on the employee's paycheck that follows submission of the biweekly time sheet containing the overtime work except those on a 28-day cycle, Employees on a 28 day cycle public safety are paid their overtime on the paycheck that fellows the submission. of the time sheet at the end of their 2$ day cycle... 2. ExemptlCampens~tory Overtime Compensation Employees maybe designated as ~x~mpt,/comp~~~~c~~ory if their job duties fit into an executive, administrative or professional category but are below the assistant department director level. ExemptJcampensatoryempbyees earn compensatory time off an an hour-far~hour basis far all hours actually worked over 40 during the established workweek. Compensatory time off must be taken as soon as is practical according to the workload of the department. If the department's workload makes it impractical to take compensatory tune off as aeon as it is earned, compensatory time off can accumulate. However, accumulated compensatory time off may not exceed 1~0 hours by the last pay period of each fiscal year. Employees who wave from an exemptcompensatory position to either nonexempt or exemptldiscretonary position will forfeit all accumulated compensatory time off. ~fihis provision does net apply if the new position was a result of a reclassification. When an employee leaves County service voluntarily or involuntarily, he or she forfeits all compensatory time off. If an employee with accumulated compensatory time is placed on reduction in force status, the compensatory time will be paid out as a lump sum with any accrued annual leave, sick leave andlor Flexible 1<~eave hours.. 3. ExemptlDlscretionar~verti~ne Compensation An employee is designated as ex~m~t,~~'i.5~c're~rnnary if their Job duties flt into an executlve, admrnlstrat~ve, or professlonal category and 1s at the asslstant department director or senior management level or shave. Exempt~discretionary employees are expected to work the hours necessary to complete the fob and. do not accumulate or record overtime (comp time} hours worked on an hour for hour basis as described above in the Exempt~Compensation section. Exempt~discretionary employees are eligible to take time off at their discretion based on hears that have been worked beyond the normal workweek. ~. Standby and ~n-Call Some County departments have a need for essential work to be performed outside regularly Scheduled hours. Employees who are required to~ perform this work are placed on either .~~c~nc~~~ or vn-cc~t~ status and are called back to work if necessary. . Standby ~"tand~y is ~ preplanned status where employees are required to be available for specified periods of time to perform essential work outside regularly scheduled hours and are paid. employees on standby status are not restricted in the use of personal time, but must be available for cal! back when contacted by beeper, radio, telephone or other prearranged means. Those on standby are eligible to receive the standby pay rate approved by the Board of Supervisors in the County budget adopted annually. employees on standby status who do not respond when called for work may be subject to disciplinary action. Standby status must be requested by ~~he appropriate department director, submitted to the department of Human Resources for recommendation, and approved by the County Administrator or the Adminis~~rator's designee. 2. ~n-Call Can-calf is a status designated in the job descr~'~ption or by the supervisor that subjects the employee to being called back to work outside regularly scheduled hours..~~ploy~~s da nat receive auy type c~~'camp~nsatian far an-call status. However, call back for employees on-call is nor:~ally not as frequent as for those on standby status. Once called back to work, either by standby status or on-call status, nonexempt employees are paid for all time worked. ~emptlcompensatory employees who are called back to work receive compensatory time. (See Chapter 3, section F, "C~vertirne Compensation," for information on nonexempt and exemptJcompensatory status as well as compensation for overtime.} H. Ae~in~ Status Compensation An employee who is required to assume the duties of another employee in a higher pay grade is entitled to ac~tin~ statu~s~ cc~m,~ensatzan. This compensation is ~. terr~porary 10 percent increase in the employee's salary, or to the minimum, of the pay grade, whichever is more. The employee fulfilling acting status will receive the appropriate compensation beginning on the first day of the pay period following two consecutive weeps of acting duty status. L 20 Year Service Pay When afull-time employee has reached 20 years of continuous full-tune service with the County, the employee is eligible for an additional $600 of pay each year or otherwise approved by the Board of Supervisors in the classification plan. This amount is added to the regular salary over 26 pay periods. payments will begin on the pay date coinciding with the attainment of the employee's ~Q~h anniversar of fullY~~ime service. If an y Io employee leaves County service during the year far any reason, the employee will not be elgi~~ le far any unpaid pai~ions of the award. J. Health and Dental insurance t~nly ful~i-time employees are eligible to participate' in the County's health andlor dental ~~nsurance plans. For those who participate, the cast of these '~~nsurance plans is partially funded by the County and the remaining amount is deducted from the employee's salary. ~`hase enrolled in the County's health andlar dental insurance plans will receive a handbook explaining ~~ he plans and benefits in detail. ~'he employee may only enroll, make changes in, or cancel the health andlar dental insurance plans upon employment, during yearly open enrollment periods, ar within 30 days of a qualifying event. Contact the Department o~~ Human Resources or see the Roano'' e County Human Resources Intranet site for more details an qualifying events.. CdBRA Continuation Coverage: ~mplayees leaving County service may elect to continue their healthldental insurance for up to 1 S or ~q months fallowing termination of employment fallowing the provisions of the Cansaldated omnibus Budget Recanciliatian Act ~~C~BRA). The 29-month period is only available to qualified beneficiaries who are deemed by Social Security Administration to have been disabled before the end of the first ~~ days of the ~ S month C{JBRA continuation period. lvn addition, family members wha are enrolled may also cantinas coverage through the County's health and dental insurance plans if certain qualifying events would otherwise end their coverage. A qualifying event may include termination of employment, marriage, change iri employment status, death, divorce, child reaching ineligible status due to age, etc Spouses of employees may elect to continue their healthldental insurance for up to 3~ months in the case of the employee's death or divorce. Dependent children of employees may also elect to continue their healthldental Insurance for up to 3~ months when the child ceases to be an eligible dependent. Retiree Health Coverage; employees who are considering retirement should check with Human Resources concerning health and dental insurance coverage, ~'o qualify far continuation of coverage and to be eligible to receive the County's premium contribution toward the,health insurance, the employee must have at least ~ ~ years of continuous full- time employment with no break in service thraug~ ~ the date of retirement with Roanoke County and be eligible for the VRS retirement benefit. Both the employee and eligible dependents must. have been enrolled in the health andlor dental plans far at least 5 years at the time of retirement. employees applying fdrvork-related ar non work-related disability must also meet the eligibility requirements f®r early or regular retremen~~ to be eligible far the County Retiree HealthlDental Benef~~ plan, When the retiree or their spouse turns age 65, their health insurance coverage will end. Retirees who wish to coi~t~~nue participating in the dental plan are responsible for payment of the full dental retiree premium. ll Contact the Department of ~Iuman Resources for further information regarding the County' ~ health and dental plans, ~, short and Lon Term Disability_ta~L~rance only full-time employees are eligible to participate in the County's short and long term disability plans. Short and long term disability are integral components of the Flexible Leave p~~an and new employees are automatically enrolled. These plans have been established to provide income protection during times of extended illness ar in~,ury when the employee is unable to work. The County fully funds the chart term disability average and partially funds the long term disability. Upon enrollment, a document explaining the plans and benefits will be provided. Contact the .Human Resources Department far additional information an short and long term disability.. ~,. Health Insurance Portability . Accountability Act ~HIPAA} Roanoke County's hea!~th and medical benefits must comply with the Privacy Regulations found in the Health Insurance Portability and Accountability Act {HIPAA~ as found in the Code of Federal Regulations 4~ CFR Part 1~4.5~0. Roanoke County is required to maintain the privacy of your health information and to provide you with notice of its legal duties and privacy practices with respect to your health information, This Notice of Privacy Practices will be provided upon enrollment in the insurance plans during your Benefit ~rientatian, The notice may also be found an the Human Resources Intranet .site. ll~'l, Life Insurance Each full-time employee participates ~~n the group life insurance plan. The Virginia Retirement system administers the plan,. which offers life insurance without the requirement of a medical examination. The full-time employee may also purchase additional insurance through the optional life program, Employees must choose a beneficiary when they begin County service and are responsible for keeping beneficiary records current. Contact the Department of Human Resources if the beneficiary changes. The Virginia Retirement ,system publishes a ha ~~dbaak that includes an explanation of the group life insurance plan. This maybe obtained in the Department of Human Resources, N. 'worker's Compensation The County may pay related medical expenses--at no cost to the employee--for an accident a~r qualifying illness that occurs as a result of work. 'worker's compensation coverage is provided for full.-time, part-time and temporary employees and authorized volunteers, In addit~~on, the employee may be entitled to compensation to help offset the loss of wages while unable to work, Employees do not share in the cost of worker's compensation; the County pays the entire cast. 12 Ta be considered for full worker's compensation, accidents on the job mint be reported to the employee's supervisor immediately. The RepUrt ~n~~Ac~cr~~r~t or Injury and the Pa~ie~ ~~`Phy,~e~na~ f~rm,~ must be completed by the supervisor and ernplayee and forwarded to the Department of Risk IVlanaement within two working days of the accident. These farms are to be completed even if the employee does not receive medical treatment. The County's V~arker's Compensation third party administrator reviews all claims that are submitted for ellglblllty. During the first seven calendar days that a regular full-time employee is absent from work because ofjob-related illness ar injury, the employee must use accrued sick leave ar Flexible Eeave hours to receive full pay. After the first seven calendar days and up to the next 9~ working days, the employee could receive full pay at the recommendation of the department director and approval of the Risk IVYanager, The Board of Supervisors may grant up to an additional b0 days with pay in special instances. ~f the employee is absent mare than Z l calendar days because of an approved job-related illness or injury, the County will reinstate the leave that was used. ~n order to receive full pay, the employee must sign aver any worker's compensation checks to the County. State law allows the County to designate physicians that the employee must cheese from far an examination verifying the extent of injury or illness. If an employee chooses to be treated by a physician other than one an the County's panel of physicians, the employee maybe responsible for medical expenses related to that treatment, Xn eases ofjab-related injury or illness that extends beyond approved limits or incases of permanent disability, the employee will receive the compensation allowed under the 'V~arker's Compensation Act. The employee will not be an pay status with the County during this time and, therefore, will not accrue leave hours. +~uestions regarding worker's compensation may be directed to the Risk Management Department. ~. Unem~l~~ment C©rnpensation The County contributes to an unemployment compensation fund for employees who leave County service and are eligib'~e to apply far unemployment compensation through the Virginia Employment. Commission (VEC~. After applying, the VEC determines compensation eligibility an an individual basis.. P. Virginia Retirement Sys The Virginia Retirement System ~VRS}was designed by the State to supplement federal Social Security retirement coverage. IViembership in VRS is a condition of emplayment for all full-time regular County employees; however, new full-time employees ~5 ar older may choose not to participate, l3 The Virginia General Assembly, in its 2414 session, paned legislation implementing new plan provisions for employees hired or rehired on or after July 1, 241.4. The new plan provisions are called the Virginia Retirement System ~VRS}Plan 2. Prior to July 1, 2014, the plan provisions are called the RS Plan 1. Employees hired before July ~, 2414 are in Plan.1.Most. employees hired or rehired on or after July 1, 2414 are covered under Plan 2. Rehired employees are those who left covered employment, withdrew their funds and returned to covered employment with no service credit in VRS or no account balance in a Virginia optional retirement plan. Their membership date is the date they were rehired. The County makes contributions to the VRS for each employee. These payments are divided into the employee's share, which is 5 percent of the annual salary, and the employer's share, but the County currently pays bath shares as one of the employee's benefits. The 2010 plan provisions allow the County to change the amount of the employee share that is paid by the County for all employees in Plan 2. Vested members are entitled to receive VRS benefits upon. retirement, Employees may receive full or partial VRS benefits depending on their age when they retire. If an employee terminates service with. the County before retirement, he or she may be able to withdraw the employee's VRS share, depending on provisions of the VRS. The VRS membership handbook gives a detailed e~cplanaton of the VRS benefits. Copies of the handbook maybe obtained in the Depament of Human Resources or accessed on the VRS website at www.varetire.org. Employees who become permanently mentally or physically unable to perform present job duties may be eligible for work-related or non work-related disability retirement with the Virginia Retirement System. Contact the Department of Human Resources for more information.. Law enforcement officers and firefighters may be eligible for an additional retirement benefit through the Virginia Retirement System, Tie ~ ~'nfor~emen~ ~ffic~rs~, Fzr~fighters and Sheri f f st P'r~ngram. Contact the Department of Human Resources for additional information regarding this benefit. Q Social Security The County contributes to the Social Security payment for each employee. The balance of the payment is deducted from each employee's salary. These payments are then credited to each employee's account. All payments made to Social Security by the employee and his or her employers} are totaled and determine the amount of Social Security benefit that the individual will receive upon retirement. R. Em to ee Assistance Pro ram EAP The County offers EAP services as a benefit to employees. Full-time employees and their immediate family members including spouses, children, parents, or other relatives living in the employee's household, may obtain confidential, professional assistance in resolving personal problems through the Employee assistance Program HEAP}. The EAP 1~ provides professional counseling and referral services. Its purpose is to help employees and their families identify, resolve, and gain control over personal orwork-related problems that may be interfering with work and daily life. The employee or the immediate family member may contact the EAP directly. The supervisor may refer an employee to the program as well. This referral is in strict confidence. For more information an the EAP contact your supervisor or the Department of Human Resources. S. Deferred Compensation All full~time employees have the option of participating in the voluntary deferred compensation program. Contributions can be ~~ade through pre-tax deductions from paychecks. The County makes a matching contribution determined. by the Board of Supervisors far each participating employee. Employees are I o0°1o vested in the deferred compensation program once they enroll. Far further information regarding the deferred compensation program ar the amount of the County contribution, contact the Department of Human Resources. T. Flexible Spendn Accounts Flexible spending accounts maybe established byfull-time employees to have qualifying medical expenses andlor dependent care expenses deducted through pre-tax payroll deductions each payday. Employees may only enroll in this benefit within thirty days from the date of hire, or during annual open enrollment periods. Please contact the Department of Human Resources for further information regarding the flexible spending accounts. ~. Tuition Reimbursement proms The Tuition Reimbursement Program helps employees pursue professional growth and development with the County. The program is normally intended for those completing an academic degree, such as a QED, associates, bachelor's or master's degree. The course of study should be related to the business of the County, the department, employee's Current pasltlotl or prepare the en~.pl0yee for pramat~an Into another County paslt~an. The Tuition Reimbursement Program is not intended to replace job skills training, seminars, workshops and ether training provided by the employee's department or required far the job. Employees who are eligible far educational assistance from other sources, including veteran's benefits, grants, andlor scholarships, must exhaust those sources before applying for tuition reimbursement. Additional information, including procedures and the application farm far tuition reimbursement may be found on the Human Resources Intranet page or in the Duman Resources Department. I5 V, Credit Union The credit union is a financial organization owned and operated by its members. Members are eligible f©r a variety of benefits and services, i~~ chiding loans, dividends, and family memberships. Credit union transactions for Roanoke County employees are handled through the Member one Credit Union. Any Roanoke County employee may become a member of the credit union. Contact the Member one Credit Union far membership information, . Reco ninon Programs The Employee Recognition Program recognizes and awards employees for their years of service with Roanoke County. Employees are recognized for five-year increments of consecutive County service +~5, lo, 1S, etc.). After ZS years of service, employees become members of the Quarter Century Club. ~. Employee Advisory Committee The Employee Advisory Committee (EAC}provides all employees with a way to make suggestions concerning personnel policies, benefits, working conditions, and other areas of concern. The committee typically meets monthly to address employee concerns., Contact the :department of Human Resources for more .information. lb CHAPTER 4 -LEAVES OF ABSENCE A. Flexible Leave The Flexible Leave Plan (FLP) is a comprehensive program that recognises the many diverse needs of employees for time off from work, and includes a disability plan for income protection. I~ou~rs accrued in the flexible leave plan may be used for any purpose when scheduled in advance or at times when unforeseen circumstances cause an unscheduled absence. An integral part of the Flexible Leave plan is short and long term disability insurance to cover periods of extended illness or inj ~~ ry. employees are automatically enrolled in the disability plans as a part of the ~~ exible leave plan. Additional information on short and long terra disability insurance maybe found in the benefits Section of this handbook or by contacting the Hyman Resources Department. • employees hired after Novem!~ er 4, X006 will only have the Flexible Leave plan available for the accrual of leave time. employees hired before November 4, 2a~o~, may choose to enroll in the Flexible Leave '~ lan or remain in the traditional Annual and Sick Leave plans.. employees who do not enroll i ~~ the FLP when first eligible may join during annual open enrollment periods. For late entrants, evidence of insurability will be required with application to the long term disability plan and acceptance into the plan may be denied.. Transitional details are documented in the Duman Resources Management Policy on Flexible Leave and can be found on the Duman Resources Intranet site. :Accrual schedules for the :Flexible Leave Plan for Fire and Rescue personnel are available from F&R departmental management. 1. Accumulation Full~trne employees will accrue flexible leave hou~~ s based on their years of continuous County service. Leave is applied biweekly to the employee's payroll record according to the table below: Years of ' Annual ~ iweekly Service Accumulation Accumulation o up to 4 20 days b. l6 hours up to '9 23 days 7.08 hours I ~ up to 14 2~ days S.oO hours 15+ 29 days x.93 hours Flexible leave may be taken in quarter-of~an~hour X15 rninutes~ increments and is available for use after leave accruals have been applied. I~nless the employee has 17 accrued flexible leave available far use, hear she will net be granted flexible leave. Absences with pay due to flexible leave, civil leave, military leave ar ether types of paid leave do ~~at affect the flexible leave accumulation. however, leave will net accrue far any unpaid absence of ~Q hears or mare, per biweekly pay period including absences far FNILA reasons. This applies to new employees, these leaving County service or employees an leave without pay. Flexible Leave will accrue for all employees serving a probationary period. Employees may accumulate Flexible Leave net to exceed 4O~ hours (5a days} by the last pay period of any fiscal year ~~une 3a~ or when the employee leaves Coun~~ y Service.. Z. Schedulin Flexible Leave Although .Flexible leave is a benefit provided for employees to self-manage their time off, it should be scheduled so the ongoing work effort in a department is still productive.. Flexible leave may be used far any purpose and should be sc'~~ eduled in advance. Leave requests must be submitted na less than three warping days in advance and approved by the appropriate supervisor, The supervisor may waive the three~day requirement in emergency circumstances or when an unforeseen circumstance causes an unscheduled absence. ~n some departments, flexible leave must be requested mare than three days in advance. The appropriate supervisor will inform the employee when hired if a longer submission time applies.. 3. Flexible Leave upon Termination Employees who .leave County service are entitled to payment far Flexible leave up to the maximum accrual rate of ~aa hours ~5a days}, This includes retirement, voluntary resignation, death, ar dismissal, The County will pay the employee once all County property is returned to the appropriate departments} and any debt to the County is settled. An employee must give a twoyweeks notice of resignation {see "Termination of Service" section}..Any flexible leave taken during this time must be approved by the appropriate supervisor and must not interfere with the ongoing work effort of the department. Flexible Leave can not be used to extend a resignation past the two~week native. 4. Salida, s during Flexible Leave Any scheduled holiday that falls during an employee's flexible leave time will not be charged to that leave balance. IS ~. Verification and Ratification ~"he appropriate supervisor has the right to request verification of absences reported as unscheduled flexible leave by requiring a physician's statement. When an unforeseen need for flexible leave occurs, employees must notify the appropriate supervisor na Inter than the beginning of their shift. In some departments a longer notification period may be required. The appropriate supervisor will inform the employee if this applies. Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds for counseling andlor disciplinary action. ~. Flexible Leave and Secondar.~ployment Employees who are utilizing flexible leave an the basis of a medical authorization. may not work at their secondary employment unless they receive the prior permission of their department director. 7. Extended Illness or Disability It is recommended that employees maintain enough Flexible Leave hours to cover unexpected absences, including FMLA, ~V'orkers Comp, and the Short-Term Disability waiting. period. If an employee will be out of work because of a prolonged illness or injury, he or she should refer to the benefits section of this handbook describing short and long term disability for more information. S. Famil. The County provides up to three working days to cover any absence related to the death of the employee's spouse,. the employee's child or stepchildren, brother, sister, stepbrother, stepsister, parent, spouse's parent, stepmother, stepfather, grandparent, grandchild or a relative living in the employee's household. In unusual circumstances, the Director of ~Iuman Resources may extend the three- daylimit or the six-day fiscal year limit at the recommendation of the employee's supervisor. phis time off is not deducted from the flexible leave balance, If additional time off is required, the employee may use flexible leave, Compensatory time elf ellglble}, ar leave without pay, following the guidelines in this chapter. ~. worker's Compensation Leave All work-related accidents must be reported to the appropriate supervisor as soon as possible. if the accident requires medical attention, the cost may be covered by Worker's Compensation insurance. {For more information on this insurance, see Chapter ~, "~Uorker's Compensation section"~ i~ 1 ~. ~ ash- In ~ptian Employees rosy cash-in up to ~0 hours of accrued flexible leave per fiscal year. Ta be eligible far the Cash-In Option, a minimum ~a-hear balance must be maintained in the F~Lp plan after any cash-in payment is made. Hours maybe cashed-in only during :May and November of each fiscal year. The request to cash-~n must be received in the payroll Department by the first day of the month and will be paid during the last pay period of the month. Cash-in hours will be paid at the employee's regular hourly rate at the time of the request. pay received from the Cash-In option can be rolled aver rota the Deferred Camp plan if the employee has an established account. p, Annual Leave Note. Anneal heave only applies to employees hired before November ~, hoof who have not enrolled in the Flexible Leave plan. 1. Accumulation .pull-tune employees receive annual leave based an their years of cantinuaus County service. Leave is applied biweekly to the employee's record according t® the table below: Years of AIlnual ~lweekly service Accumulation Accumulation up to 5 12 days 3.7a hears 5 up to 1 a l 5 days 4.62 hours 1 ~ up to 1 S 18 days 5~.5~ hours l5+ ~ l dav~ b.47 hc~rl~° Annual leave may be taken in ciuarter-af-an-hour {15 minutes) increments and is available far use after leave accruals have been applied, Unless the employee has accrued annual leave available for use, he ar she will net be granted annual leave. Absences with pay due to annual leave, sick leave, civil leave, military leave or ether types of paid leave da not affect the annual leave accumulation, I~owever, leave will net accrue far any unpaid absence of ~a hears ar more, per biweekly pay period including absences for FMLA reasons. This applies to new employees, thane leaving, County service ar employees on leave without pay. Annual leave will accrue far all employees serving a pr©bationary period. Employees may accumulate annual leave not to exceed 336 hours (42 days) by the last pay period of any fiscal year (June 30) or when the employee leaves County service. 2~ 2. Schedulin Annual 'Leave Although annual leave is an employee benefit, it should be scheduled so the ongoing work effort is not disrupted. Therefore, all annual leave requests must be submitted no less than three working days in advance and approved by the appropriate supervisor. The supervisor may waive the three-day requirement in emergency circumstances. fn some departments, annual leave must be requested more than three days in advance, The appropriate supervisor will inform the employee when hired if a longer submission time applies. 3. Annual Leave upon Ter~inanon. Employees who leave County service are entitled to payment for annual leave up to the maximum accrual rate of 3~b hours (4~ days). This includes retirement, voluntary resignation, death, or dismissal. The County will pay the employee once all County property is returned to the appropriate department(s) and any debt to the County is settled. An employee must give atwo-weeks notice of resignation {see `Termination of Service" section). Any annual leave taken during this time must be approved by the appropriate supervisor and must not interfere with the ongoing work effort of the department. Annual leave can not be used to extend a resignation past the two~week notice. 4. holidays during Annual Leave Any scheduled holiday that falls during an employee's annual leave will not be charged to that leave balance. C. Sick Leave Note: dick Leave only applies to employees hired before November 4, 200~~ who have not enrolled in the Flexible Leave. i . Accumulation All regular and probationary full-time employees receive l ~~ hours ~ 15 days) of sick leave per year.. Sick leave is applied to the employee's record Z~ times per year. The biweekly accumulation is ~.+~2 hours. Sick leave maybe taken in quarter-of an-hour X15 minutes) increments, Accumulated hours are available for use by fullYtime regular and probationary employees after they are applied to the employee's record. Unless the employee has accrued sick leave available for use, he or she will not be granted sick leave. Absences with pay due to annual leave, sick leave, civil leave, military leave or other types of paid leave do not affect the sick leave accumulation. However, 21 leave will net accrue for any unpaid absence of 4o hears ar mare, per biweekly pay period including absences far FLA reasons. This includes new employees, these leaving bounty service, or employees. on leave without pay. Sick leave hears will accrue for all employees serving a probationary period. dick leave can accumulate and accrue from. one fiscal year to the next. There is no maximum on the amount of hears allowed to accrue. 2. Justification far Sick Leave Hse a. Personal Illness dick leave may be used to aver any absence from. work that results Pram a personal illness or injury, exposure to a contagious disease that could create a hazard to fellow employees, anc~alth-related appointments when these appointments cannot be reasonably scheduled outside working hours. b. Famil Ily mess Employees may use sick leave for illness of the spouse, children and parents or a relative living in the employee's hausehold~ or far health related appointments far those relatives when appointments cannot be scheduled outside business hours. A maximum often working days in the fiscal year maybe charged against sick leave far family illness. In unusual circumstances, the Director of Human Resources may extend the ten-day fiscal year limit at the recommendation of the employee's supervisor, c. Maternit (Paternity Absences caused by or related to maternity and paternity, including adoption of children, maybe covered. by sick leave. Far mare information concerning maternity and paternity leave, see "Absences for Maternity and Paternity section," in this chapter. d, Family Death dick leave maybe used to cover any absence related to the death of the employee's spouse, the employee's child or stepchildren, brother, sister, stepbrother, stepsister, parent, spouse's parent, stepmother, stepfather, grandparent, grandchild or a relative living in the employee's household, A maximum of three working days may be charged against sick leave far a family death, and a maximum of six days for the fiscal year. In unusual circumstances the Director of Human Resources may extend the three-day limit ar the six-day fiscal year limit at the recommendation of the employee's supervisor. 2~ If additional time off is required, the employee may use annual leave, compensatory time (if eligible), or leave without pay, following the guidelines in this chapter. 3. Verification and ~lotification The appropriate supervisor has the right to request verification of absences reported as sick leave by requiring a physician's statement. When sick leave needs to be used, all employees must notify the appropriate supervisor no later than the beginning of the shift. In some departments a longer notification period may be required. The appropriate supervisor will inform the employee if this applies. Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds for discipline. 4. Extended Illness or Disability If an employee will be out of work because of a prolonged illness or disability, he ors e must su mgt to t e appropriate supervisor a p ys~c~an's statement t at estimates the probable duration of the illness or disability. The employee must use accrued sick leave, annual leave, or leave without pay has described in "Leave without Pay section," of this chapter) to cover his or her absence. 5. Worker's Com ensa~~ ion Leave All work-related accidents must be reported to the appropriate supervisor as soon as possible. If the accident requires medical attention, the cost may be covered by Worker's Compensation Insurance, For more information on this insurance, see Chapter ~, "Worker's Compensation section."} ~. Sick Leave Bonus When an employee leaves County service, he or she is eligible to receive payment for all unused sick leave. Those who separate by resignation or death are paid 1.~5 per unused sick hour {1 ~ per unused sick days up to $2,400. Retirees are paid $4.3~~ per unused sick hour ~~~ per unused sick days with no maximum. To receive payment, the employee must return all County property and all debt to the County must be settled, 7. Abuse of S ick Leave Sick leave is available to the employee as an aid in time of need and should only be used when necessary. It should be used with care to prevent financial hardship that might result from leave without pay status during an extended absence because sick leave has already been exhausted. 23 It is the department director's responsibility to manage this policy and ensure that sick leave is used as it is intended. dick leave usage shall be monitored and reviewed with the employee when six ~+6) ar more days of sick leave have been used during a fiscal year, Employees who utilize their sick leave without producing a medical excuse are prohibited from working at their secondary employment while receiving this county benefit... Employees who are utilizing sick leave an the basis of a medical authorization may not work at their secondary employment unless they receive the prior permission of their department director. Sick leave pay will be denied to any employee who is found guilty of making a false statement of sickness or otherwise abusing the sick leave privilege. An employee could also be considered guilty of abusing sick leave even if he or she has not used the 1-day yearly allowance, Abuse of sick leave is considered grounds for counseling andlor discipline. ~. Sick Leave Bank The Sick Leave dank is a grandf~thered program only for those employees who remained in the traditional annual and sick leave plans. It provides a "sick leave loan" to members who have exhausted all accumulated sick leave and annual leave balances. Loans are for personal major or prolonged illnesses, they are not available for family illness. All sick leave loans must be repaid following the procedures in the Sick Leave Bank Policy available in the Department of Human Resources. Leave hours donated to the bank must have been earned while actively employed by the County. Contact the Department of Human Resources for further information on loan requests, and loan repayments. D, Absences for N~aternity and ~aternit~r The time an employee is medically disabled from apregnancy-related condition is treated as any other personal .illness or disability described in this chapter. Absences nay be charged to earned sick leave for any :medically disabling condition related to pregnancy that is certified by a physician. Maternity and paternity absences far parental bonding andlor child care following the birth or adoption of a child may also be charged to earned sick leave, not to exceed l ~~ hours (2o working days}. Absences for maternitylpaternity leave will run concurrent with, FN~LA. To request maternity or paternity leave, the employee must obtain a physician's statement or a statement from the adoption agency. This statement roust be submitted to the appropriate supervisor ~o days in advance, when possible, of the requested absence, Following the appropriate supervisor's approval of the absence, the Department of Human Resources is notified. If accumulated sick. leave is exhausted, the employee may charge maternitylpaternity absences to accumulated annual leave, compensatory dine (if eligible, or leave without pay, following the guidelines described in this chapter. ~~ Use of MaternitylPaternity leave is limited to pregnancy-related medical conditions, parental bonding, and childcare only. Abuses of this leave could result in disciplinary action. E. Family and Medical Leave Act ~FMIA~ The federal Family and Medical heave Act of l q93, and as amended 2QQ8 and through the National ~-efense Authorization Act ~I~R 247}, provides up to 1 ~ weeks of unpaid, job protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child birth; • To care for the employee's child after birth, or placement for adoption or foster care; • To care far the employee's spouse, child, or parent who has a serious health condition, or • For a serious health condition that makes the employee unable to perform the employee's job. A serious health condition is an illness, injury, impairment, physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. subject to certain conditions, the continuing. treatment requirement maybe met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provide or one visit and a regimen of continuing treatment, or incapacity dine to pregnancy or a chronic condition Eligible employees with a spouse, child, or parent on active duty or called to active duty status in the rational ward or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigences. C~ualifyng exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings. FMLA also includes. a special leave entitlement that permits eligible employees to take up to ~~ weeks of leave to care for a covered service member during a single 1~-month period, A covered service member is a current member of the Armed Forces, including a member of the rational ward or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation or therapy; or is in outpatient status, or is on the temporary disability retired list. The caregiver leave provision also includes veterans who are undergoing medical treatment, recuperation or therapy for serious inj ury or illness that occurred any tune during the five years preceding the date of treatment. wring FMLA leave, eligible employees are entitled to continued group health plan coverage on the same terms as if the employee had continued to work. Upon return from ~~ FMLA leave, most employees mint be restored to their original or equivalent position with equivalent pay, benefits and other employment terms. Employees are eligible for FMLA if they have worked for at least one year, for 1.,250 hours over the previous 12 months. The County uses. a rolling 12-month. period measured backward from the date an employee used any FI~ILA leave, The County requires eligible employees to substitute accumulated. paid leave time to FMLA unpaid absences, Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days advance notice 1s not pcsslble, the employee must provide notice as soon as practicable and must comply with normal call-in procedures. To be considered for FMLA leave, an employee should notify their immediate supervisor and request an FLA application from the Department of human Resources, F. Leave without Pad Although the County is not obligated to grant leave without pay, the department director may approve leave without pay requests for extended illnesses or for personal reasons given by the employee. Leave without pay may be granted for as much as 180 calendar days during the course of employment. The employee cannot accumulate additional leave if on leave without pay for mare than 40 hours. The employee will not receive pay for any holidays that occur while on non-pay status. If on leave without pay for longer than two pay periods, the employee must cover the entire premium balance to continue medical, dental or Long Term Disability insurance coverage employee's share and the County's share}, For those covered by the Virginia retirement System, the employee must pay the employee's share of the life insurance premium to continue coverage. ~G. ~~~it~ry Leav_~ It is the County's objective to grant military leave to full-tune and part-time regular employees for active duty in the armed services of the United States or far employees who are former members of the armed services, current members of the reserve forces of any of the United States armed Services, or of the Commonwealth's militia National Guard, Naval Militia and Virginia State Defense Force, in accordance with federal and state law, 1. Full-time employees are entitled up to 15 days of military leave with pay during each federal fiscal year ~Gctober 1-September 30} while engaged in active military duty for state or federal funded military training duty or who are called into active duty. Regular monthly drills and annual training are considered training duty. i. A period of work usually totals eight hours per day. For employees who normally d~o not work equal workdays on five or more days of each calendar week, the term "workday" shall mean 112b0 of the total working hours such employee would be scheduled to work during and an entire 2+~ federal fiscal year, not taking into aecaunt any holiday, annual leave, military leave ar ether absences. when such emplayee returns Pram federally funded military duty and the eight-hear rest period required by the Uniformed Services Employment and Reemployment Rights Act overlaps such emplayee's scheduled wark shift, the emplayee shall receive paid military leave to the extent of such averlap~ Far these employees, military leave will be paid in proportion to the regular wark schedule. ii. Employees ordered to active duty, including training duty, for a period net to exceed ~a workdays will remain active under all Jaunty benefit plans. iii. Shauld an employee's time away Pram wark exceed the maximum 15 days paid leave per federal fiscal year, the following shall apply. a. If the military leave is more than 4a haute without pay, the employee must continue to pay their portion of any insurance premiums, and will not accrue additional flexible or annual leave and sick leave. ~-. Employees ordered to active duty far more than 3o days, must contact human Resources to determine the status of their benefits. c. The emplayee may choose to use accumulated flexible or annual leave ar campensatary time (if eligible, but will not be required to da so. The employee must notify his~her immediate supervisor if helshe wishes to be paid this time. iv. The employee's supervisor is respansible for ensuring that no mare than 5 days (12a hears) with pay are granted far approved military leave. a. If the employee chaoses to use accumulated flexible or annual leave or campensatary time, the employee's supervisor is responsible far indicating these hears on the employee's timesheet and submitting the timesheet to Payroll. b. Far employees an military leave far mare than 3a-days, the supervisor is responsible far completing an Employee Status Sheet placing the emplayee on Military Leave. c. Upon.. return of the emplayee, the supervisor is responsible far completing an Employee Status Sheet returning the emplayee to active status. ~. Part-time regular employees are granted leave without pay while engaged in active military duty for state ar federal funded military training duty ar who are called rota active duty. Regular monthly drills and annual training are considered training duty. ~, Full-time or part-time regular employees who leave the ~Caunty to enter full-time military duty with the active armed farces of the United States will be granted unpaid leave. Employees shall be granted military leave without pay far the duty indicated in their military orders that is net covered by military leave with pay, far up to five ~5} years. ~~ 4. After comp ~~etion of approved military leave or active military service for a period up to five (5) years) the employee will be eligible for reinstatement to the same or similar position in accordance with [~SERRA guidelines ~~niformed Services Employment and Reemployment Rights Act} as long as they; i. Report back to the civilian job in a timely manner or submit a timely application for reemployme ~~t a. f©r periods of military service of up to 3o consecutive days, the employee must report back to work for the first full regularly scheduled work periods on the day following the completion of the period of service and safe transportation. home, plus an 8-hour period of rest. If reporting back within this deadline is "impossible or unreasonable" through no fault of the employee, he or she must report back as soon as possible after the expiration of the 8-hour period. b. .for periods of service of ~ I -180 days,. the employee must submit a written or verbal application for reemployment with the employer not later than I4 days after the completion of the period of service. If submitting the application within l~ days is impossible or unreasonable through no fault of the employee, he or she must submit the application as soon as possible thereafter.. c. for period of service more than 1 ~o days, the employee must submit a written or verbal application for reemployment not later than 9o days after completion of the period of service. 5. The employee is responsible for provid~~ng a copy of the orders or other support documentatio ~~ from a responsible military official as soon as possible after the employee is aware of training dates, active duty dates, etc. If written documen~~ anon is not available: i. The employee is responsible for notifying his~her supervisor orally as soon as practical after the employee is aware of training dates, active duty dates, etc. ii. If the military leave is for more than 3o-days and orders were not presented prior to the employee leaving, they should be provided as soon as possible upon returning to en~ploy~~ ent. ~. Required Training, Employees may be rewired or approved by their supervisor to attend job,related training. The training will be considered working time and the employee will be compensated according to Chapter 3, "Compensation and benefits." In addition, the County wi~~l pay for reasonable training-related expenses. I. .Educational Leave Employees who choose to pursue ajob-related course n~~ required by the County maybe reimbursed for their tuition, as described in Chapter 3, "Tuition Reimbursement 2.8 Program." ~ptianal coursework is not considered working time and employees will not be paid far their time to attend such courses. J. Civil Leave Any regular full,time employee who is summoned to serve on jury duty or summoned or subpoenaed to appear in a court of law will be entitled to civil leave with pay. To receive civil leave, the employee must provide the appropriate supervisor with a Dopy of the subpoena ar summons and must turn over a ~~opy of the jury duty payment check to the payroll office. The employee will keep payment received for jury dusty, and payroll will deduct from the employee's grass wages an amount equal to the jury duty payment (excluding reimbursement for travel expenses~.lf the employee chooses to charge civil duty to flexible ar annual leave, he or she need not turn over a copy of the jury duty payment check to payroll and no funds will be deducted from the employee's gross wages. Civil leave may not exceed the time actually spent fulfilling the civil duty. Any additional time off on the same day must be charged to flexible or annual leave, compensatory time cif eligibles, ar leave without pay. when an employee may need to use civil leave, hear she must notify the appropriate supervisor as soon as possible and complete a leave request form. A copy of the civil leave request must be forwarded to the Department of Human Resources. employees who are defendants in a criminal court case ar a party in a civil lawsuit may not use civil leave. Whey must charge the absence to flexible or annual leave, compensatory time cif eligible}, or leave without pay. I~. Blood Donor Leave The department director may approve time off with pay during the normal working day for the purpose of donating blood. Any additional time off on the same day must be charged to flexible ar annual leave or compensatory time cif eligible), or leave without paY• L. Holiday Schedule Roanoke County employees receive eleven ~ 11) holidays per year. Far a complete listing of the holiday schedule, please refer to the Human Resources Intranet site. The Board of Supervisors reserves the right to amend the holiday schedule at any tune and to increase ar decrease the number of holidays observed. Far those offices that remain open an designated holidays ar da not follow the established holiday schedule, the fatal number of pall holidays shall not exceed I leight-hour working days or ~~ hours. Any additional day~s~ appointed by the Board of Supervisors will be added to the ~8-hour maximum for these offices. Hal~days are considered an elght=hour work period that falls on the specified holiday. Emp'~oyees working in public safety and other departments with 29 special shifts may have holiday hours applied. in a different manner not to exceed 88 hours in a year, When a ho~~iday falls on Saturday, the Friday before the holiday will be observed.. When a holiday falls on Sunday, the 1Monday following the holiday will be observed. All regular full-time employees are eligible to tape the holiday off and to receive payment at the hourly rate for tune off. However, an employee ~~ ust be on pay status the full work shift (normally eight hours} before and after the ~~ oliday to receive holiday pay. Employees who are on leave without pay on the workday i ~~ znediately before or after a holiday will not be paid for that holiday. Employees that are not actively working and are receiving short or long term disability insurance are not paid holiday pay.. Full-time, exempt, and no~nexernpt employees required by their supervisor to work on a County holiday are paid at the regular hourly rate for the amount of tine worked, The employee, with director approval, may choose to either be paid. for the holiday or to "bank" the holiday hours for use at a future date. Hours held in the Holiday dank may accumulate, i~ ut may not exceed 2 hours by the last pay period of any fiscal year or when the employee leaves County service,. 3a CHAPTER 5 -ADMINISTRATIVE POLICIES AND EMPLOYEE RESPONSIBILITIES A. Personnel Files The Department of Human Resources maintains a personnel file for each County employee. Employee records are maintained in accordance with the retention schedule established by the Commonwealth of Virginia Mate Library for local government retards. This file is the official record of all employment with Ro ~~noke County. Files contain personal data, benefit records,, performance evaluations, disciplinary actions, traini~~ g retards, and ether pertinent information. ~n keeping with the Privacy Act, personnel files are available for i ~~specton only by the employee and the employee's supervisor or other authorized supervisor. An employee may review his or her file by contacting the Department of Human Resources far an appointment. A Department, of Human Resources representative must be present during a review of a personnel file. Any cha ~~ges of address, Warne, telephone nun~i~ er, number of dependents, or other information should be reported to the Department of Human Resources so that personnel records and insurance bene its may e ept up-to-date. P . Performance Evaluations Roanoke County is committed to evaluating employee performance and to providing feedback about employee efforts. The performance appraisal is an opportunity to evaluate past performance, set performance goals fQr the future, and to develop plans far skills learning and career develapment. Written perfarrnance evaluations will be conducted at least once a year for regular full- time employees, as well as regular part-time employees, and may also be conducted at other intervals determined by the supervisor. These evaluations do not replace day-to-day performance discussions between the employee and the employee's supervisor. They should instead help the employee set goals, determine dimensions related to these goals, and esta'~ lisp jab specific examples that meet those goals. ~y doing this, the employee will be able to identify his or her jab performance level, growth level., and developmental needs. Probationary employees are evaluated during the third month of employment and again 3a days before completing the proba~~ ionary period. Employees are normally evaluated annually on or about their anniversary date or other dates as defined by the department. The County depends on all employees to deliver efficient, quality services to all County residents, Any non-probationary emp~'~oyee who receives an unsatisfactory performance evaluation will be reevaluated in accordance with a plan of action by the appropriate supervisor. Any employee who receives two or mare unsatisfactory annual performance evaluations, not necessarily consecutive, within ochres-year period may be subject to ~1 dismissal. As outlined in Chapter ~, "Disciplinary Procedures," this does not preclude an earlier dismissal. C. Employee Classification Roanoke County has established a personnel classificatia~ plan that is maintained by the Department of Human Resources. Similar positions with like duties and responsibilities are placed in the same jab classification and are assigned a pay grade. The Department of Human Resources maintains a description. of duties and qualifications far each jab classification. It is the responsibility of each department director to review jab descriptions far significant changes in jab duties and submi~~ requests far changes in classification to Human Resources. Recommendations must be approved by the County ~dminrstratar. D. Pramat~ans A promotion is the selection of an employee from a jab inane salary grade far a position in a higher salary grade. To be considered far a promotion, an employee must meet the requirements and qualifications specified in the jab description. fob vacancies are posted as described in Chapter Z, "Getting Started." Whenever passible, current Roanoke County employees who meet minimum qualifications should be given preference in hiring. When an employee is promoted into a new position, that employee will serve up to a six-month transitional review period or a period of time determined by departmental needs. During this time, the promoted employee dust demonstrate suitability far the pasitian and the ability to perform the essential job functions. The department will do what ~'~t can through training and development to ensure successful transition to the new job, E~ Demotions When an employee has displayed an inability to meet job requirements or to perform: the assigned tasks of the position, demotion may result. The employee maybe assigned to a pasitian in a laver salary grade, if a pasitian is available and the employee can perform the tasks required far the new pasitian. ~ voluntary demotion may occur if an employee requests and is granted reassignment in a lower salary grade. All demotions must be approved by the appropriate department director, constitutional officer ar other County official after review and concurrence by the Director of Human Resources.. The salary of a demoted employee may be set at any paint within the range established far the new pasitian. ~f the demoted employee's current salary is shave the rna~ imam rate established far the new pose ion, the employee's salary will be reduced. The new salary will be based upon the recommendation of the department director, constitutional officer ar ether official, and approved by the Direetar of Human Resources. 3 ~`, Position Reclassification The County may make changes in the classification system and adjust an employee's salary if essential job functions increase or decrease to the extent that a different classification is appropriate. The County may make minor changes in the job description or title without affecting the position classification. Department directors may request a position reclassification at any time. The request must be submitted through human Resources and ~~ ust be approved by the County .Administrator. A position reclassification may occur in an existing position ~~ ecause of significant increases or decreases inessential job functions and responsibilities. where a position reclassification results from changes inessential job functions and responsibilities and the incumbent fills the reclassified position, the County's application process does not apply. The employee whose position is reclassified may receive an appropriate increase in salary according to the Roanc~~e ~'oun~y Pay ~hllosc~phy, which includes maintenance of market competitiveness and the County's ability andlor willingness to pay. The salary for an employee whose position is reclassified downward may remain the same. however, if the employee's present salary is left above the maximum salary of the new, dower grade, the employee will not be eligible to receive merit orperformance-based salary increases. G. Position Establishment and Abolishment The County may establish or abolish positions in the Classification .Plan according to its needs.lf a new position is established, it will be posted and applications for employment will. be accepted according to the County's application process, as outlined i ~~ Chapter Z, "betting Started". ~f a position is abolished, or when there are significant changes to the position recluire~.ents whereby the incumbent does not qualify for the revised responsibilities, or when the resulting reclassification is~ such that the incumbent is not reasonably considered a candidate for the new position, the County will assist the affected employee~s~ with career transitional services. H. Dther C1as~ification Adjustments The County may make changes at any time in the classification system and adjust employees' salaries based on periodic marketplace conditions or salary surveys. Adjustments may occur within identified groups, classes of positions, or system-wide. The reassignment of a position or positions at any time in the Classification Plan as a result of periodic marketplace or salary surveys is wholly separate from the reclassification process. The County Administrator defines the method by which positions are reassigned and employees' salaries are adjusted. 33 I. Reduction In Force RIF} a) Definition - A Reduction in Farce is a reduction in the workforce ~~ the bounty, or any of its departments or programs, caused by adverse economic conditions, reorganization by management, lack of sufficient work, or a decision by management to decrease services, ~ RIF ca ~~ be Co~~nty wide or wthi ~~ a specific depament or program. T'~ e County Administrator has t'~ e right and obligation to manage the workforce in the best Interest of the County and may require implementation of the Reduction in Force. The following shall serve as the general procedure far a reduction in force. The County Administrator will ultimately decide if a RIF is necessary. If requested to review a department for a possible RIF, the Department Director, ~~n consultation with the +~ounty Administrator and I~ur~an Resources, will have the responsibility for the identification of specific functional areas of a department, job Classlflcatlons, positions, and the individual e~.plo~yee~s~ to be affected. b) RIF Criteria ~~ a RIF occurs within a fob classification in a department where more than one employee is in a position, the Department Director will use the following criteria to determine which employees are retained, 1. Probationary employees - If two or mare employees are in the same classification in a department or program identified for a RIF and one of them is a probationary employee, the probationary employee shall be reduced when feasible, unless the success of ~~he program or department depends upon the specific skill set of the probationary employee skills set is defined below}. If two or more probationary employees are in a fob classification. identified for a RIF, the criteria set forth for non-probationary employees shall be used to identify the probationary employees} to be reduced, ~. lion-Probationary Employees, If a position is identified for a RIF and two or more non-probationary employees are in the same classification, the following criteria will be used to determine which employees) will be retained. i, Skill Set -Skill set is define....' as an assessment of qualifications and experience including any or all of the following:. • Specific qualifications and experience to perform the duties of a position that will be retained. • General qualifications and experience beneficial to the future achievement of department goals and objectives. • Demonstrated performance on specific, related tasks required by the position to be retained. 34 ii, general Performance History - 'erformance history as documented by annual performance evaluations. iii. Length of Service -~ Length of service fs defined as the continuous full tfn~e tenure the employee has with the County.. iv. Time in Job -Tune fn job fs defined as the length of time the employee has been fn the current position wi~~hfn the department. c} "The department director shall determine if the reduction of temporary andlor part time employees serves to adjust staffing levels to avoid a reduction fn force to full time employees. There is no reclufrement that part time employees are elf mfnated first as in some instances part time and temporary employees are necessary to ensure needed flexibility in service delivery. d) The recall process is provided in accordance wf~~h the guidelines set forth in HR Management Policy Procedures. e} Benefits: The employee affected by a reduction fn force will not accumulate flexible or annual or sick leave since he or she will not be receiving pay. ~f two pay periods or less, the employee will have the option to be paid for accumulated leave ar to keep the balance as a credit. Sick leave and comp time will remain as a credit. The employee must continue to pay the employee's share of the premium for health andlor dental insurance coverages) to continue.. Beyond two pay periods, the employee will be paid for any of the unused balance of flexible or annual leave, comp time and sick leave as a lump sum payment. The sick leave will be paid as described in the Sick Leave Bonus section. This employee will be offered the option of continued health and.lor dental insurance coverage through C~BR~A, Virginia Retirement System benefits will cease. J. Termination of Service Those terrninatfng their employ ~~ent with the County are required to give a minimum of two-weeks written notice to the appropriate supervisor and a copy of the notice to the director of ~-~u.an Resources. This notice enables the supervisor to rna~:~e arrangements for a replacement and provides for work continuity. The employee should also contact the 1~epartment of Human Resources to schedule an appointment for the exit process. B y mutual consent, the supervisor and the terminating employee nay waive or modify the twoyweeks written notice, Employees leaving County service must return all County property in their possession to the appropriate department. This includes items such as manuals, identification cards, books, badges, keys, uniforms and tools. The employee will not receive payment for accumulated flexible or annual or sick leave until all County property is returned and any debt to the County is settled. The department of Human Resources conducts sift interviews with regular full-tine employees leaving County service. The purpose of the interview is to ,gather information 35 that may help reduce turnover, improve working conditions and increase efficiency. The representative from the Department of ~Iuman Resources will also make provisions for mailing ~V-2 forms, leave reimbursement, and other vital information. Exit interview results are kept confidential. T~. Continuous Service If an employee should terminate in good standing and return to County employment within 9~ days of the date of termination, the employee wi11 retain seniority and shall be given credit for previous service for the purposes of accruing flexible leave. Individuals wishing to return to their previous positions with the County should complete an A,~~licatinn~for Em~~oyme~t form described in Chapter 2, "Application Process." )~. Anniversary Dates If employed, in a regular position on or after October 1, I"98~, the anniversary date is the date of employment and will not change, For persons employed before October 1, 1~8b, the anniversary date is the date already in effect on October l,1gS~6 and that date also will not change. M. Travel Reimbursement Employees required to travel far County business will be reimbursed for work-related travel expenses. All travel is subject to prior approval by the appropriate supervisor. Reimbursement will only be approved after submitting all eligible travel expenditure receipts. Ineligible expenses include but are not limited to the follawing: purchasing. alcoholic beverages, personal recreation-related expenses, and in-roam hotel "pay-far- v~e YY 77 A.~~a V ~eJ. Employees who use their personal vehicle for County business are also eligible to receive mileage reimbursement. Reimbursement is paid at the current per-tulle amount. Far further information, refer to the `c~un~y Trc~v~~ P~~~icy on file in the Department of Finance ar on the Department of Finance Intranet site, N. Safety Safety on the job is crucial. It is the responsibility of all County employees to observe the safety rules established for their positions. Department directors and supervisors shall be held responsible for providing tl~e training of employees in the proper use of any required machinery, equipment, tools, and personal protective equipment and will also be responsible far documenting such training. Employees will. be expected to participate in and complete training as to the proper use of any required machinery, equipment, or tools. Whey will also be trained and expected to use the proper personal protective equipment that is required for their job. Employees who use a County vehicle shall be expected to follow the established County and State safety procedures and.. traffic laws. Any questions that any employee may have about these safety procedures or laws should 3 be promptly addressed to the employee's supervisor. failure to follow established safety rules or improper use of protective equipment will be considered a violation of conduct standards and appropriate disciplinary action will follow. An employee who finds any apparent defect in County equipment must report it to the approprlate supervisor as soon as poSSlble, preferably before beginning the shift. Any accident involving County equipment must also be reported immediately to the appropriate supervisor regardless of the cause. ~. t~se of County Vehicles Employees are responsible fir the proper care and maintenance ofCounty-owned vehicles used in their work. Those who will operate County vehicles must at all times possess a valid Virginia driver's license and must have and maintain a satisfactory driving record. In addition, employees who will be driving vehicles meeting DoT requirements must possess the appropriate Commercial Driver's License ~CDL~. Employees holding a CDL will be subject to druglalcohol testing as required under the federal Omnibus Transportation Employee Testing Act of 1q'~l, which is further discussed in the "Drug Free working Environment" section in this chapter. The County requires a current Department of .Motor Vehicles ~DMV~ record from new employees and at the time any employee is transferred, promoted, or reassigned to a position that requires driving a County vehicle. The revocation or suspension of an employee's driver's license or any driving restrictions rn.ust !~ e reported to the appropriate supervisor. The existence of a revocation, suspension, or driving restriction, or the allure to promptly notify the supervisor of its existence, may be su~~ ficient grounds for demotion or dismissal. Established County and Mate safety procedures must be followed while using County vehicles, Vehicles maybe assigned to an employee either on a t~k~e home basis from a pool of veh~~cles or on a tas1~ basis. County vehicles are not for personal use except for commuting to work when authorized. lase of Police Depa~n~ent and Sheriff's .Department vehicles is governed by the fake Hc~,me Vehicle Policy of those departments. If an employee is involved in an accident with aCounty-owned vehicle, the appropriate supervisor must be notified of the accident immediately. An investigation of a!i 1 accidents must be conducted by law enforcement personnel. A Vehicle Acci~'ent~vrm must also be completed and submitted to the Risk Manager within ~~ hours of the accident or by the next workday. The County Vehicle Accident Review Committee and Risk IVIa~ ~ager review all. accidents. Employees involved in an accident while driving their personal vehicles on County business must notify the appropriate supervisor. 37 ~. Severe Weather Policy E~.ployees are responsible for reparting to work on tune. When weather conditions cause transportation or reporting to work problems, the employee must contact. the appropriate supervisor. ~f the supervisor decides the employee is not required to report to work, or to remain at work due to severe weather, ~~he supervisor may let the employee take leave or compensatory tune {if eligibles or leave without pay as appropriate, An employee who fails to make a reasonable effort to get authorization for an absence maybe subject to disciplinary action. Departrrment management will inform employees who maybe required to re ~~ ain at work or report to work when such weather conditions occur according to departmental reporting guidelines. ~n severe weather conditions, County offices may be closed by the County Administrator {Public Safety, i.e., Fire & Rescue, police, Sheriff and ComIT departments, will remain open). When County offices are closed, every attempt will be made to notify employees through their supervisor, county corr~municaton media, i.e., county website, or the local media. Employees who are not required to work during authorized closings can elect to use flexible or annual leave, compensatory time {if eligible), or leave without pay. upon the discretion of the departmental management and within Federal Fair Labor Standards Act, employees maybe permitted to make up lost hours due to the closing. ~. immediate Family Members within a I]epartment ~Nepotism~ ~t is the policy of the County not to place immediate family members in a supervisor- subordinate relationship within the same department. This includes regular fullYtime, part-time, probationary, seasonal, and temporary employees. The immediate family includes. spouse, children, brothers, sisters, parents, and grandparents of the employee andlor the spouse. R. Smoking Policy The County is concerned about the health and welfare of its employees and is responsible for providing a work environment that does not present a health or safety hazard to employees or County citizens, Therefore, smoking is prohibited in County-.owned {including leased space} buildings and facilities, except in designated areas, and in all County owned vehicles. Employees who violate the ~'mr~ng Pnl~cy could be subject to a reprimand. See your s~ ~pervisor if you have any questions.. S. ~ru Free W Orkin Environment The County of Roanoke is committed to providing adrug-free working environment for all employees. The unlawful manufacture, distribution, dispensing, possession, or use of alcohol or a controlled substance by an employee is prohibited in the workplace and is cause for immediate dismissal, No employee shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage or other intoxicating substances. 38 The County is mandated to perform druglalcohal testing for employees covered under the. Omnibus Transpartatian Employee Testing Act of 1'991, specifically these employees who are required to have a carnmerc~al driver's license ~~CDL~ and who perfarrn safety- sensitive functions far Roanoke County. Requirements include pre-employment, random, reasonable cause, return to duty, and fallow-up tents ~follawing a positive test result. Employees who must.. be tested will be provided written information an testing requirements and an opportunity to ask questions ~at the time of employment. The office of Disk Management has the responsibility far all druglalcohal testing of CDL holders. Employees taking prescription drugs issued by a licensed physician ar aver-the-counter drugs are responsible far knowing haw the drugs will affect hisJher job performance, reporting the use of such substances to his~her supervisor, and obtaining Roanoke County's authorization to use such drugs while working. Please consult year supervisor if you have any questions or concerns about the County's policy an drugs ar alcohol in the workplace, The County intends to fully comply with the requirements of the Drug-Free workplace Act, the Drug-Free schools and Community Act, and the omnibus Transpartatan Employee Testing Act of 1991. Questions on drugf alcohol testing for CDL holders should be directed to your supervisor and the office of Risk Management. The Department of Human Resources will provide technical assistance in this area upon request. This policy is intended to cover all employees of the County if it is determined that "reasonable cause" exists for druglalcahol testing and it is necessary to ascertain an employee's fitness for duty. The County has contracted with an Employee Assistance Program to provide confidential assistance to employees and their families who suffer from a wide variety of problems. ,See Chapter 3, section. R, "Employee Assistance Program"~. You are encouraged to contact the EAP counselor if you are experiencing problems with alcohol ar drug abuse. All conversations with the counselor will be held strictly confidential unless you request otherwise. T. Electronic Media Use eg Policy This policy governs the use of e-mail, the Internetllntranet, telephones,. and any other electronic device provided by the County and used by an employee in the furtherance of County business. It is the responsibility of the department director to ensure compliance with the policy. Employees are responsible for the proper use of electronic equipment, software, data, log-on IDs, and passwords. Lag-on IDs and passwords assigned to individual employees are to be held strictly confidential and are net to be divulged to ether employees ar to individuals not in the employ of the County unless specifically directed by a supervisor. Unauthorized access and use of computers, software, and data is strictly prohibited, 39 when using the Internet or fax machines, employees are directed not to send materials of a sensitive nature or which constitute the confidential information of Roanoke County unless the information is appropriately encrypted to prevent access or interception by unauthorized third parties. Employees are expected. to treat all electronic and verbal co~n~unications, particularly of a confidential nature, the sane as written materials. Employees who use these communication systems for sending any message that damages the County's reputation may be subject to appropriate disciplinary action, up to and including dismissal. All electronic communication systems and all communications and stored information transmitted, received, or contained in the County's information systems are the property of the County and as such are to be used solely for job~related purposes. one should not expect that any communications made through the County system are private. The County retains the right and maintains the obligation as the owner of computer, software, and data to access, review, and use such for County business and to gather information as deemed necessary to co ~~duct investigations or to assist in legal investigations of individuals or incidents at any time and without prior notice, Use of County te~~ephone, voice mail, and computer systems constitutes acceptance of such monitoring. Roanoke County policies against sexual or other harassment apply fully to the email, computer, Internetllntranet, and voice mail systems, a~~ d any violation of those policies is grounds for discipline up to and including dismissal. Therefore, no messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, sex, age, national origin, disability or any other classification. protected by law. Limited personal use of the Internet is acceptable but should not adversely affect employee productivity.. Roanoke County is not responsible f©r material viewed or downloaded by users from the Internet; the intentional use of County time or property to download music protected by copyright or to view or down~'~oad pornography is prohibited. The Internet is a worldwide network of co..puters that contai ~~s billions of pages of information. Users are cautioned that many of these pages include offensive, sexually explicit and nape ropriate material. In general, ~t is dlll~cult to avoid at ~ieast some contact with this material while using the Internet. Users accessing the Internet do so at their own risk. Employees nay not use the County's Internet connection to download games or other entertainment software, or to play games over the Internet. Also, employees are responsible far complying with copyright law and applicable licenses that may apply to software, files, graphics, docu..ents, messages and other material available to download or copy. U. Social Media Policy To address the fast-changing landscape of the Internet and the way employees communicate, county departments may consider participating in social media formats to 40 reach a broader audience. Roanoke County encourages the use of Social Media to further the goals of the County and the missions of its departments where appropriate. The Board of Supervisors and the County Administrator have an overriding interest and expectation in deciding who may '"speak" and what is "spoken" on behalf of Roanoke County on social media sites. The County shall approve what Social Media outlets may be suitable for use by the County and its departments. Employees representing the County government via Social Media outlets must conduct themselves at all times as representatives of Roanoke County. Employees that fail to conduct themselves in an appropriate manner shall be subject to the Disciplinary Procedures outlined in the Roanoke County Employee Handbook. The County acknowledges employee rights to privacy and free speech that may protect. on-line activity conducted on personal social networks, However, what is published on such personal sites should not be attributed to or reference the County and should not appear to be endorsed by or originated from the County. Employees that choose to list their work affiliation or reference their employment with the County in any way on a social network should regard all communication on that network. as if it were a professional network. O~n-line lives are ultimately linked, whether or not employees choose to mention the County on personal on-line networks. County employees engaging in social media networks must at all times be conscious and respectful of the fact that their words and actions are representative of the County, regardless of when, where and. how the content was posted. V. Conflict of Interest In keeping with the Conflict of Interest Act, Chapter 40.1. of Title ~.I of the Code of Virginia, County e~a~~v~ees are prvhi~i~~ed,~rt~m using inf~rm,at~~an ~he~y Piave gc~~n~d while per, forming texr,jab t~ furt~ier ~~ieir,~ersana~ interests. Some County employees may be required to file a statement of their interests (i.e, investments as prescribed by County ordinances or State law. Those who are uncertain whether their interests may present a conflict with their position as a County employee should contact the Roanoke County Commonwealth's attorney. Violation of the Conflict of Interest Act could result in disciplinary action as described in Chapter ~, "Disciplinary Procedures." w. Conf ~dentlallty of Records Many County employees will work in positions where confidential information concerning the plans and affairs of the County, their department, or other employees will be handled. Employees shall not discuss such plans or records with. persons not authorized to have access to this information, If an employee is uncertain about releasing information, he or she should refer the individual requesting the information to the appropriate department director, constitutional officer, or other County official. 41 An employee who releases confidential information could receive disciplinary action as described in Chapter b, ``Disciplinary Fr©cedures." . Gifts County employees are in a position of public trust and may not accept gifts, gratuities, favors, or rewards for any services they perform in connection with County employment. In addition, it is unlawful to solicit, offer, or accept money or anything of value in exchange for an appointment, promotion or special privileges with the County. These limitations are not intended to prevent employees from accepting articles of little value that may be distributed by other County employees or citizens. Violation of this policy could result 1n disciplinary action as described in Chapter ~, "Disciplinary Procedures." ~. secondary Employment Although employees are allowed to have secondary employment outside the County, it must not interfere with work performance in the County position or create a conflict with responsibilities to the County. Any non-County employment--including self- employment--must beore-approved. The employee must complete the +~u~side ~`mp~aym~ntApprnvc~~ farm, available in the Depa~ment of Human Resources, before accepting the second fob. phis form must then be submitted to the appropriate department director, constitutional officer or other County official for approval. Once approved, the form will be forwarded to the Department of Human Resources and maintained in the employee's. personnel file. ~f the authority that. approved the outside work or the Director of Human Resources determines that the second position interferes with the employee's 'ob performance or creates a conflict of interest, the employee must end the secondary employment or resign his or her position with the County. Failure to complete the Outside Employment. Approval farm could result in disciplinary action as described in Chapter 6, "Disciplinary Procedures." Z. Political Activity Employees shall serve all County residents equally, regardless of residents' political opinions or affiliations, In no way shall the amount or quality of service an individual receives from the County be affected by the resident's political opinions or affiliation. Secondly, the appointment, retention, or promotion of a County employee shall in no way be influenced by the employee's political affiliation, preference, opinions, or activities. while on County time or County property, employees may not campaign for themselves, for other persons, parties or organizations; and they may not display campaign posters, solicit campaign funds or circulate candidacy petitions. ~~ Violation of this policy could result in disciplinary action as described in Chapter ~b, "Disciplinary Procedures." ~,A, Conduct and A pearance Employees represent the County government to the public and must conduct themselves at all times as representatives of Roanoke County, This is especially important for those rewired to be in uniform or to operate County vehicles since they are more visible to the public. In addition, as a general standard, the County expects employees to be neat, show good taste in dress, and to maintain a neat work area. Departments may have specific dress code policies. Violation of this policy could result in disciplinary action as described in Chapter 6,. "Disciplinary Procedures." BB. Personal Use of County Time and Equipment The County provides telephones for employees who need them to conduct County business. Personal calls should be limited, They should not be made or received when they will interrupt or interfere with the employee's work or interfere with the use of the telephone for County business. Fax machines, personal computers, copiers, and other County equipment should be used for County business. Unauthorized removal of County equipment or property from the premises or the unauthorized use of County equipment or property for personal reasons is prohibited. Employees will report to work as scheduled and make every effort to use time wisely for completing assigned duties.. Using County time for personal reasons is not allowed. It is considered dime ~he~ f t and will be grounds for disciplinary action. ~An example of time theft might be having another employee type personal correspondence.) Prolonged or repeated "visits" between employees while working interferes with the on-going work effort and is also considered time theft. Vlolat~on of thls policy could result in dlscrplxnary action as described ~n Chapter b, "Disciplinary Procedures." CC. Solicitation County employees are not.. permitted to sell items for personal gain to other employees or members of the general public during regular office or work hours, Other forms of solicitation shall not be permitted in any County buildings, except as provided by County building use regulations or by those individuals or organizations approved by ar sponsored by the Board of Supervisors. Violation of this policy could result in disciplinary action as described in Chapter b, "Disciplinary Procedures,,, ~~ CHAPTER 6 • DISCIPLINARY PROCEDURES A, Conduct standards Upon accepting a position with the County, employees are expected to apply themselves efficiently to their assigned duties, to be timely and regular in attendance, and to maintain satisfactory work performance. Failure to meet these standards will normally result in disciplinary action, It is not possible to list every conceivable form of misconduct, Therefore, the Conduct standards listed in this chapter are illustrative. tither forms of misconduct or nonperformance not listed here will be treated consistently within the guidelines described in this chapter. Although the County attempts to offer Corrective action whenever possible, immediate dismissal may result where employee behavior undermines public Confidence in the County's mission or from situations where the County believes corrective action is inappropriate. The Co~cny does not intend for this ha~dboc~k try niter the cat-will nature of cis r~lc~tiorxshi,~ with empl o~yees, Instead, this handbook is intended to provide employees with a general understanding of what can be expected from a violation of Certain policies andlor procedures. B , Counsel in Counseling is intended to be an informal discussion between supervisor and employee relating to work performance or behavior problems which,. if not corrected, Could lead to disciplinary action. It is not, however, a prerequisite for taking.. disciplinary action, Through the Counseling session, the employee, the immediate supervisor andlor other appropriate supervisor should determine how the employee Can improve his or her performance or correct behavior problems. C. Discipliner Action Disciplinary action will normally fall into one of four Categories: reprimands, suspensions, demotions, or dismissals, The employee's supervisor issues disciplinary action based on the Conduct violation. or unsatisfactory job performance, To explain the consequences of misconduct and to maintain uniform standards of discipline throughout the County, illustrative examples are given. for each. farm of disciplinary action.. 1. Reprimands There are two types of reprimands, verbal and written. Reprimands are normally issued for violations that include but are not limited to the following: Unsatisfactory attendance 44 • Abuse of flexible ar sick leave see Chapter 4, "Sick Leave" section * Abuse of County time, such as unauthorized time away from the work area ar the use of County time to perform personal wank. • offensive language • Conviction of a traffic violation while using a County vehicle • Failure to abide by the established safety belt policy • Failure to abide by the established s~.oking policy • Unsatisfactory jab performance • Unauthorized use of computers, software ar data, or unauthorized disclosure of access methods or passwords when data has not been modified. a. Verbal Reprimands Before receiving a verbal reprimand, the employee will be allowed to provide an explanation far misconduct ar poor jab performance. If a reprimand is still to be issued, the supervisor must then advise the employee that ~ verbal reprimand is being issue~~ and discuss with the employee the unacceptable conduct, including a recommendation far correcting the behavior. the employee will also be advised that any further misconduct could result in a written reprimand. Depending upon the seriousness, nature, and type of misconduct, other disciplinary action may be issued instead. ,Supervisors and employees are encouraged to keep an informal record of any verbal reprimand or counseling sessions that may take place since these are not formally documented in the employee's personnel file. b. Written Reprimands Misconduct that takes place within ~~ months of a verbal reprimand will normally result in the employee receiving a written reprimand. Before receiving a written reprimand, the employee will be allowed to provide an explanation for misconduct or pear job performance. If a reprimand is still to be issued, the supervisor must then. advise the employee that a written reprimand will be issued indicating the nature of the misconduct {i.e. "unsatisfactory attendance"}, A copy of the written reprimand is given to the employee, the supervisor retains a copy, and a copy is placed in the employee's personnel file. 'L~ritten reprimands remain active for ~4 months; during this time they can be considered by management as ,grounds for further disciplinary action, At the end of the active period, written reprimands became inactive, they are removed from the employee's personnel file and retaine !only far archival purposes by the Department of Duman .Resources. if a copy of the written reprimand is maintained in the employee's department, it shall be destroyed when it becomes inactive. ~5 2. suspensions suspensions are normally issued for mare serious violations, which include but are not limited to the following: • Failure to follow a supervisor's instructions or to perf~r~n assigned work. Failure to abide by safety regulations • Failure to abide by established County andlor departmental policies ~ Reporting to work or working under the influence of alcohol or illegal substances (some departments may have a separate policy, with approval by the Department of Duman Resources} • Leaving the workplace without permission during working hours ~ Unexcused absences • Unauthorized use or misuse of County property or records +~ bleeping during working hours Receipt of a second active written reprimand, Suspensions are normally issued for no more than five working days without pay, as specified by the supervisor. Before receiving a suspension, the employee will be allowed to provide an explanation for misconduct or poor job performance. ~f a suspension is still to be issued, the .~~u~ervi.5~ar mu.~~t then advise tl~e ~mplc~yee that a suspension w~~l ~~ Issued indicating the nature of the misconduct ~l.e. "failure to follow a supervisor's instructions"}. A, copy of the written suspension notice is given to the employee, the supervisor retains a copy and a copy is placed in the employee's personnel file. Suspension notices remain active for ~~ months. At the end of the active period, suspensions become inactive. Whey are removed from the employee's personnel file and retained only for archival purposes by the Department of Human Resources. ~f a copy of the suspension notice is maintained in the employee's department, it shall be destroyed when it becomes inactive. Depending upon the circumstances and severity of the offense and pending investigation period, a suspension without pay maybe issued for up to ~~ calendar days with the approval of the Directcr of Human Resources. 3. Dem©tions A demotion may be based on performance if the employee has displayed an inability to meet essential job functions. `phe employee maybe assigned to a position in a lower salary grade, provided the employee can perform the essential job functions and a position is available. Refer to Chapter ~, section E, "Demotions," for further information. 4 ~. Dismissals Dismissals normally occur far violations that include but are not limited to the following: • Deliberate disregard far a specific artier ar directive • Absence far two consecutive working days without notifying the appropriate supervisor ~ Use of alcohol while on the jab • Use, possession, ar sale of unlawfully possessed controlled substances or drug paraphernalia while an the jab • Willfully falsifying ar damaging bounty recards ar property Theft, unauthari~ed removal, or unauthorized disclosure of Jaunty recards, information ar property * gambling while at the worksite • Willfully violating safety rules where there is a threat to life ar health ~ Participating in a work slowdown, sit-dawn, ar strike • Unauthorized use ar unauthorized possession of firearms, dangerous weapons, or explosives • Threatening or harassing other employees ar a member of the public • Accepting ar offering bribes ~ criminal conviction far conduct occurring on ar off the warksite that is related to jab performance or could affect public confidence in the employee's ability to perform Jaunty business ~ The second active suspension notice ar the third. active written reprimand Any act that is physically or verbally threatening, ar any action that may carry the potential to harm or endanger the safety of others, to result in an act of aggression ar to destroy ar damage property The appropriate supervisor will notify the employee verbally ar in writing that a dismissal notice is being issued (see section I, "l~mplayee's Right to Notice" in this chapter}. A copy of the dismissal notice is given to the employee, the supervisor retains a copy, and a cagy is placed in the ernplayee's personnel file. Dismissals may also be issued when the employee does not meet performance ar conduct standards ar the conditions of employment far the position. This may include. unsatisfactory jab performance documented by two unsatisfactory annual perfor ~ ~ance evaluations in a three-year period, failure to maintain valid licenses or other necessary jab qualifications, and inability to perform essential job functions, 47 D. C-ther Suspensions An employee may be suspended without pay during an investigation of alleged misconduct led by appropriate County officials. Further, any employee who is arrested far or charged with committing a felony, a crime of moral turpitude (crimes contrary to justice, honesty or good morals, or any offense that could directly affect public confidence in the employee's ability to perform County business will normally be suspended without pay, During suspension without pay, if the employee wishes to continue insurance coverage, he or she must pay the employee's share of the premium{s}. The County will continue to pay the employer's share of the premiums}. Contact the Department of Human Resources for more information on premium payments. If the County investigation clears the employee of all alleged misconduct, the employee will be reinstated without loss of any benefits, pay, or County service time. Where warranted, the County may impose disciplinary action, including dismissal, upon completion of the investigation of alleged misconduct, ~ef~~re any ,~uspensivn discr~ssed in this section ~c~es into e~cit, the em~-layee wi~~ he natifie~ verha~ly ~~r in writing o the reasons fear the suspension see section I, "Employee's Right to Notice," in this chapter}. The employee will also be allowed to offer an explanation for why the suspension should be with pay. After consulting with the Department of Human Resources and only in exceptional circumstances, a constitutional officer, department director, or other appropriate County official may approve a suspension with pay for an employee who is the subject of an investigation, The use of this procedure shall not limit the disciplinary action that maybe taken against the employee as a result of the outcome of the investigation. E. Grievance Procedure Non-probationary full-time employees and regular part-tune employees are entitled to use the County Grievance Procedure far any matters relating to these conduct policies. Probationary employees are not entitled to use the Grievance Procedure unless they allege discrimination based on race, c©lor, religion, age, sex, political affiliation, disability, veteran status or national origin. (See Chapter 7, "Grievance Procedure," for more information.} F. Rebuttal Statement The employee may place a statement in his or her personnel file explaining situations that led to a disciplinary notice. This statement does not take the place of the informal discussion step in the Grievance Procedure see Chapter 7, "Grievance Procedure"~. 4~ C, Procedural guarantees ~rnployees who serve in the Police Department in a sworn law enforcement capacity, firefighters, and emergency medical technicians are eligible far certain procedural guarantees provided by the Code of Virginia, For the Police Department, the procedural guarantees apply to any sworn officer, other than the Chief of Pollee, who "in his official capacity, is authorized by law to make arrests and who is a non~probatianary member" of the Police Department. These procedural guarantees provide an alternative to the County grievance Procedure and can be found in Chapter 10.1 of Title 2.1 of the Code of Virginia Sections 2.1-11 G.1 through 11 ~.'~. For the Fire and Rescue Department, these procedural guarantees apply whenever an officer, a firefighter, or an emergency medical technician is subjected to an interrogation that could lead to dismissal, demotion, suspension, or transfer for punitive reasons.. These procedural guarantees can be found in Chapter 10.1:1 of Title Z,1 of the Code of Virginia,195~1, as amended, Sections 2. 1-11b.9;1 through ~.1-11G.9:S. H. Investi ate The Caun~~y may conduct investigations andlor tests, including drug and alcohol testing, as part of its investigation of unacceptable conduct, These investigations andlor tests will follow accepted administrative policies and current laws. After consulting with the Department of Human Resources and the office of the County Attorney, the appropriate department director, constitutional officer, or higher County official may recommend an investigation andlor testing, All departmental policies and guidelines on drug and alcohol testing must be reviewed by the County Attorney and Director of Human resources and are then approved by the County Administrator. These policies and procedures should include provisions regulating selection of employees for testing, custody of test samples, qualifications of testing facilities, opportunities for second tests, security and communication of test results, and the range of consequences or alternatives for positive test results. They will also designate the methods that will be used to inform all departmental employees of the provisions. Any drug or alcohol testing conducted on a random basis ar to comply with federal or State mandates, including those required for holders of a Commercial Driver's License ~CDL), shall be performed fallowing those approved policies and guidelines, I. Employee's Right to 1'~otice Before any dismissal, demotion, transfer instead of dismissal, suspension or receipts of a written reprimand, the employee shall be given verbal or written notice of the offense by the appropriate supervisor, department director, constitutional officer, or other County official, Fu~her, the employee shall have the right to offer an explanation andlor contest ~9 the decision. The supervisor should consult with the department director andJor Department of Human Resources before issuing suspensions and dismissals. J. Work lace Violence Polic Roanoke County is committed to providing a safe work environment for all employees. The County will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making any threat or engaging in any act of violence. This list of behaviors, while not inclusive, provides examples of conduct that is prohibited. • Physical attach or causing physical injury to another person; • Nuking threatening remarks; ' Aggressive or hostile behavior that creates a reasonable fear to another person or subjects another individual to emotional distress; intentionally damaging County property or the property of another employee; • Possession of a weapon in a County building or while on County business... Certlfled, sworn officers of the Roanoke County Police, Sheriff and Eire 1V~arshal Depa:~ments, Commonwealth Attorney and Assistant Commonwealth Attorneys are exempt from this section of the policy; • Committing acts motivated by, or related to, sexual harassment or domestic violence. Any instances of violence or potentially dangerous situations must be reported immediately to a supervisor or the Human Resources Department. Reports will be fully investigated. Those reports warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need to know basis. Parties involved will be counseled and the results of investigations will be discussed with them. Employees found to have violated this policy will be subject to disciplinary action up to and lncluding termnatio ~~, . ~. arassment Po ]cy Roanoke County is committed to a work environment in which all individuals are treated with dignity and respect. Each employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment based on race, color, religion, age, sex, national origin, disability, status as a veteran, or any other protected status. Therefore, Roanoke County expects that all relationships among persons in the workplace will bebusiness-like and free of bias, prejudice, discrim~natlon, and harassment. offensive or harassing behavior against any employee will not be tolerated. Supervisory ar managerial personnel are responsible for taking proper action to end such behavior in their workplace. ~~ L. Sexual Harassment The County has an obligation to maintain a dace of employment that is free of harassing, abusive, or disruptive conduct, Sexual harassment constitutes discrimination, is illegal under federal and state laws anal county policy, and will not be tolerated. The County is cflmm~tted to taking pfls~tive corrective action where the need arises. 1. Definition Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employee's job performance or create an intimidating, hflstile, or offensive working environment. This may include a range of subtle and not sfl subtle behaviors and nay involve individuals of the same flr different gender, while sexual harassment encompasses a wide range of conduct, same examples of specifically prohibited cflnduct include: + sexual jokes and innuendo • sexual commentary about an individual"s body, sexual prowess, or sexual deficiencies • display or circulation in the workplace flf sexually suggestive objects flr pictures including through e-mail) • insulting or obscene comments or gestures • verbal harassment flr abuse • ongoing, subtle pressure for sexual activity + engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome ~ rriaking sexual or romantic advances toward an employee and persisting despite the employee's rejection of the advances • requesting sexual favors accompanied by implied or overt threats concerning an individual's employment status or prorn~ise of preferential treatment for an individual's employment status • actions oractivities--even though frivolously intended--that express employment preferences motivated by sexually oriented concerns • the promotion or condoning of a hostile, sexually harassing environment Sex-based harassment, that is, harassment not involving sexual activity or language ~e.g,, male manager yells only at female employees and nflt males} m,ay also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Unwelcome sexual advances,. requests for sexual favors, and other verbal flr physical conduct of a sexual nature constitute sexual harassment when any of the fflllflwing occur: ~l. submission to Such conduct is made either directly or indirectly a term or condition of employment ~- submission to or rejection of such conduct is used as a bads for employment decisions affecting the individual • such conduct has a purpose or effect of substantially interfering with an individual' S work performance or of creating an intimidating, hostile or offensive work environment 2. Statement of Action Individuals who experience sexual harassment must notify the violator directly or indirectly that such behavior is offensive and if repeated will be reported to the appropriate supervisor. The County strongly urges the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender's identity or position, Individuals who believe they have experienced conduct that they believe is eontrary to Roanoke County's Sexual Harassment policy or who have concerns about such rnatterS should file their complaints with their immediate supervisor, the Director of Human Resources, or any member of the Human Resources Department before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of one of the other County designated representatives identified above. Violation or misapplication of this policy may result in disciplinary action, ~nclud~ng dismissal. The County's commitment to eliminating sexual harassment from the workplace should not be viewed as an opportunity for employees ~~ o intentionally make unfounded, frivolous or vindictive actions that violate the intent of this policy, The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued. In dealing with complaints of Sexual harassment, the County will follow dine process and the rights of all parties will be protected, All formal. complaints of Sexual harassment Shall be investigated fallowing the formal investigative procedures developed or approved by the Director of Human Resources. The ~exuc~~ Hc~rass~zent Inv~sti~cr~ive Procedure is on file in the Department of Human Resources. M, Retaliation or Acts of Re sisal for Filin a +~rievance Roanoke County prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of Such reports. Retaliation against an individual. for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be Subject to~ disciplinary action. S~ Non-probationary full-time employees and regular part-tine employees are eligible to file grievances, following the provisions and exclusions described in Chapter ~, Those who believe they have been retaliated against for filing a grievance may use the grievance Procedure described in Chapter 7 or may choose to fo~'~low the policy described below. 1. Definition Retaliation or acts of reprisal for filing a grievance may include but are not limited toy disciplinary action, demotion, suspension, dismissal or other adverse job action taken against an employee who files a grievance. Retaliation or acts of reprisal may also include harassment, unfavorable work conditions, work assignments that are not directly related to essential County business, and implied. or avert threats concerning an individual's employment status, ~. Statement of Action The employee must report any retaliation or reprisal to the appropriate supervisor, the County Attorney, the Director of Human Resources, or the County Administrator. The appropriate supervisor or official must immediately deal with any known act of retaliation or reprisal against an employee for filing a grievance. Violation or misapplication of this policy may result in disciplinary action, ~nclud~ng dismissal, The County's commitment to eliminate workplace retaliation or acts of reprisal for filing a grievance should nat be viewed as an opportunity for employees to intentionally make unfounded, frivolous, or vindictive claims that violate the intent of this policy. In dealing with complaints of retaliation or acts of reprisal far filing a grievance, the County will observe due process and the rights of all parties will be protected. 5 CHAPTER 7 -GRIEVANCE PROCEDURE A. Pub Generally, the majority of employeelemployer problems can be settled to the satisfaction of bath through. informal discussion between the employee and the supervisor. If not, the +~rievc~rrc°e ~rc~ce~~cre described in section I~ of ~~his chapter, may be used. This procedure provides an immediate and fair method far the resolution of disputes and complaints that arise out of the employeelemployer relationship. The purpose of this procedure is as follows: • Ta provide employees a method far having complaints considered rapidly, fairly and without fear of reprisal • Ta encourage emplayees to express themselves about work conditions that affect them as employees • Ta assure emplayees that personnel actions will fallow fair and uniform policies and procedures • Ta develop in supervisors a greater sense of responsibility in dealing with emplayees Any supervisor ar other management official who makes a reprisal against an employee for filing a grievance may be subject to strict disciplinary action, including demotion and dismissal. B . Coverage of Personnel The following personnel may use the Grievance Procedure: • non-probationary, full-time Roanoke County Department. of Social Services emplayees • non-probationary, full-time emplayees 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. The following County emplayees are not allowed to use tl~e Grievance Procedure: • Board-appointed officers • elected officers • the County Administrator • the County Attorney • chief deputies of constitutional officers • chief financial officer • assistant county administrators ~4 • department directors ~ probationary, temporary, limped term, and seasonal employees • law enforcement officers who choose to file a grievance under the statutory grievance procedure for law enforcement personnel Probationary, temporary, limited term, and seasonal employees may file a grievance if the complaint involves a charge of discrimination. Assistant county administrators and department directors may file grievances regarding disciplinary actions limited to dismissals. The County Administrator will. determine which positions are exempt from coverage under this procedure and will maintain an up-to-date list of all exempt positions. C. 1VI~na ement Rights The County has management rig~tts, 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 following management rights, so long as they are not exercised in an arbitrary andlor capricious manner: ~ To direct the work of employees as well as establish and revise wages, salaries, position classifications and general employee benefits • To hire, promote, transfer, assign, retain, or dismiss employees • To maintain the efficiency of County governmental operations ~ To relieve employees from duties in emergencies ~ To determine the methods, means, and personnel to accomplish operations I~. 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. I~owever, the County Administrator will determine grievahiiity, or whether an employee's complaint will be resolved using the grievance Procedure. If the County Adnr~nistrator determines that the complaint is not grievanle, 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, grlevability and appeal are discussed in section F of this chapter. 2. Grievable Complaints Following the Code of Virginia, the County has dlstingulshed circumstances where a complaint will generally be determined grievance and situations where it will not.. Complaints or disputes related but not limited to the following will generally be found grievable: ~5 • disciplinary actions lnvolvzng dismissal, demotion, suspension, or written reprimand dismissals resulting from discipline ar 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, ar national origin • ;any complaint alleging any action that would be prohibited by Title II of the Americans with I)lsabllit~es Act ~n employee will typically be allowed. to use the Grievance Procedure for complaints or disputes related to retaliation ar acts of reprisal associated with the following: +~ using the Grievance Procedure or participating in the grievance of another County employee • compliance with any United States law or Virginia law ~ reporting any violation of United ,Mates law or Virginia law to a governmental authority • seeping to change United States ar Virginia law before the Congress of the United States or the Virginia General Assembly ~~ Ikon Grievable Complaints Complaints or disputes related but not limited to the following will generally be decided as not grievable +~ management rights described in section C of this chapter • content of ordinances, statutes, ar established policies ar regulations ~ establishment or revision of wages, salaries, pasltlon classifications, reclassifications, ar general benefits ~- failure to be promoted except where the employee can show that established policies were not followed or applied fairly warp activity accepted by the employee as a condition of employment ar 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 farce, or job abolition, except where the action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance 5~ For grievances brought under this last exception, the County' ~ action will be upheld once it shows that a valid business reason existed for the action and that the employee was notified of the reason in writing before the effective date of the action. E. Em~aloyee Rights and_Representation The grievant shall be permitted to be accompanied by or represented by an individual of his or her own choice at the Step III meeting and the Step IV panel hearing. The grievant is responsible for any expenses related to representation. B y mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure, unless law designates thane time periods. p". Determ~n ag nd ,~~~ea. link revability whether or not a matter is grievable may be raised at any time during the Grievance Procedure until the ~'t~p IV panel n~arin~ ~~in~~. Gnce raised, the issue must be resolved before any further proceedings on the grievance: Tie i~s.sue of gri~~a~aility s~iall ~~ r~solve~ l~~fore tl~e panel li~earin~; convenes; ot~rwise it shall be eon.sid~red waiv~~l. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The ~cterrnination ~,~~ Grieval~ilit~ ~ form Form A} must be used to make the request and the decision shall be made within I ~ calendar days of its receipt. The County ,Administrator will notify the grievant of the decision through the Determination of Grievab~l~ty farm. The grievant may appeal the decision by signing the "l~otice of Appeal" on the form anal returning it to the County Administrator within 1(~ calendar days of the Administrator's decision. A copy of the form asking for appeal must be given to the Department of Duman Resources. ~'he grievant must al,~o~ilc a motion with the Roonoke County circuit ~'ourt Cler1~. The County Administrator will then have 1~ calendar days to transmit the following materials to the Clerk of the Court. a copy of the County Administrator's decision, a copy of the notice of appeal and any exhibits.. 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 o f c~rtiorc~r, which would require the County Administrator to transmit the records to the Clerk on or before a specified date. The Court may affirm the County Administrator's decision or may reverse or modify the decision. The decision of the Court is final and is not appealable. 5? ~J . H. .~o~lcy Both. the grievant and the County must obey, or 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 vialatian to the other. ~ copy of the notification must also be sent to the County Administrator. The violator must correct the vlolat~on within five working days of receiving the written notice. otherwise, a decision will be made in favor of the other party. The County Administrator ar the Administrator's designee shall make the final determination on all compliance issues. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 3o days of the compliance determination. Prnr~Pr~>>rP Grievances beyond the informal discussion step shall be documented in writing on forms supplied by the Department of Human resources. During Steps I, II and III, bath the grievant and the County may call upon appropriate witnesses.. At least 24 hours in advance, the grievant and the appropriate County representative shall make a reasonable effort to ratify one another of all witnesses expected to appear at their meeting, dither party has the right to have any witness excluded during the meeting when that witness is not actually testifying. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner: I. Informal Discussion with the Immediate Supervisor An employee 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 employee has 3o calendar days from the time t~~ e event occurred that created the complaint to initiate the informal discussion with the immediate supervisor. The immediate supervisor shall give the employee a verbal response within I~Q 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, ~.. Step I--l~Ieetng with the Step I Gfficial If the informal discussion does not resolve the employee's complaint, the employee may file a written grievance with his or her department director on the Grievance form (form B~. The form must be filed within Io calendar days following the end of the informal discussion. procedure and it must specify the 58 employee's expected resolution to the complaint. A Step I offacaal shall submat 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, Chief of Fire and Rescue, and the Sheriff may designate an writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. The Step I official shall call a meeting to gather information about the grievance within lU calendar days of receiving the Grievance form. The grievant and Step I official are the only persons who maybe 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 to 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--I~Ieeting with the Top Level Gfficial 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 to calendar days to the appropriate assistant county administrator 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 Police, Fire and Rescue, and Sheriff ~ Department employees, 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 top level official shall call a meeting to gather information about the grievance within to calendar days of receiving the Grievance form. The grievant and the top level 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 top level official shall give a written response to the grievant within l o calendar days following the Step II meeting, and a copy of the response shall be given to the Director of Human Resources. 4. Ste III--Meetin with the Count 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 forma to the County ..Administrator within Ifl calendar days of the Step II reply. 5~ The bounty Administrator shall call a meeting to gather information about the grievance within l o calendar days of receiving the grievance form. At the agreement of both parties, the bounty Administrator may designate an assistant county administrator to address the grievance, if an assistant aunty administrator has not already served as the Step II top level official. At the Step III meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, the bounty may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance, The bounty Administrator shall give a written reply to the grievant within 1 calendar days following the Step III meeting, and a copy of the reply shall be given to the Director of Human Resources. 5. Step ~V--Panel Hearing If the ,Step III written response does not resolve the grievanee, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the bounty Administrator ~on the ~ane~ e~ri~,~ ~ farm Form C} within 1~ calendar days from receiving the Step III decision. The bounty Administrator shall immediately submit a copy of the panel-hearing request to the Director of Human Resources. The +County Administrator or the Adm~nlstrator'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 grievanee panel hearing.. To insure 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 cawed the grievance * an attorney who is directly involved with the grievance, or a partner, associate, employee, or co-employee of such an attorney ~ a spouse, parent, child, descendants. of a child, Sibling, niece, nephew, or first Cousin of any participant to the grievance ~ a parent, child, descendants of a child, Sibling, niece, nephew, or first cousin of the spouse of any participant in the grievanee An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within I o Calendar days from receiving the case or as soon as a panel can. reasonably be assembled. f4 I. Rules and Guidelines for Conductin .Panel Hearin 1. Rules The following rules govern each panel conducting. Step ~V 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 rosy 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. Tl1e County shall give the grievant and his or her attorney access to view andlor copy all relevant files that will be used in the Step IV hearing. They shall be given access to these files at leant I (I days prior to the hearing. d. Bath parties sha11 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 artier of presentation of evidence. The panel may receive as evidence exhibits offered by the grievant or the County, and these shall be marred and made part. of the record, e. The hearing is not intended to be conducted li1~e a court proceeding and the formal court rules of evidence do not necessarily 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 ~ 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 well be subject to existing County policies, procedures, ordinances, and any applicable laws. h. No later than to calendar days after the Step ~V hearing is co ~~plete, the chairperson shall file the panel's decision using the ~'an~~ Her~rin~ farm with the County Administrator. The County Administrator shall promptly send ~l copies of the decision to the grievant, the tap level official, and the director of Human Resources. 2. guidelines The following guidelines may be used by the panel to conduct the hearing: a. At the beginning. of the hearing, the panel may ask for statements from the grievant and the County ar their representatives that clarify the issues related to the grievance. b. The County or its representative shall then present claims, praofs, and witnesses who shall submit to questions or other examinations. This process will then be repeated by the grievant. At its discretion, the panel may vary this procedure but must give bath parties full and equal opportunity to present any material, relevant praofs, or witnesses. c. Both parties may offer evidence and may be required by the panel to provide additional evidence necessary to understand the dispute and make a determinatlan. d. The chairperson shall determine if both parties have completed their presentations by asking the grievant and the County if any further proofs or witnesses are to be heard. When bath parties state that they have no further praofs or witnesses, the chairperson shall declare the panel hearing closed. e. Before the panel's decision is filed with the County Administrator, the hearing may be reopened by ~, panel motion or an application from either party. The application must give good reasons why the hearing should be reopened. f. Any or all of the time periods established in the hearing procedure maybe extended by the panel chairperson or by the mutual agreement of the grievant and the County. 3. implementation and,~t~er Matters a. Vince 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. ~f either the grievant ar 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 l~ 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. b2 e. The question of whether a panel decision is consistent with County policies shall lie determined by the +~ounty Administrator or the Administrator' designee. The decision shah be made by the Roanol~e County Corr~monwealth's Attorney i~ the County Administrator or the designee is directly involved with the grievance. d. The grievant must assurr~e any casts for legal representation or for preparing his or her case.. b3 ROANOKE COUNTY EMPLOYEE HANDBOOK ACKNOWLEDGEMENT ~ hereby acknowledge recent of a copy o the Roanoke County Employee handbook. The information in this manual is subject to change ~~ situations warrant, and I understand any change in these policies may supersede, modify, or eliminate the policies in this manual. Changes in policy will be communicated to me by my supervisor or through o~~icial notices. Revised and approved June ZOIO. Print Your Name Your Signature Date ~4 ACTION NCB. ~~ ITEM NG. ~- AT A REGULAR MEETING aF THE BGARI~ CAF SUPER111SaRS CAF RUANC~I~E CGUNT`~, ~'IRGIN~IA HELa AT THE RGANGKE CGUNTY AaM1NISTRATIaN CENTER MEETING DATE: AGENDA ITEM: S~lBMI'TTED ~Y: July 13, 2g~ g Reappointment of Special Assistant for Legislative Relations, authorization to continue ara agreement and an appropriation of funds in the amount of $~~,QVD Paul llll. Mahoney County Attorney COUNTY AD~MINISTRAT~R~S Ct~MENTS: SUMMAI~Y~F INF~RMATIN: This action reappoints Eldon James & Associates, Inc. as Roanoke County's Special Assistant for Legislative Relations. It also continues the agreement u~ith M~r. James ~previvusly approved. Finally, it appropriates funds for this agreement from the Board Contingency. FISCAL IMPACTS The County will pay Eldon James & Associates, Inc. for the services of the Special Assistant $22,560 annually (240 hours at the rate of $94 per hour). Additional hours will be paid at a rate of $94 per hour and shall not exceed a total of 256 hours annually or a total payment of $24,000 annually. STAFF RECC~MMENaATIC~N; It is recommended that the Board (i) reappoint Eldon James & Associates, Inc. as Special Assistant for Legislative Relations and (ii) appropriate $24,000 from the fiscal year 2010- 2011 Board Contingency for these purposes. ACTIN NL. ITEM NU. AT A REGULAR IVI~EETING G~F THE BEARD GF SUPERVI,~GRS QF RC~ANC~~E CGUNTY, VIRGINIA HELC~ AT THE RC-AN+~KE COUNTY ADMINIBTRATIGN CENTER MEETING DATE. July 1 ~, ~g1 g AGENDA, ITEM: Request far authorization to allow employees to participate in the Virginia Voluntary Long-Term Care Program SUBMITTED BY. Rebecca evens Uirectar of Finance APPR~3VED BY: B. Clayton Goodman III CauntyAdministratar D~UNT~(ADMINIST~AT~R'S GflMMENTS: SU''MMAI~~ ~F INFt~~MATlC~'N The Commonwealth afi Virginia has established a Virginia Voluntary Group Long-Term Care Insurance Program in which employees of local governments, local officers and teachers,. as defiined in Section 51.1-51.3 ofi the Cade ofi Virginia, as amended, may participate. Roanoke County has the opportunity to participate in this Voluntary Long - Term Care Insurance Pragram that is being offered through the Virginia Retirement System ~VRS~ and administered by the insurance carrier Genworth. Laval governments wishing to make this program available to their employees must adapt the attached Employer Adoption Agreement no later than July 1 ~, Zg1 g, to participate in the fiall ~D1 Q open enrollment period. Ifiwe enroll by July 1 ~6, our employees will be eligible to enroll themselves without worry of being denied due to current health issues. If we enroll in a future year, they are subject to medical underwriting. and may be denied coverage. Neither VRS nor Genworth will say at this time that another "span enrollment„ will be available next year. There is no cost to the County, The program would be strictly voluntary and employees who enroll will pay 100 percent ofi the premiums directly to Genworth. The cast to the individual employees will vary based on age and the plan chaise. Employees can also choose to enroll spouses, parents and grandparents between cerkain ages and qualification requirements. Page 1 of 2 Long.-term care insurance ~LTCI}can help make sure you have the financial resources to cover costs associated with long-term illness or a chronic condition where you may require extended care at home, in an assisted living facility or nursing home. LT~I gill h~el~p you maintain your financial freedom and give you the flexibility to participate in making choices that impactyourcare, the services you receive, where you receive them and who provides the care you need!. Features of the Voluntary Long-Term dare Program area • Employees who are eligible for the new open enrollment period will not have to provide evidence of insurability • New employees do not ha~eto provide proof of good health if they enrollwithin ~g days of employment • Group rates are more affordable and will vary based on age and the plan choice • Employees can pay the.. premiums directly to Genworth on a quarterly, semi-annual or annual basis. • +Coverage is fully portable when employment ends • Program available to spouses and eligible family members Employees can choose from one of three benefit increase options that will allow them to increase their coverage over time to help prated against the rising cost of care. The School Board is considering the same plan adoption at their next meeting on July 8, X01 g. FISCAL IMPACT No County funds are required. The program is employee paid and administered by Virginia Retirement Systems and Genorth. STA1=1= I~ECOMI'~ENC~ATIO~J: Staff recommends approval to allow Roanoke County employees to participate in the Virginia Voluntary Group Long-Term Care Program and authorize the County Administrator to sign the Employer Adoption Agreement as attached. Page ~ of 2 COMMONWEALTH OF VIRGINIA VOLUNTARY GROUP LONG TERM CARE INSURANCE PROGRAM EMPLOYER ADOPTION AGREEMENT TINS ACREENIENT executed this day of , 20 , between the Virginia P.etirement ysterrl ~"VR"j. hereinafter referred to as the "Employer", and ~~.e~cita~s A. The Commonwealth of Virginia has established, and VR has assumed responsibility fc~r, the Commonwealth of Virginia Voluntary Croup Lang Term Care Insurance Program {the "Plan"~ in which employees of local governments, local ef'fcers and teachers, as defined in. Section 51.1-513...3 of the Code of Virginia X1950}, as amended the "Code"}, may participate, and B. Pursuant to the same section QI'the Code, the Employer desires to enter into an Agreement with V.~S to permit participation in the Plan by its employees, and C. The ef~icial entering into this Agreement is duly authorized on behalf of the Employers Governing Bally. A~ree~ment NC~w, THEREI~'{~RE, in consideration of the benefits arising from cooperation between the Employer and VRS to provide long term care insurance coverage to the employees of the Employer, the parties de agree as fellows: l . VRS represents and warrants to the Employer that it will comply with all applicable laws affecting the Plan. 2. VAS represents to the Employer that it shall provide sufficient services to administer the Plan and to appropriately respond to inquires by employees and participants. 3. The Employer acknowledges and agrees to the terms and conditions established in the Plan. ~. The Employer agrees to provide the VRS selected long term care insurance carrier with a mail file of all active employees, in the format provided by the insurance carrler. 5. when requested by Vr~ or the insurance carrier, the Employer shah permit the Vr~ selected long term care insurance carrier to conduct group and individual meetings for the purpose of explaining the Tian or enrolling employees on the Employer's premises during normal working hours subject to such reasonable restrictions that the Err~ployer communicates in writing to VrS and which are accepted by VrS. 6. The Employer ~ elects ~ does not elect to offer their employees payroll deduction. If the employer elects to offer payroll deduction, the employer shall be responsible for remitting premiums under the Plan to the Vr-selected long term care insurance carrier in accordance with the established processes and procedures promulgated by VrS or the insurance carrier. ~1. This .Agreement maybe amended from time to time by written agreement between ~'r~ and the Employer, 8, The term of this Agreement shall be for three years beginning on the date of its execution, and thereafter may be terminated by either party upon 6o days written notice to the other party. IN w1TNE~S wl~ErE~F~ the parties have caused the Agreement to be duly executed intending to be bound thereby, Em~loycr Virginia I~e~irement system ~,~,. Title: By: Title: rETL1rI~I T(~: V'irginia retirement system 1?'. ~. Box 2~0~ richmond Virginia 2321 ~ Attention: Long Term Care C~UV-ELEC-LTC ACTION NO. ITEM NO. ~ " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATI+DN CENTER MEETING DATE: July 13, 200 AGENDA ITEM: Request to appropriate $2~ 1, ~ ~~ from the Police Asset Fa~~rfeiture Account for additional improvements at the Raanake County Law Enfwrcement Firing Range SUBMITTED BY: J. Ray Lavinder Chief of Police Daniel R. O'Donnell Assistant County Administrator APPI~GVED BY: B. Cla n o m ~ yto God an III County Administrator CGUNTY ADMINISTI'~AT4R'S COMMENTS: SUMMARY GF INF4RMAT1!ON: History of Pro~~ect In mid-2009, Roanoke County temporarily closed the firing range for rrmuch needed remediation and renovation. After approximately nine years of use, the earthen berms were severely eroded causing potentially unsafe conditions. The following timeline shows the events that have occurred in order to rebuild the range and to reopen it to Roanoke County's public safety agencies. November 1l, 2009 -The Board of Supervisors appropriated $100,090 from the Police Asset Forfeiture Account fvr environmental remediation. This was to clean the lead from. the berms and surrounding sail and treat the remaining sail to stabilise it far potential reuse. This portion of the project was completed in February 2010. January 26, 2010 -Board work session to discuss further appropriations far the Firing Range and Police Academy - At this work session the Police Department requested an appropriation of $323,929 for the rebuilding of the range through a private contract. The scope of the project was to rebuild the range as it originally was, with no functional Page 1 of 3 improvements except to add a protective wall at the Laurel Mountain C~riving Range training building to protect it from ricochets and to add an earthen pad far a future`shoot house" location. The Board did' not approve the appropriation at the time, but encouraged staff to cantinas to pursue the project and bring it back far funding in the near future. April ~, ~g~ ~ -- After mare research and negotiation with the private design firm, staff reported that the Police Qepartment and the Community Development department, through the use of the drainage crew and other County staff, could accomplish the same improvements discussed in January for far less money by doing the project themselves. The Board of Supervisors appropriated $124,gC~g far the project.. Curr~e~~t Status ~f the Project- 5~cc~pe Charter As of July 1, ~g1g, much work has been accomplished, but site work challenges and opportunities for significant operational improvements are forcing staff to look at revising the scope. excavation costs are higher than originally anticipated as the protective berms need to be larger than originally planned in order to provide maximum protection outside of the firing areas. During excavation it was also necessary to remove the target system and the ranges themselves were lowered ~ to 3 feet in order to obtain soil to rebuild the berms.. The target systems will have to be repositioned due to the lower elevation of the range floors. Also the paved roadway will need to be rebuilt due to significant damag~~e caused by the heavy equipment during the excavation. These costs were not in the original scope. In addition to these challenges, staff has taken the opportunity to design significant improvements to the project that will result in long term operational savings and major environmental improvements and we strongly recommend their inclusion in the project. First, Community Development and Police staff have designed their own bullet trap system which would collect fired rounds and prevent them from going into the berms and soil. This will allow the Coanty to avoid the cost of future 'lead removal projects and will prevent deterioration of the berms, lengthening the operational life of the range. This is also a significant environmental improvement as lead will be prevented from going directly into the soil, decreasing the possibility of lead contamination. In the origina'I scope, bullet traps procured from private vendors were eliminated from consideration due their excessive cost, The preliminary design study prepared by a consultant for the project estimated that a steel bullet trap system for two of the three ranges would cost 42,C~gg. The estimate far building our own traps for two of the three ranges is just $73~,3C~~. Second, The Police Department would like to add an irrigation system for the range floors. This would prevent erasion and deterioration of the range floors and will save significant maintenance casts by protecting the grades of the ranges and will decrease the need fdr reseeding in the future.. Third, in addition to the needed repaving of the roadway leading. ap to the range, the Police Department would like to pave the current gravel parking area to preventerosion and ruts that have formed in the past. Page 2 of staff would also like to eliminate two parts of the original scope. As the berms are substantially higher than originally anticipated, it is na longer necessary to install the protective wall at the edge of the driving range building. Also the original grading plans called far an earthen pad to be graded far a future "Shoot House" location. This has been eliminated as na suitable area has been found on the site far this purpose. This revised work can still be accomplished by the November 2810 date originally set far thisproject and will provide a greatly enhanced facility. Fiscal l~mpa~ct Attached to this'Baard Depart is a spread sheet shaving a line item budget Earths entire project, including work already accomplished. As you will see, the projected fatal far the revised scope is $43,141, just slightly mare than discussed in the work session in January ~~323,838 plus 1aa,Da~a far lead removal. $22(~,oQ(~ has already been appropriated, leaving an amount of ~ 1 x,141 far the current appropriation request. This is an increase of just $13,202 above the original project design that did not include paving, bullet traps or irrigation. The source of the funds is the Police Asset Forfeiture Account, specifically from the ITT Industries settlement.. The current balance of the ITT settlement funds is X2,718,282. These funds have been approved by theFederal ~Gavernment far use to rebuild the firing range and for an alternative location forthe Roanoke County Criminal Justice Academy. They can only be used far lawenforcement projects thatdo natsupplantexistngfunding by Federal rule. There will be $2,483,151 remaining in ITT settlement funds if this appropriation request is approved by the Board of Supervisors. Staff Recc~mmendatiQn Staff recommends an appropriation of $217,141 from the Police Asset Forfeiture Account for the revised scope of work for the Roanoke County Law Enforcement Firing Range project. Page 3 of 3 ~ (~ ~ r r 0~? 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F- AT A REGI~LAR MEETING GF THE B~JARD CAF UPERViISGRS CAF RC]~rNGI~E CUUNTY, VIRGINI,~ HELD AT THE RC~~N~J~GE CGUNTY ADMINISTRATION CENTER MEETII~I~ DATE: A~GEN[~A ITEM: SIJ~MITTEa ~Y: APPRC~~`EQ ~Y: ,July ~ 3, Za1 ~ Ordinance authorizing the vacation of unimproved rights-af- wayshown as Rockingham Boulevard identified on the map of Rockingham Court in Plat Boak 2, page ~~, Vinton Magisterial District Philip Thompson Deputy Director of Planning B. Clayton Goodman III County Administrator C~~JNTY ADMII~JISTRAT~R'~ COMMENTS: S~JMMAR~' C}1= INF~RMATIC~N~ Charlie M. Donahue and Eva UU. Doss, bath residents of Roanoke County have requested the vacation of right-af-way Shawn as Rockingham Boulevard {Route l~1 ~ an the map of Raakingham Court that was dedicated by the plat of record in Plat Book 2, page $4 to the Board of Supervisors of Roenake Caunty May 8, 1 g31 ~. The right-of-way is located between Yellow Mountain Road Route ~~8}and Lewis Raad ~Raute 77~~ adjacent to the two parcels owned by the petitioners see attached maps. The portion of Rockingham Baulevard that is proposed to be vacated is a "paper street" and it has not been improved. The petitioners desire to use their portion of the afarernentianed right-of-away far improvements to their property.. Once this right-of-way is vacated, the property will be divided between and combined' with Tract E, Tax Map 8'g.g~-04-~ ~ and Lat. 2, Tex Map ~9.g~-Q4-~4.~Da, as provided in Section 1~.2-2~~4 of the Code of Virginia ~~g5g, as amended. The reason. the property owners on the Werth side of Rockingham Boulevard are receiving th~~e right-af-way is because under Section 1 ~.~-~2~~ it s~tetes "If any street, alley ar easement for publlic passage is located on the periphery of the plat, the title far the entire width thereof shall vest in the abutting lot owners." There are no ad~oining~ landowners orother persons thatwill be affected 'by this action. Page ~ of bounty departments and local utility companies ware contacted concerning the vacation. Utility companies contacted had no objection to the paper street being vacated. FI~~~L IMPACT: The cast and expenses associated with this action, including but net limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. ALTERNATIVES: 1, Approve the first reading of an ordinance authorizing the vacation of unimproved right- of-way far I~acl~ingham Poulevard. ~. Ta'ke no action at this time. STAFF RECC~MMEN~ATI~N: Staff recommends Alternative 1. Page 2 of THIS PLAT DOES NDT REPRESENT A FIELD SURVEY AND ONLY ;~A Y RE USED Tt~R THE PURPOSE DP DIVIDING PROPERTY ASTER A PAPER STREET !S VACATED RY R~?ANUKE CUUNTY PDR TAX PURPOSES. A RECORDED SUGDIVISION PLAT RYAS USED TD DETERMINE EXISTING ACREAGE AND ACREAGE TO BE ADDED TO THE PRDPUSED PETITfONERS PRI~PERTY. ~. ~, . • • "` .,, ,6 ,. ~ ~ ., ~~'• ~ ', '.; C~ ~ ~, ~ . ''. ', . ~ ~ ~ ~ ~ ~ ~ ~ A'EI' C~ l ~ ~' ~ ~ ~ ~ ~~ ~? ~ ~ ~ ~ ~ ~ a c~ ~' ap ~ ~ ~ ~ ~ ~ ~ a ~~ ~` ~ 1 ~ ~ ~ ~' ~ ~, ~ o ~ ~. ,7 °- h ~ ~ ~'~ ~ ~ '~ ~ ~~ t~ ~~ ~ ~ Q, TAX ~~.r~,~-a~-~~.vo ~? ~~ ~9,a3~o~•-~a,o~ ~ ~ EVA ~. ~~5~ ~ '~~ ~.~7 Ac. ~ TACT ~' ~' i° ~~ P.Ba ~ P~. ~~ a •. ~ •' ~ '. '. to ' '•• ', :: P~]RTIC}N CAF Ri3A~ TO • . ~ BE CUMBINED W~ '~ ~ ~ '.. : •. ~, TAX # 8'9,03-04-1.00 '~ '•• ~1~ ~ 9,723.15 5.F. (0.2232 AC.} ~~~ ' ~~ ~~ ~ . ~ ~ A~ . P(3RTIaN pF RaAa T~ '~~~~` ~ BE C~MBINEa WJ ~~ ~;~~ ~9,Q--04-~O,~Q T~c~ 8~~0~~0~-~~.oo ~~~ 12,344.36 S.F. X0,2834 Ac.) ~_ r Ti4X ~~~ ~~. ~~ PLAT SHOWING r PORTION OF ROCKINGHAM BLVD. - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ^/ ~ ~~! ~~~ -A ATA REGULAR MEETIIVC ~F THE BARD ~1F SUPERVIS+~RS CAF R~ANKE COUNTY, VIRGINIA, HELD AT THE RC~ANf~I~E COUNTY ADMINISTRAT1C~N CENTER ~N TUESDAY, JULY 13, ~a1+~ ORDINANCE A-UTH~RIZIN~ THE VACATION CAF AN UNI~IF'~RC7VED RIGHT-OF-U~''A1~ S~HO11~N ~~ ROCKINOHA~I BOULEVARD IN' RLAT BOOS{ 2, PA+~E ~4, OF THE ROANOI~E COUNTY CIRCUIT COURT CLERI~('S OFFICE, SAID RIGHT-t3F V'~AY LOCATED IN THE VINTON MAGISTERIAL DISTRICT 'WHEREAS, the map of Rockingham Court recorded in the Clerk's U~rice of the Circuit Court of Roanoke Coun#y, Virginia, in Plat Beak 2, page ~4, established a street designated as Rockingham Boulevard of variable width and connecting Yellow I~"lountain Road (Route 668) with Lewis Road (Route 776), located adjacent to Lot 2 (Tax # 89.03- g4-~4.gg} Plat Book ~, page 84; Tract E Tax # ~89.Q-g4-15.Ua}Plat Bock ~, page ~4; Lot 2 (Tax # 89.03-04-16.01) Plat Book 2, page 194; another Lot (Tax # 89.03-04-16.00) and a parcel of 2.94 acres (Tax # 89.03-04-17.00); and WHEREAS, the area designated and set aside for public use as Rockingham Boulevard on Plat Book 2, page 84 has never been improved or accepted into the V~iirginia State Secondary Road System; and WHEREAS, the property owners of Lot 2 (Tax # 89.03-04-14.00) and Tract E (Tax # 89.03-04-15.00) have requested the vacation of this unimproved portion of the variable width right-efi-way so as to permit these property owners to make improvements to their residential properties; and WHEREAS, the above described Rockingham Boulevard is more clearly indicated as"Porn©n of Read Te Be Combined WITax89.g~-g~4-1~.gt~"and ``Portion ofRoad Te Be Combined WITax#89.83-D4-~5.g0"on "PLAT SHOWING P~JRTION CAF RC~CKINGHA'I~ BLVD. - T~J BE VACATED BY B+~ARD GF SI~PERVISC~RS GF RGANOI~(E COUNTY, VIRGINIA", dated ~5-~-201 ~, prepared by Roanoke County department of Community Development and attached hereto as Exhibit "A'''; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Rockingham Boulevard and that its currentexistenceimposes an impedimentto the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and vU'HEREAS, the adjoining property owners and residents of'Roanoke County, as the Petitioners, have requested that, pursuant to Section 1 ~.~-2272 of the Code of Virginia X1950, as amended}, the Board of Supervisors of Roanoke County, Virginia, vacate this right-of-way, designated as "Rockingham Boulevard" on the plat of Rockingham Court, Plat Book 2, page ~4, as now shown on the attached Exhibit "A"; and WHEREAS, this vacation will not involve any cast to the County and the affected County departments have raised no objection; and V1~HEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT~JRD~AINED bythe Board of Supervisors of Roanoke County, Virginia,. as follows: 1. That pursuant to the previsions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on July 1 ~, 2.010, and a second reading and public hearing of this ordinance was held on July 27, 2010. 2. That pursuant to the provisions of Section 10a01 of the Roanoke County Charter, the subject. rea! estate Rockingham Boulevard, a variable width street and Page 2 of approximately 650 feet in length) is hereby declared to be surplus and 'the nature of the interests in real estate renders it unavailable far ether public use. That this street, f~ackingham Baulevard~, being designated and shown as "Partian of Rand Ta Be Can~bned VIIITax # 89.a3-a4-14.aa"and "Partian of ~aad to Be Combined ITax # 89.a3-a4-15.aD" an Exhibit "~" attached berate, said street being located adjacent to Let 2 APB 2, page ~4} and Tract E APB 2, page 54}, in the Vinton Magisterial District of the County of Raanake, ba, and hereby is, vacated ,pursuant to Section 152-2272 of the Cade of Virginia, ~ g5a, as amended. 4. That all casts and expenses associated herewith, including but net limited to publication, survey and racardatian casts, shall be the responsibility oftha Betitionars. ~. That the County Administrator, or any Assistant County Administrator, is hereby authari~ed to execute such dacumants and tape such actions as may be necessary to accarnplish the provisions afthisardinance, all afwhich shall be anform approved by the County Attarnay. ~. That this ordinance shall be effective an and from the date of its adoption, and a certified copy of this ardinence shall be recorded in the Clerk's C~ffice of the Circuit Court of ~aanake County, Virginia, in accordance with Section 15.2-2,2.72 of the Cade of Virginia (1950, as amended). Page3of ACTIGN NU. ~ ~ ITEM NU. AT A REGULAR MEETING ~OF THE BC~ARD G~ BUPERVIBGR GF RGANGKE CGUNTY, VIRGINIA FIELD ATTI-IE RGANGKE +DG~INTYA~DMINI~T~ATIGN ~ENTEI~. ~MEETIN~ DATE: July 1 , ~(~10 AENQA ITEM: Appointrraents to committees, commissions and boards SUBMITTED BY: Becky R. Meador Clerk to the Beard APPROVED ~Y: B. Clayton Goodman III bounty Administrator C~UIVTYADMINISTRATC~R'S C~MMEI'VTS. SUMMARY ~F INi~t~RMATI~N: Ca,~ital Improvement Program ~CIP}'R+~v~iew ~on~mittee ~a~p-oi~fie~ by District} The following one-year terms expire on August 1, 2x10. ~ Mike Jeffrey representing the Cave Spring Magisterial District knot eligible for reappointment as maximum number of terms served} ~ Brian H'o~oker representing the Catawba Magisterial District (not eligible far reappointment as maximum number ofterms served Becky Walter representing the Hollins Magisterial District Wes Thompson representing the Windsor Hills Magisterial District Jason Peters representing the Vinton Magisterial District Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) (appointed by District) Ruth Deibler, who represented the Vinton Magisterial District, has moved from the area and is no Longer serving on RC-CLEAR H ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY13, 2010 RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H-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 July 13, 2010, designated as Item H -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of Minutes -May 11, 2010 and May 25, 2010 2. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals); Community Policy and Management Team (CPMT); and Social Services Advisory Board 3. Request to accept and appropriate funds in the amount of $48,746 to the Sheriff's Office from Federal Grant 11-C5846CR09, approved under the Criminal Justice Systems Improvement Program from the Department of Criminal Justice Services 4. Resolution of support for Craig County filing for a United States Department of Transportation TIGER I I discretionary grant for redevelopment and expansion of Route 311 visitor facilities in Craig and Roanoke Counties, Virginia ACTION NO. ITEM NO. ~ 2- AT A REGULAR MEETI~IVG CAF THE BEARD GF SUPERVISGRS C-F RC~AI~JG~CE COUNTY, VIRGIf`~IA HI~LD AT THE RGAf~lGI~E COUNTY ADMINISTRATIC~'N CENTER MEETING !BATE: At~ENDA ITEM: SUBMITTED BY: APPRC~IIED BAY: July ~ ~, Zoe ~ Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals); Community Policy and Management Team (CPMT); and Social Services Advisory Board Becky R. Meador Clerk to the Board 1 B. Clayton Goodman III ~~1 County Administrator ~+~UNTY AI~MINISTI~AT~R'S CQMMENTS: SI~MMAI~I(+~F INFC~RMATI~N: Building Code Beard of Adjus~rnern~s ;and Appeals Fire Code Board of Appea~ls~ After the closed meeting on June ~2, X01 ~, the Board asked the Clerk to contact Larry 11v. f~egen, A!A CSl to see if he would be wilting to serve an additional term. l'~r. Degen was contacted and was pleased to continue to serve. His new four-year term will expire July ~~, ~0~4. Confirmation of the appointment was placed on the Consent Agenda. Community Policy and Management Team (CPMT) Chief J. Ray Lavinder has requested Lieutenant Matt Viar be appointed as his designee .representing the Roanoke County Police Department. Confirmation of the appointment has !been placed on the Consent Agenda. Social Services Advisory Board During the closed meeting on June Z, 200, it was the consensus of the Board to reappoint Joseph f~. d`f~utch" Church to an additional four-year term. His new term will expire July ~1, 2014. Confirmation of the appointmentwas placed on the ConsentAgenda. ACTI~!N NG. ITEM NO. ~ ~~ AT A REGULAR MEETING CJF TIDE BC~ARQ ~F SU~'ERIIISGRS C-F RC~ANC~KE CGUN~TY, `VIRGINIA FIELD AT TIE RGANC~KE C~4U'NTY ADMINIST'~RATCGN CENTER MEETING ~A~'E~ A~E'NaA ~I~'EM SUBMITTED BY AP'PR~VEQ BY: July 13, 2010 Rec~~u~est to accept and apprapri!ate funds in the amount of X48,1+5 to the Sheriff's Uffice fram Federal Grant 11- C5846~CR09~, approved under the Criminal Justice Systems Im~pravemen~~ iPragram from theDepartment of ~rimi~~nal Justice Services Michael G.1lvinston Sheriff B. Clayton Goodman III A;~(} County Administrator ~`~~~~~ CC~UNT~ ABMINISTRAT~4R'S C~~1~MENTS. SUMMARY~JF INFt~RMATI~N: The Sheriff's office has received approval far a grant, which provides #unds from the peparkn~ent of criminal Justice Services for a Criminal Justice Systems Improvement ~'ragram. This program gill provide funds to purchase security cameras, software, hardware and re~lated'~ items needed to place security cameras in the newest building atthe Sheriff's office as well as replace antiguat~d hardware such as computers, scanners and printers. This grant award is far a twelve n~~onth period from July 01, 2010, through June 30, 2011.. FISCAL IMPACT': This grant rec~u~~ires a match of 25 percent and funds are availablie in the Sheriff's Uffice Subfund. Thegrants in the amountaf$36,550 nFederal fundsand $12,180 ~2ipercent~ local cash match for a total of $48,74G and requires no additional funding from the Board of Supervisors. Page 1 of 2 STAFF E~~IMEN~~aATl~h~: Staff recommends accepting and appropriating the Criminal Justice Systems Improvement Grant from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $48,746 to the Sheriff's office. P~c~~ of 2 ACTIGN NG. ITEM NO. ~ - AT A REGULAR MEETING GI' THE BEARD (~F SUPERVISGR GF RC~ANfl~E aUNT1~, VIRGINIA HELa AT THE RC~ANGKE CGUNTY ADMINISTRATIGN CENTER MEETING DATE: AGENDA ITEM: SUBMITTED ~Y July 1 ~, g1 Resoluti~an of support far Craig County filing far ~ United States ~epartmentaf Transportat~ian TIGER II discretionarygrantfor redevelopment and expansion of Route X11 visitor facilities in Craig and Rea Hake Counties, Vi rg i n is B. Clayton Goodman I'll County Administrator +~+QUNTYADMINISTRATG~"S DGMMENTS: SUMMARY CAF INF~}RMATI~N; The project includes the redevelopment and expansion of visitor facilities along the Route X11 corridor in Craig and Raana~ke Counties, Virginia and Manrae Caunty, West Virginia. The facilities include three overlooks, one an Peters Mountain and two on Potts Mountain; six visitor information kiosks, located at each of the three overlooks, ane at Paint Bank, one star near NewCastleand one attheAppalachianTrail ParkingArea; a renovated tra~ilhead parking area and a pedestrian bridge across Route X11 far the Appalachian Trail. Visitor information kiasks will be designed to provide visitarswith information about Craig Caunty and the Jefferson National F©rest, including IQCaI paints of interest, trails, camp areas and other information to enaurage increased tourism traffic and to encourage the further development of the agri-taurism and eco-tourism industry in Craig Caunty. Justification fart e Project: Route X11 isthe mastscenic route connecting two significant taurism destinationsa the Roanoke Valley in Virginia and the Greenbrier Valley in West Virginia. Despite offering ane of the most direct routes between Roanoke, Virginia and ''W'hite Sulphur Springs, West Virginia, Route X11 has remained underutilized as a taurism corridor in part because of the and~itian of the taurism-related facilities. According to the Appalachian Regional Commission, Craig Caunty, Virginia is one of aught aunties in the State of Virginia that is considered "at risk" in large part because the percapta income in the Caunty is wall below the cutoff of Sg percent of national average far economically distressed areas. While the County's unemployment rata is relatively law ~9.~ percents by comparison with ether at risk counties, the Caunty has recently experienced rapidly Page 1 of increasing unemployment. A predominantly agricultural County, nearly ~0 percent of the land' in Craig County is owned by the Federal Government. Given the relative isolation of Craig County from the primary transporkatian networks, economic development opportunities are limited. Tourism developmentoffersthe County's besthape afbuilding a broader base for economicdevebpment. The improvements along the Route ~~!1 corridor will begin to provide the type of much needed infrastructure that will encourage the further development of both the eco-tourism and agri-ta~urisrn sectors. The project represents a partnership between the United States Forest Service, the National Park Service, the Virginia Department of Transpartati~on and Craig County, with additional support from Roanoke County and the State of Went Virginia Department of Transportation. Craig County will function as t'he lead agency on the project due to the provisions in the ~Jnited States Department of Transporkatian's TIGER ll Discretionary Grant program, which waives the matching fund requirements far projects whi~~ch are located inn and provide economic advantage to rural areas. FISCAL IIV~PACT: There is no fiscal ,impact supporting this program. Craig County is eligible to receive waiver of grant matching fund requirements. Craig County's proposed project is located in and provides economic advantages to rural area. STAFF REC~I~I~EN'DAT1~~111~: There are two options farthis matter: The Board of Supervisors could decline to support the project. The Board could agree to support the project by adopting the proposed resolution of sup~part. Staff recommends adopting the proposed resolution of support. Page Z of 2 AT A REGULAR MEETING OF THE BEARD OF SUPERVlSaRS QF RGANOKE CGUNTY, VIRGINIA, HELD AT THE RUANOKE COUNTY ADMINISTRATIGN CENTER ON TUESDAY, JULY ~' , 2(~1 ~ RESOLUTION OF SUF'~ORT FOR CRAIG COUNTY FILING FOR A UNITEC STATES CEPARTI~IENT OF TRANSI~O~RTATION TIGER II DISCRETIONARY GRANT FOR E~EVELOPIENT AN[~ E~CPANSION OF ROUTE 311 VISITOR FACILITIES IN CRAIG AND ROANOKE COUNTIES, VIRGINIA WHEREAS, a project has been scoped for the redevelopment and expansion of visitor facilities along Route 311 in Craig and Roanoke Counties, Virginia and Monroe County, West Virginia, and WHEREAS, Route 311 is the most scenic route connecting two significant tourism destinations; the Roanoke Valley in Virginia and the Greenbrier Valley in West Virginia; and WHEREAS, the proposed project represents a partnership between the United States Forest Service, the National Dark Service, the Virginia Department of Transportation and Craig County, with additional support. sought from Roanoke County and the West Virginia Department of Transportation; and WHEREAS, the proposed project can be funded by Craig County providing grant adr~inistration and thus eliminating the need for alocal m~atch~ due to grant eligibility definitions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Roanoke County Board of Supervisors does hereby adopt. this resolution of support for Craig County in seeking a United States Department ofTranspor~ation TIGER II Discretionary Grant. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA L-1 °~'~ of General Amount Fund Revenue Unaudited balance at June 30, 2009 $ 19,959,1 ~~ 10.09% Balance at July 1 , 2010 $ 19,959,1 ~ 10.53% ~~ Note: Can December 21i, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2009-10 a range of 9.5%a-10.5% of General Fund Revenues 2009-10 General Fund Revenues $135,150,550 9.5°;~~ of General Fund Revenues $11,141,872.. 10.5% of General Fund Revenues $19,509,433 *~ 2010-11 a range of 10.0°1a-11.0 % of General Fund Revenues 2010-11 General Fund Revenues $139,018,135 10.0 ~/~ of General Fund Revenues $18,901,810 11.0 % of General Fund 'Revenues X20,353,000 The Unappropriated 'Fund Balance of the County is currently maintained at 10.53°/© which is within the range of our goal for 2010-11. The County"s goal is to increase the balance over time to 11.Q°/~ Submitted By Rebecca E. Gwens director of Finance Approved By B. Clayton Goodman III County Administrator L-2 GC~UNTY +~F ~C~AN~E, ~'IR{~INIA ~-PITA-L RESER~IES ~inor+~y~u~ty Ca~~it~l R~~erve (Projects not in the C/P, architectural/engineering services, and other one-time expenditures.) Unaudited balance at June 30, 2010 Balance at July 13, 2010 Major Cour~~y a~it~l Res~rr-- AmOU nt ~1,~00,2~~.2a $1,400,23.20 (Projects in the CIP, debt payments to expedite projects identified in C/P, and land purchase opportunities.) Unaudited balance at June 30, 2010 Submitted By Approved By Balance at July 13, 2010 Rebecca E. ~wen~ UirectOr Of finance B. Clayton ~OOdman III C©u~nty Admin~istratOr $&33,530,00 $833,539.00 L-3 RESERVE FAR Ba~-~D t~hJTINGENCY CC~UNT'~ ~E R+~AN~E, VIRGINIA 5ubmitteb By Approved ~y Amaunt From Za1 a-2a1 ~ Originai ~u~~et $10~,fl~~.aa Balance ~~ duly ~ , Zf~1 a ~ aa,~aa.aa Rebecca E. C~~vens ~irectar of Finance B. Clay~an ~aadman i~I Caun~y Administrator ACTION NCB. ITEM NG. L-4 AT ~ REGULAR MEETING GF THE BEARD QF B~JPER~'ISC~R GF RGAN~C~KE CC7UNTY, VIRGINIA HEL~ATTHE RGANt~KE CC~UNTYAaMINISTRATIC~N CENTER I~EE~ING DATE: AGENDA ITEM: SUBMITTED BYE A~~I~ROVED BY July 13, Z_o1o Zoog Recycling Rate Report Anne Marie Green General Services Director B. Cla ton Goodman 111 ~ y C©unty Administrator ~GUN~'YADMINISTRATGR'S ~~DMMENTS: UI~IMARY G~ INFGRMATIC~N: P`erDepartmentof Environmental +~uality~UE~Q}regulations, Roanoke County is required to achieve a recycling rate of at least ~5 percent every calendar year. l n the past we 'have done sothrough a combination of activities. Internally, the Solid Waste Division providesa separate brush collection program, which allows that material to be mulched and given away free to residents. There is also a separate collection ofhte goods, Christmas trees, bagged leaves and tires, so that they may be recycled as well. In addition there are the six recycling drop off locations, which are heavily utilised. In conjunction with all of the internal activities, there is also a mayor effo~ to track and encourage commercial recycling. Roanoke County is allowed to claim any and all recycling activity that occurs within its border. There are many businesses that are endeavoring to operate in a greener manner. While there are tee many to list, same of the larger ones are RR Donnelly, ITT, lreger and Advance Ante, The contribution from this sector will only grow larder as the focus on sustainability increases.. This combined effort resulted in a recycling rate of Z8 percent. The attached reportto the DEQ shows how this is broken down by category. This is a remarkable achievement, considering that it is done without a curbside recycling program. 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IYV ACTIC?N ND. ITEM NO. ~I ~ I AT A REGULAR MEETING CAF THE BOARD ~F SUPERVISORS ~~ RCAN~JKE COUNTY, VIRGINIA HELD AT THE ROANO~CE COUNTY ADM1N15TRATIC~N CENTER MEETING GATE: AGENDA ITEM: SUBMITTED BY: July ~, ~0~~ Work Session on South Peak Community Development Authority (CDA) Paul M. Mahoney County Attorney DC~UNTYA'DMI~NISTAT~R'S +CGMMENTS: SUMMARYQF INFGRMATIC~N: The purpose of this work. session is to brief the Board of Supervisors on the petition for the creation of a community development authority at South Peak previously known as Slate Hill}, the memorandum of understanding, and the ordinance creating this CDA before these items are advertised for a public hearing and Beard action. County staff has been working with the developer of this project to refine these documents. Staff believes that those documents satisfy the raga%rements from the Board's adopted policy, and this matter is ready for Board review and decision. It is suggested that the B©ard schedule a special public hearing at ~,OD p.rr~. on August 10, X010, on the first reading of an ordinance creating the South Peak CDA. if the Beard approves this ordnance at first reading, then the second reading would be held on August 4, X010. The Code of Virginia requires that notice of the adoption of an ordinance creating a CDA be advertised once a week for three successive weeks, and the public hearing shall not be held sooner than ten days after the last publication, Notice of the public hearing would be published on July 16, July ~3, and July 30. Attached for your review are the petition, memorandum of understanding and'. the ard finance. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made as of this day of , 2010, by and between the COUNTY OF ROANOKE, VIRGINIA (the "County"), and SLATE HILL I LLC, a Virginia limited liability company, or its successor or assigns, as petitioner on behalf of itself and the other petitioners executing the Petition (hereinafter defined) and as developer (the "Petitioner"). WITNESSETH WHEREAS, the Petitioner is the owner of certain real property located in the County and more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"); and WHEREAS, the Petitioner has filed with the Board of Supervisors of the County (the "Board of Supervisors") a petition (the "Petition") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended (the "Virginia Code") and County Resolution 092308-1 adopting policy guidelines for approval of the creation of a community development authority (the "County CDA Policy"), requesting the Board of Supervisors to create the South Peak Community Development Authority (the "CDA") to assist in the development of certain infrastructure improvements as described in the Petition and on Exhibit B hereto (the "Improvements") in conjunction with the development of the Property as a mixed-use project consisting of commercial, retail and residential components (the "Project"); and WHEREAS, in connection with the Board of Supervisors' consideration of the Petition and its proposed adoption of the ordinance attached hereto as Exhibit D (the "Ordinance") creating the CDA and designating the CDA District (as described in the Ordinance), the parties wish to set forth several understandings in this Memorandum with respect to the CDA and its plan of finance in this Memorandum: NOW, THEREFORE, in consideration of the foregoing, the parties set forth the following agreements and understandings: 1. Issuance of Bonds. The parties propose that the CDA will issue bonds (the "Bonds") pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125, under an Indenture of Trust (the "Indenture") between the CDA and a trustee (the "Trustee") in one or more series in an aggregate principal amount sufficient to pay the costs of Improvements equal to $11,058,305 plus amounts sufficient to pay capitalized interest for a period ending on the earlier of approximately one year following completion of construction of the Improvements or three years following the issuance of the Bonds (the "Capitalized Interest Period"), the costs of funding required reserves, the costs of issuing the Bonds (including, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees) and any additional administrative costs to be incurred by the County in connection with the administration and operation of the CDA, subject in all respects to an aggregate maximum principal amount of $16,000,000. The Bonds shall have a term of no longer than twenty (20) years from the year in which the Bonds are issued, inclusive of the capitalized interest period, and may be issued either on atax-exempt basis, a taxable basis or a combination thereof. In the event the Bonds are not issued within three (3) years from the date the Ordinance is adopted, the CDA will be deemed to be dissolved without further action by the Board of Supervisors. The CDA will not issue any Bonds without first receiving the Board of Supervisors' consent to do so. 2. Development of Improvements; Undertaking of the Pro_i ect. (a) The Improvements to be financed in whole or in part with the proceeds of the Bonds provided by the Petitioner, consist of various infrastructure more particularly described in the Petition and in Exhibit B hereto. Amounts not needed for any portion of the Improvements shown on Exhibit B may be reallocated first to other Improvements shown on Exhibit B and then to such associated improvements as may be approved by the CDA and the County. The CDA, or the Petitioner (or its designee), on behalf of the CDA, will enter into contracts for the acquisition, design, construction, project management and development of the Improvements. No such contract will obligate the CDA to make any payments other than from proceeds of the Bonds to be disbursed in accordance with requisitions that have been approved in accordance with the provisions of a development agreement (the "Development Agreement") among the CDA, the County and the Petitioner or from other moneys provided to the CDA for such purpose. If the proceeds of the Bonds are insufficient to pay the costs of completing the Improvements, the Petitioner will pay the costs to complete the Improvements. (b) The Petitioner agrees to use commercially reasonable efforts to undertake the Project, subject to market conditions as they may from time to time exist. The Petitioner's undertaking of the Project will be in phases and the Petitioner anticipates that the Project will include the following: (i) a 90-unit Hilton Garden Inn or hotel of comparable quality and size (Phase I); (ii) approximately 38,000 square feet of Class A office space (Phase I); (iii) a residential condominium project consisting of approximately 120 units (Phase I and II); (iv) approximately 23,000 square feet of restaurant space that consists of restaurants of comparable quality to Cheesecake Factory, P. F. Chang's, Legal Seafood or other similar restaurants reasonably acceptable to the County (Phase I and II); and (v) approximately 100,000 square feet of retail space (Phase II). (c) The Petitioner agrees that the retail space and restaurant space described in paragraph 2(b)(iv) and (v) above shall consist of businesses that (A) are not currently operating in Roanoke County unless any such business either (I) is locating an additional restaurant or retail operation to that already operating in Roanoke County or (II) the business is relocating and increasing its gross floor area by 10% or (B) are approved by the Board of Supervisors. (d) In undertaking the Project pursuant to paragraph 2(b) above, the Petitioner agrees that it will use its best efforts to complete the Project in accordance with the schedule shown on E~ibit C hereto, subject to market conditions as they may from time to time exist. 2 3. Submission of Information. Before the issuance of the Bonds, the Petitioner or the CDA, as appropriate, will submit to the County Administrator an offering memorandum or other disclosure document to be used in connection with the sale of the Bonds and such other information with respect to the CDA's finances and the issuance of the Bonds as the County Administrator may reasonably request. Such documents will be furnished to the County solely for informational purposes and receipt of any such document does not constitute approval of any such document by the County or any person not submitting such documents. 4. Revenue Sources for Payment of the Bonds. Debt service on the Bonds and other expenses of the CDA payable in any calendar year shall be paid first from Incremental Tax Revenues available for such purpose; if such revenues are insufficient for such purpose, then second, from available revenues in the Surplus Fund; and then third, from revenues derived from Special Assessments (as hereinafter defined). For purposes of this section 4 and subject to the condition set forth in subparagraph 4(a)(ii)(C) below, the phrase "available for such purpose" shall mean such Incremental Tax Revenues collected by the County and without regard to whether the Board of Supervisors has appropriated any such Incremental Tax Revenues to the CDA. (a) Incremental Tax Revenues. (i) The County hereby agrees to pay to, or on behalf of, the CDA amounts equal to certain Incremental Tax Revenues, determined as set forth below, each year as long as any Bonds are outstanding. The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Incremental Tax Revenues in the County's budget for each fiscal year any Bonds are outstanding. (ii) (A) During the period beginning on the date the Bonds are issued and ending on the date that is one (1) year after the final use permit for the Project is issued, but in no event later than six (6) years following the issuance of the Bonds (such date defined herein as "Stabilization"), all Incremental Tax Revenues, less such amounts as may be deducted by the County to pay administrative expenses, shall be paid, subject to subparagraph (iv) below, semi- annually by the County to the Trustee, as assignee of the CDA, in an amount equal to one-half of the Incremental Tax Revenues for the prior calendar year on each 1 and 1 beginning on the 1 immediately following the issuance of the Bonds (or such later date as the Petitioner may direct). Following Stabilization, the County will pay to the Trustee Incremental Tax Revenues, subject to subparagraph (iv) below, semi-annually on each 1 and 1, in an amount equal to one-half of the lesser of (1) the amount needed to pay the Annual Installment (as defined in paragraph 4(b) below) in the current calendar year or (2) Incremental Tax Revenues collected in the prior calendar year. (B) The payments to the Trustee on behalf of the CDA of Incremental Tax Revenues shall be used by the Trustee, at the direction of the CDA, on asemi-annual basis to pay, in whole or in part as the case maybe, the Annual Installment for that particular calendar year attributable to the Bonds and, until Stabilization, to fund the Surplus Fund. (C) The County's agreement to pay Incremental Tax Revenues to the Trustee is contingent upon compliance by the Petitioner with the covenants contained in paragraphs 2(b) and (c) above. 3 (iii) Notwithstanding anything to the contrary in this Memorandum, the County shall make each such payment of amounts equal to the Incremental Tax Revenues only to the extent it has collected Incremental Tax Revenues. (iv) The County's obligation to make payments to the CDA of Incremental Tax Revenues shall not be deemed to be a general obligation of the County and shall be subject to and dependent on appropriations being made from time to time by the Board of Supervisors for such purpose. (v) Incremental Tax Revenues shall equal the sum of seventy (70) percent (%) of (I) the County's regular ad valorem real property tax revenues collected each calendar year by the County within the CDA District (including payments of any "roll back" taxes) which exceed the ad valorem real property tax revenues levied by the County within the CDA District during calendar year 2010 which base amount is $ , (II) the County's personal property tax revenues collected each calendar year by the County within the CDA District, (III) the County's transient occupancy tax revenues collected each calendar year by the County within the CDA District, but not including any portion of such tax required to be used for tourism and tourism- related services, (IV) the County's portion of the retail sales and use tax revenues collected in each calendar year by the County from retail and other establishments located within the CDA District and subject to such retail sales and use tax, (V) the County's BPOL tax revenues collected each calendar year by the County from businesses located within the CDA District and (VI) the County's meals tax revenues collected each year by the County from restaurants and other establishments located within the CDA District and subj ect to such meals tax. (vi) If, in any calendar year up to and including the year in which Stabilization occurs, the Incremental Tax Revenues available to the CDA pursuant to the provisions of this section 4 exceed the amount necessary to pay the Annual Installment for such calendar year, such excess shall be deemed a "Surplus." Any Surplus shall be deposited by the County in an account (the "Surplus Fund") to be established with the Trustee under the Indenture and shall be used in the event Incremental Tax Revenues are less than amounts needed to pay the Annual Installment due in such period. If any portion of the Annual Installment for a given calendar year, up to and including the year in which Stabilization occurs, was collected by the County from the Petitioner's payment of Special Assessments, the Surplus shall be used to reimburse the Petitioner for that portion of the Annual Installment that was actually collected by the County. Following Stabilization, and after the application, if any, of Surplus as described above, any amounts remaining in the Surplus Fund shall be paid to the County and all Surplus generated thereafter shall remain with the County. (b) Special Assessment. (i) Request for Collection -- Not later than February 15 of each year, commencing in the calendar year following the issuance of the Bonds, the County agrees that the CDA will furnish the annual report described in paragraph 5(c) to the County and requesting the County to collect annual installments (the "Annual Installment") of a special assessment (the "Special Assessment") within the CDA District pursuant to Virginia Code Section 15.2-5158(A)(5) in an amount to be determined in accordance with the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit E (the "Rate and Method"), which amount may be zero with respect to one or more Parcels (as defined in the Rate and Method). The Special Assessment shall be in an amount equal to debt service on the Bonds, 4 administrative expenses of the County in connection with the levy and collection of the Special Assessment and the performance of its obligations hereunder, less other amounts available for the payment of such debt service and expenses including, in particular, amounts on deposit to pay capitalized interest during the first three years following the issuance of the Bonds (the "Assessment Amount"). The Annual Installment shall be equal to the Assessment Amount due in any calendar year. (11) County's Agreement with respect to Assessment; Assignment -- The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Annual Installment in the County's budget for each fiscal year any Bonds are outstanding; provided, however, any collection and payment of the Annual Installment from revenues derived from Special Assessments shall be made only to the extent that Incremental Tax Revenues are not available for such purpose as set forth pursuant to this Memorandum. The County agrees that so long as the Bonds are outstanding that the County will collect the Annual Installment and pay the amounts received thereunder to the CDA, subject to appropriation each year by the Board of Supervisors. To the extent permitted by law, the County pledges and assigns all of its right, title and interest in the Annual Installment to the CDA (except amounts that may be retained by the County to pay administrative costs, as described in paragraph 4(c) below). The CDA, in turn, will pledge and assign all of its right, title and interest in the Annual Installment to the trustee for the Bonds (the "Trustee") or its successor who will use the moneys received, except for amounts segregated for approved administrative expenses, to make debt service payments on the Bonds and the County agrees to make all such payments directly to the Trustee for the Bonds. The Trustee will return any amounts segregated for approved administrative expenses of the CDA to the CDA. The Annual Installment assigned by the County includes any payments from foreclosures, less costs of collection, and excludes administrative fees for the cost of administration as described in paragraph 4(c) below. The CDA will have the right to retain a portion of the payments assigned by the County to pay the CDA's administrative expenses as approved by the County and such portion of the payments is not pledged or assigned to the Trustee for the Bonds. The County's obligation to make payments to the CDA of the Annual Installment shall not be deemed to be a general obligation of the County, shall be payable solely from payments of the Annual Installment received by the County and shall be subject to and dependent on appropriations being made from time to time of the Annual Installment by the Board of Supervisors for such purpose. (111) Landowners' Agreement with Respect to Assessment -- In accordance with Virginia Code Sections 15.2-5158(A)(5) and 15.2-2405, the parties will agree to the Special Assessment to be levied and apportioned in accordance with this Memorandum and the Rate and Method to be approved by the Petitioner and adopted by the Board of Supervisors and thereafter incorporated into the terms of this Memorandum as though set forth fully herein. Upon such incorporation, the Petitioner for itself and its successors and assigns will represent and agree that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed the peculiar benefit to the assessed property resulting from the Improvements and is apportioned to property within the CDA District on a rational basis. 5 (iv) Billing and Collection of Annual Installment -- The County shall bill the Annual Installment, to the extent the CDA requests collection of the Annual Installment, in the same manner and at the same time as it bills its real estate taxes. The amount of the Annual Installment for each Parcel will be recorded in the County land records such that the public will have access to its existence. Penalties and interest on delinquent payments of the Annual Installment shall be charged as provided by law. To the extent practicable, the Annual Installment shall be included in a separate bill in the same envelope as the County's regular real estate tax bill, and shall be collected on the same dates as the County's real estate taxes. Payments of the Annual Installment collected by the County shall be segregated from all other funds of the County and may not be used for any other purpose by the County. (v) Collection of Delinquent Assessments -- The County's customary tax payment enforcement proceedings will apply to the collection of any delinquent payment of the Annual Installment. The County shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the County's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then- current statutes of the Commonwealth of Virginia. The County agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of the Annual Installment. The parties understand and agree that the County's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the County will obtain the CDA's consent with respect to any such amounts in excess of $200. Any amounts on deposit in the Surplus Fund after the Bonds have been repaid in full, or provision for their repayment in full has been made, and any reimbursements to the Petitioner have been made as provided above, shall be paid to the County. (c) Administrative Costs. The County shall be entitled to reimbursement of its reasonable costs and expenses associated with the CDA, including the administration and collection of the revenues, whether Incremental Tax Revenues or Special Assessment revenues, payable to the CDA. Administrative expenses (not to exceed $25,000 each year when an Annual Installment is not collected and $50,000 in any year in which an Annual Installment is collected, may be deducted by the County in its remittance to the CDA or the Trustee for the Bonds; provided that any payments of administrative expenses during the Capitalized Interest Period may be paid from proceeds of the Bonds to the extent Incremental Tax Revenues collected by the County, including amounts in the Surplus Fund, are insufficient to pay such administrative expenses. In addition to the deduction for administrative expenses described above, the County shall be entitled to recover any additional administrative expenses and any costs incurred by the County in conjunction with any and all proceedings to collect the amounts payable to the CDA hereunder, including tax foreclosure, administrative and other proceedings as provided for and permitted by Virginia Code Section 15.1-3958. (d) Notice to Subsequent Landowners. The Petitioner will include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of land within the CDA District that is subject to an outstanding Special Assessment a disclosure statement that includes a statement of the amount of the applicable portion of the Special Assessment and setting forth the name and address of the CDA's administrator or other location where 6 information regarding the CDA and the Special Assessment may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying any fee simple interest in land within the CDA District that is subject to an outstanding Special Assessment include such disclosure statement. The Petitioner agrees that it will notify the CDA and the CDA's administrator in writing, within ten (10) days after recordation of a deed of conveyance, of the sale of any land owned by the Petitioner indicating the tax map parcel number of the property sold and the purchaser of the property. 5. Additional Covenants. (a) The Petitioner and County agree that the Bonds will be sold by the CDA only in minimum denominations of $100,000 and $1,000 integral denominations in excess of $100,000. (b) The Petitioner agrees to assist the CDA in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 even if the Bonds are exempt from such Rule and will provide such information as the CDA may reasonably request in connection with such disclosure obligations. The County shall cooperate with the Petitioner and the CDA and shall endeavor to provide information with respect to the Special Assessment and Incremental Tax Revenues, as appropriate, reasonably requested by the CDA in connection with the CDA's disclosure obligations. The County's time and expenses in connection with the disclosure obligations set forth herein shall be considered Administrative Expenses of the type described in paragraph 4(c) above and the County shall be entitled to reimbursement for such expenses as provided in paragraph 4(c). (c) The Petitioner and the County agree that the CDA will engage a professional administrator to oversee its financial affairs and shall obtain an annual report of the CDA's finances from such administrator. Copies of such financial report and all other reports required by the Trustee for the Bonds and the owners of the Bonds shall be furnished to the County Administrator as soon as they are available to the CDA. The CDA will provide draft annual financial statements to the County prepared in accordance with generally accepted accounting principles. Unless otherwise approved by the County, the CDA's audited financial statements will be audited by the auditor engaged by the County to audit the County's financial statements. The fiscal year of the CDA shall be from July 1 through June 30. The CDA will pay all costs and expenses, including staff time and expenses incurred by the County, incurred in connection with the CDA's annual audit, and the County shall have no responsibility for such costs and expenses. (d) The Petitioner and the CDA agree that all improvements financed with proceeds of the Bonds will be owned by the CDA or other appropriate public entity. The Petitioner will convey all Improvements to the CDA, the County or other public entity, with the terms and conditions of such conveyances and acceptance to be set forth in detail in the Development Agreement. (e) The Petitioner agrees that the Improvements will be built in accordance with all applicable federal, state and local laws, rules and regulations and that the Improvements to be acquired by the County, if any, will be built in compliance with all applicable specifications of the County. 7 (fl The Petitioner agrees that the Board of Supervisors of the County shall have complete discretion in selecting and appointing members of the board of the CDA. Neither the Petitioner nor the CDA nor any other person shall have any right to circumscribe that discretion in any way. (g) The Petitioner agrees to use its best efforts to provide or cause to be provided to the CDA's administrator such information as the CDA's administrator may need to determine Incremental Tax Revenues. The Petitioner agrees to include provisions in any lease or sale of property in the CDA District requiring the tenant or purchaser, as the case may be, to provide such information to the CDA's administrator as may be necessary to determine Incremental Tax Revenues with respect to such tenant's or purchaser's property. The Petitioner waives any rights to confidentiality that may exist as to the payment of sales tax revenues and transient occupancy tax revenues and agrees that such information may be provided to the CDA's administrator by the Commissioner of the Revenue but only to the extent necessary to determine Incremental Tax Revenues. (h) The County shall be indemnified and held harmless by the Petitioner for any claims, demands or losses, or for any claims against or damages made or suffered by the County, arising from any act or negligence of the Petitioner in connection with its obligations under this Agreement and the construction and conveyance of the Improvements, excepting such as may arise through or be caused by the willful misconduct or negligence of the County or any of the County's employees or as may arise out of the County's exercise of its legislative discretion, whether lawful or unlawful. The Petitioner agrees that the indemnifications and protections afforded the County in this subsection shall survive the termination of this Agreement. Further, the Petitioner agrees that references in this subsection to the County shall be deemed to include the County's supervisors, officers, employees and agents. (i) The Petitioner agrees that it or its assignee (including a property owners association formed with respect to the Project) shall undertake responsibility for the maintenance and operation of the Improvements. The Petitioner further agrees that the costs of such maintenance and operation shall be borne by it (or its assignee) and the Special Assessment may be sized in amount necessary to pay for such maintenance costs to the extent the Petitioner (or its assignee) does not make adequate provision for the payment of such costs. 6. Approved Budget; and Notice of Appropriation. The County shall furnish to the Petitioner, the CDA and the Trustee for the Bonds as soon as available a copy of the approved budget of the County for the next succeeding fiscal year of the County. The County Administrator shall deliver to the CDA and to the Trustee for the Bonds within 10 days after the beginning of each of the County's fiscal years a written notice specifying the amounts appropriated by the Board of Supervisors to the CDA during such fiscal year. The County agrees to notify the Trustee for the Bonds in the event the Board of Supervisors fails to appropriate any amounts payable hereunder by the County. 7. Prerequisites to Issuance of Bonds. The Petitioner acknowledges and agrees that the creation of the CDA and the issuance of the Bonds will be subject to the terms of the County CDA Policy including that the Bonds will not be issued by the CDA without prior approval of the Board of Supervisors. The Petitioner and County agree that the CDA will not 8 issue Bonds until the Petitioner has satisfied the prerequisites set forth in this paragraph. The Petitioner agrees that it will provide the following to the County in form and substance reasonably satisfactory to the County before the issuance of the Bonds: (a) such information and assurances as are necessary to complete the disclosure documents prepared in connection with the sale of the Bonds; and (b) confirmation that the Project complies with all applicable zoning requirements; (c) such engineering and other reports regarding the Improvements and the Project as the County shall reasonably require. 8. Approval by County. Any approval or consent required of the County under this Memorandum may be given by the County Administrator or such officer's designee unless action by the Board of Supervisors is expressly required. 9. Successors and Assigns. This Memorandum shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. For purposes of this Agreement, "successors and assigns" of the Petitioner shall mean only those persons or entities who are permitted successors and assigns of the Petitioner under the provisions of an instrument and who either succeed to the interest of the Petitioner under this Agreement by express written assignment and assumption or who are successors by operation of law to the organizational existence of the Petitioners as an entity (e.g., the surviving entity in a merger between the Petitioner and another entity). 10. Amendments. This Memorandum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 11. Term. This Memorandum shall be in full force and effect until all Bonds have been paid or deemed no longer outstanding under the Indenture or three years from the adoption of the ordinance creating the CDA if not Bonds have been issued. 12. Severability. If any clause, provision or section of this Memorandum is held to be illegal or invalid by any court, the invalidity of the clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Memorandum shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. 13. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 14. Recitals. The recitals set forth at the beginning of this Memorandum are incorporated into and made a part of this Memorandum as though they were fully set forth in this Section 14 and constitute representations and understandings of the parties hereto. 15. Governing Law and Venue. This Memorandum shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules. 9 16. No=. Any notice, request or other deliveries required to be given hereunder shall be deemed given if sent by registered or certified mail, or overnight delivery service, postage prepaid, addressed to the following addresses: County: CDA: Petitioner: Any party may designate any other addresses for notices or requests or other deliveries by giving notice under this Section 16. 10 WITNESS the following signatures. COUNTY OF ROANOKE, VIRGINIA By~ Title: County Administrator SLATE HILL I LLC, as Petitioner, on behalf of itself and the other petitioners executing the Petition By: James R. Smith Title: Member 11 Exhibit A CDA Property A- Exhibit B Improvements - Sanitary sewer improvements - Water utility improvements - Storm sewer, storm water management and retention improvements - Parking facilities - Sidewalks - Road, curbs and gutters - Street signalization, signage and lighting - Landscape improvements Estimated cost of Infrastructure $11,058,305 Includes all related architectural and engineering, contingency, development fees. B-1 U .~ W ~ > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~o ~ ~o ~ ~ ~o ~ ~o ~o ~ ~o ~o ~ ~ 0 0 0 0 0 ~ ~ ~ ~ ~o ~ ~ ~ ~o ~ ~ ~ ~ ~ ~o ~ ~ ~ ~ ~ ~o ~ ~ ~ ~ ~ ~o ~ ~ ~ - ~ N '~ +' ~ U N ~ O O LL ~, o 0 0 0 0 ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 ~ ~ ~ ~ ~ ~ ~o ~ ~ ~ ~o ~ ~o ~ ~ ~ ~o ~ ~ ~ ~ ~ ~o ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ N u ~ ~ U ~ O O O LL ~, o 0 0 0 ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ~ ~ ~ v > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - O O N O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N u N _ ~ ~ U 0 °o °o ~ o 0 0° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ~ > O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O +~ O O O O O O O O O O O O O O O O O ~ O O O N N N N N N N N N N N N N N N N N C ~ ~ N ~ c~ U ~ ~ O O O O ~ O O O N O O O O O O O O O O O O O O O O N > ~ ~ o 0 0 o rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn _ ~ ~ a~ o ~ u 0 0 0 0° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~° U S ~ ~ rl N m ~ u1 l0 I~ 00 Ol o rl ~ rl N rl m c-I ~ rl u~ rl ~o rl ~ rl oo rl rn rl o N a c~ ~ ~ ~ c~ } o m *' ~ s u 0 ._ L Q a ~ ~ a s ~~ °J ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ N N N N N N N N N N N N N N N . . . . . . . . . . . . . . . ~ O O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ U N ~ ~ O O O O N N ~ 0 0 0 0 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ O O O O O O O O O O O O O O O O ~ O O O O O O O O O O O O O O O O +~+ N N N N N N N N N N N N N N N N O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ U N ~ O O N N ~ 0 0 0 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ O O O O O O O O N N N N N N N N N N N N ~_ U N 0 ~ ~ U ~ O O O O O O O O N O O O O O O O O O O O N ~ ~ O O O O O O O N N N N N N N N N N N N N ~ m m m m m m m m m m m m m ~ ~ N _ ~ ~ U 0 ~ ~ ~ ~ ~~ o 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 o m ~ ~ ~ N N N N N N N N N N N N N N N ~ ~ o 0 0 0 o m m m m m m m m m m m m m m m ~ ~ ~ ~ ~ U 0 ~ ~ ~ ~ u c O O O O O N O O O O O O O O O O O O O O m N m ~ ~ + ~ ~ N N N N N N N N N N N N N N N N N o 0 o m m m m m m m m m m m m m m m m m ~ '~ E - ~ ~ ~ U 0 ~ ~ U ~ ~ c O O O N O O O O O O O O O O O O O O O O m N m u ~ ~ ~ ~ ~ ~cvm~~n~~oorno~Nm~~n~~oorno s ~ _ rl rl rl rl rl rl rl rl rl rl N a ~ ~ a~ c ~ } ~ o m ~ N r~ V Exhibit D Ordinance D-1 Exhibit E Rate and Method of Apportionment of Special Assessment 6042.000002 EMF US 30465663v6 E-1 ROANOI~E COt~I~Y. At a regular meeting of the Beard of Supervisors, held at the R.oaneke County Administratien Center on .ruly 27, 201 Q at 7:~0 p.m. On motion of , seconded by ,the Board adopted the following ordinance. AN ORDINANCE CREATING THE SOUTH PEAK COMI~IUNITY DEVELOPIVIENT AUTHORITY BE IT ORI3AINED by the Board of Supervisors oI" ~.oanoke County: 'WHEREAS, the Beard of Supervisors of Roanoke County, Vlrg~nla the "Beard"}, has received a petition the "petitiH") from NIcl~eil Properties LLC, Woodcliff Investments LLC, DNAL Holdings III, LLC, &H Holdings Inc,, Slate Hill I LLC and date Hi11 II, LLC collectively, the "Petitioners"~ for the creation of the South peak Community Development Authority the "CDA"~, and the Petitioners have represented that they own all of the land within the proposed CDA district; and WHEREAS, a public hearing has been held on ~1uly 2°~, 20 l +~ by the Beard en the adoption of this Ordinance and notice has been duly provided as set. Earth in 15.2-127 of the Code of Virginia of I'~5+~, as amended, and ~ 15.2-515 of the Virginia ~Llater and 'Waste Authorities Act, Chapter 51, ~1~itle 15,,2, Code of Vlrglnla of I95~, as amended the "et"~ and WHEREAS, the Board proposes to create the CDA. in order to provide the infrastructure improvements, facilities and services described in the Petition; and WHEREAS, the creation of the CDA to assist. in financing the infrastructure, improvements and services in connection with the development of the land into amixed-used development proposed to include commercial, retail and residential components known as South pear the "project"~ will benefit the citizens of the County by promoting increased employment opportunities, strengthening the economic base and increasing tax revenues, and will meet the increased demands placed on the County as a result of the development or redevelopment within or affecting the Project; and 'WHEREAS, the Petitioners have waived in writing the right to withdraw their signatures frem the petition in accordance with ~ 15,2-515 of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANO~E COUNTY, VIRGINIA: Section 1. Creation of Authority. The South Pear Community Development Authority is hereby created as a political subdivision in accordance with the applicable provisions of the Act, flhe CDA shall have the powers set forth in the Act. Section 2. Boundaries of the CDA. The CDA boundaries shall initially include the property containing approximately X2,5 acres, more or less, identified in Exhibit A, attached hereto and presented to the Beard of Supervisors the "CDA District"). In accordance with 15,2-5I 57 of the Act, a copy of this Ordinance shall be recorded in the land records of the Circuit Court of Roanolke County far each tax map parcel within the CDA District as such CDA District exists at the time of issuance of the CDA's bonds the "Bonds"~ and the CDA District shall be noted on the land records of the County. The County may adjust the boundaries of the CDA District to release or exclude land from the CDA District before or after the issuance of the Bonds so long as the owners of at least fifty-one ~ 1 ~ percent of the land area or assessed value of land remaining in the CDA District after adjustment petitioned for the creation of the CDA, In addition, the CDA may release and exclude from the CDA District parcels of land with respect to which all special assessments have been paid or prepaid. section 3. F`aelities and services. The CDA is created for the purpose of exercising the powers set forth in the Act, including acquiring, financing, constructing and developing, and owning and maintaining, if necessary, certain infrastructure improvements, facilities and services in connection with the development of the Project as described in the Petition and the Articles of Incorporation described below. The CDA shall not provide services which are provided by, or obligated to be provided by, any authority already in existence pursuant to the Act unless such authority provides the certification required by ~ IS.~-515 ofthe Act. Section 4. Articles of ~ncor~avrativn. Attached hereto as b~xhibt B and presented to the Board of Supervisors at the time of the adoption of this Ordinance are the proposed Articles of Incorporation of the CDA. The County Administrator 1s authorized and directed to execute and file such Articles of Incorporation on behalf of the Board with the State Corporation Commission. in substantially the form attached as Bxhibit B with such changes, including insubstantial changes to the boundary description of the CDA District described therein, as the County Administrator nlay approve. The County Administrator is authorized to approve such other changes or corrections to tl~e Articles of Incorporation prior to filing with the State Corporation Commission as do not change the purpose or function of the CDA as set forth in this Ordinance and in the Petition. Section 5. ~aPital host Estimates. The Board hereby Ends, in accordance with ~ 1 ~.Zy 51o3~B) of the Act, that it is impracticable to include capital cost estimates, project proposals, and project service rates, except as summarized in the Petition. Section C, l~em~ershi~ of the Authority. (a) The powers of the CDA shall be exercised by an authority board consisting of five (5) members. (b) All members of the CDA board shall be appointed by the Board in accordance with the provisions of § 15.2-5113 of the Act. ~c} The initial members of the CDA board shall be as set forth in file Articles of Incorporation for the terms set forth therein.. ~d} Each CDA board member sha11 receive such compensation for his or her services as a CDA board member as may be authorized from time to time by resolution of the CDA board, provided that no member shall receive compensation in excess of 3oa per meeting attended. unless authorized by resolution of the Board. Se~c~ian '1. flan of F~nan~e; ern~arandu~n of ~lnders~andi~ng; Issuance of Bands; dissolution. ~a} The infrastructure improvements, facilities, services and operations to be undertaken by the CDA as described herein and in the Petition shall be funded from all or some of the following sources: Vii} bonds to be issued by the CDA.; ~11~ special assessments to be levied pursuant to ~ ~ ~.2~-~ ~ 58~A}~~~ of the Act, viii} contributions made by the County of certain incremental tax revenues generated within the CDA District as more particularly described in the Petition and the Memorandum of Understanding, attached hereto as exhibit C, to be entered into by County and the Petitioners of the Project and ~iv~ any ether source of funding available to the CDA including rates, fees and charges to be levied by the CDA for the services and facilities provided or funded by the CDA and any other appropriations, grants, contributions or fnanclal assistance that the CDA receives from other governmental entities. fib} The County Administrator is authorized and directed to execute and deliver the Memorandum of Understanding. in substantially the form attached as h~xhibit C with such changes consistent with the tenor and. intent of the Petition and this ordinance as the County Administrator may approve. {c~ The Bonds to be issued by the CDA will not exceed a maximum aggregate amount of $1 ~,ooo,ooo, and will have a final maturity not later than twenty ~Zo~ years from the year in which the Bonds are issued. The proceeds from the sale of Bonds wi11 be used to pay the costs of the infrastructure improvements, facilities and services as described herein and in the Petition, the costs of issuing the Bonds, any required reserves and the interest on the Bonds for a period of up to thirty-six (3~~ months after the issuance of the Bonds. ~d~ Any bonds issued by the CDA or any other financing arrangements entered into by the CDA. will be debt of the CDA, wi11 not be a debt or other obligation of the County and will not constitute a pledge of the faith and credit of the County.. Vie} In the event the Bonds or any portion thereof are not issued within three ~3~ yearn from the date of adoption of this ordinance, the CDA will be dissolved in accordance with tl~e provisions of ~ ~ 5.2-5109 of the Act, (~ Adoption by the Board of this Ordinance does not constitute approval of the issuance of any bonds or similar debt obligations by the CDA. section ~. Recordation of ~rdinancc. 1n accordance with ~ 15.Z-~ 157 of the Act, the Board hereby directs the Clerk of the Circuit Court of the County to record a copy of this Ordinance in its land records for each tax map parcel included in the CDA District and to note the existence of the CDA District on the land records of the County. This ordinance sha11 tape effect immediately, Ayes. Mayes: Certified by: Becky R. I1~eador, Clerk tc~ the Board of Supervisors 1'ET~T14N PURSUANT T~ ~'1R1N1A ~f~~E SECT1~}N 15,2-5152,. ~e~ seq. FAR THE ~REATr~N ~~ THE SOUTH PEAK ~OMIVXUNZTY ~EVEL~PNIENT AUTH+~R~TY TO THE ~OARI~ Off' SUPERVISORS Off' THE COUNTY OF ROANOKE, V1R+~INIA wHBR.EAS, the undersigned collectively, the "Petitioners" and each separately a "Petitioner"}, is the owner of certain real property located in the County of ~.oanoke, Virginia the "County"}, more particularly shown on Exhibit A attached hereto and incorporated herein by this reference collectively, the "Property"~; aY~d WHEREAS, the Petitioners for their designee} are undertaking the development of the Property into a mixedruse development to include commercial, retail and residential components (the "Project"}, which is in the public interest of the County and its environs and which benefits the Commonwealth of Virginia the "Commonwealth"} and its citizens by facilitating the public purpose of economic development in the County, and WHEREAS, the .board of Supervisors of the County the "Board"} is authorized, pursuant to ~ 15.Z-5152 of the Code of Virginia of 1950, as amended the "Virginia Code"~, to consider petitions for the creatioY~ of local community development authorities; and wHER.EAS, Petitioners desire to join with the Board to create a mechanism for the funding of certain infrastructure improvements, ~acllltYes and servYCes, including, among others, public roads, parking facilities, landscaping, public utilities, wetlands mitigation and storm water management to be located in and around the area in which the Property is located, and that are necessary or desirable for development or redevelopment within or affecting tl~Ye Project or to meet the increased demands placed on the County as a result of the development or redevelopment within or affecting the Project; and V~'~IEREAS, Petitioners have determined that a community development authority (the "CDA"} affords the best mechanism for providing all or a portion of such infrastructure improvements and services in and around the area. in which the Project is located; and w~HER.EAS, the provision of such infrastructure improvements and services will facilitate the successful expansion of the County's tax base through increased real property tax revenues, personal property tax revenues, retail sales tax revenues and business and license fee ~°evenues from the expansion of the tax base contemplated within the proposed community development authority district; and N+Qw, THE~EF~E, the undersigned Petitioners, pursuant to Virginia Code 15.2- 5153, do hereby petition the Board to establish, by ordYnanCe pursuant to Vlrglnla Code ~ 15.2- 5155, the CDA. In support of this Petition, Petitioners state as follows: 1. Petitioners and District. Petitioners collectively are the owners of all of the land area proposed to be included within the geographic boundaries of the CDA such real property, which is located within the boundaries of the Property, is herein referred to collectively as the "CDA District"}. A list of the parcels to be included within the CDA DistY•YCt Ys attached to t17Ys PetYtYOn as ExhYbYt A and Ys 1nCOrporated hereln by thls reference. All parcels within. the CDA District are located exclusively within Roanoke bounty, Virginia. ~l~he FDA District boundaries are shown on the map attached to this petition as Exhibit B and incorporated herein by this reference, but triay be expanded by the.. Board by subsequent ordinance upon petition filed pursuant to the Virginia bode and further may be reduced to exclude land withl~ the CDA District so long as the owners of at least 51 percent of the land area or assessed value of land remaining in the FDA District after adjustment petitioned for the creation of the FDA. petitioners request that the CDA be called the "South peak ~ommr~nity Development Authority." Description of Infrastructure, Facilities and Services. 'I~he FDA shall be formed for the purposes of, among other things, acquiring, financing, constructing, equipping and providing the installation, operation, maintenance sunless dedicated to and accepted by the appropriate governmental, entity other than the CDA}, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit ~, including, without. limitation, ~a~ sanitary sewer mains and lines, fib} water mains and lines, pump stations and water storage facilities; Vic} storm sewer mains and lines; ~d} landscaping and related site improvements; (e} parking facilities; ~~ sidewalks and walkway paths; (g} storm water management and retention systems including best management practices, water quality devices and erosion and sediment control}; ~h~ lighting including street and decorative lights in public rights of way}; (1} street and directional slgnage; (~}wetlands mitigation; ~k~ roads, curbs and gutters inclusive of rights of ways and easemel7ts related thereto}; and ~1} any and all facilities and services appurtenant to the above collectively, all such existing and new public roads, utilities, facilities and services hereinafter, the ``Infrastructure"}. ~1'he FDA may contract. for and incur all necessary expenses to accomplish the above and all related purposes, and all such operating expenses of the ~CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal fall collectively hereinafter "the operation of the CDA"}, may be included within the scope of any bonds issued by the CDA. "I`he CDA may perform or cause to be performed all work necessary to accomplish, these purposes, including, without limitation, right-of-way and easement acgUlsltlon, permitting, andlor relocation of existing utilities. ~. Description of provision and Financn of Infrastructure and ~Jperation of the FDA, The Infrastructure shall be constructed by or on behalf of the CDA upon availability of funding. As set forth in paragraph 2 above, the CDA may contract for all services required for the operation of the +DA and provision of the Infrastructure. Yi~he bounty and the CDA. may contract with each other and with other parties necessary or desirable for the operation of the CDA and provision of the Infrastructure or services directly related to the C}peration of the CDA. The proposed plan for the operation of the FDA and for the provision of the Infrastructure within the FDA District is as follows: {a} The FDA may issue revenue bonds, in one or more series, for the operation of the FDA and for the provision o~f the Infrastructure or any portion thereof, and for the administrative and other authorized costs anal expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereofr The issuance of the bonds by the CDA will require approval by the Board of Supervisors prior to issuance.. Adoption of an ordinance by the Board of Supervisors creating the FDA will not constitute approval of the issuance of bonds. Yi~he bonds will be payable -~- solely from revenues received by the CDA, including back-up special assessments, and shall be sufficient in an aggregate principal amount to produce amounts available for public improvement costs equaling X11,058,305 abut in any event in an aggregate principal amount no greater than 1 ~,o~~O,oOO~, subject to and in accordance with the terms of a lVlemorandum of Understanding between the Developer, the County and the CDA (the "1Vlemorandum of Understanding"~, a copy of which is attached hereto as Fxh~~hit ~ (b~ Petitioners propose that the Board to establish a special assessment upon taxable real property within the CDA District to finance all or a portion of the Infrastructure and the operation of the CDA as described in and in accordance with the terms of the l1~Iemorandum of Understanding. Petitioner acknowledges that there will be a special assessment levied on all property in the CDA District and that each landowner in the CDA District agrees or will agree to provide disclosure to all purchasers of land in the CDA District of the existence of the CDA and the special assessment that is expected to be levied. {c} Petitioners propose that the Board approve a plan to make certain. advances of County funds to the CDA using increased tax revenues generated by the development of the property within the CDA District, to finance the cost of the Infrastructure and the C~perat~on of the CDA as described rn and in accordance with the terms of the IVlemorandum of Understanding. ~. Expected Benefits from the Provision of Proposed Infrastructure and the ~erati~n o_f the CDA,. The provision of the Infrastructure and the operation of the CDA will facilitate the County's efforts to attract new business and economic development to the County in furtherance of the County's business development strategies. The Infrastructure and the operation of the CDA are necessary or desirable for development or redevelopment within or affecting the Project or to meet the increased demands placed upon the County as a result of the development or redevelopment within or affecting the Project. The development or redevelopment of the Project, which would be enabled by the Infrastructure and the operation of the CDA, will enhance the County's tax base by increasing tax revenues and by increasing the value of the real property within the CDA District. ~. lVlembers of the CDA. The CDA shall have five members appointed by the Board pursuant to the terms of Virginia Code ~ 15.E-5113. The Petitioners agree that one or more members of the board of the CDA may be members of the Board or County staff and further agree that all members of the CDA board shall reside in the County. ~. Duratio~~'Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Board, provided. that no such abolition shall occur while any CDA obligation remains outstanding or at any time in the three years following the adoption by the Board of the ordinance creating the CDA-. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and~or appropriate for the continued operation of the CDA. The CDA shall be deemed to be automatically dissolved without further action by the Board of supervisors if no bonds are approved and issued within three years after the adoption of the ordinance creating the CDA. -3- 7. No Eiability of Count, Amendment of Ordinance, The Petitioners agree that the Bonds will constitute a debt of the CDA and shall not be deemed to be an obligation of the County. rlihe County shall not pay debt service on any pa1~t of the Bonds from revenues or funds derived by the County from sources other than the special taxes or assessments authorized in Section 1 ~.~-5158 of the Virginia Code, except as may be specifically provided in the ordinance creating the CDA and as specifically set forth in the Memorandum of Understanding.. No amendment to the ordinance creating the CDA sha11 impose any financial obligation on the County other than as set forth in the ordinance creating the CDA, as originally adopted, and in the Memorandum of Understanding. 8. Counts Costs. The Petitioners agree to pay all costs incurred by the County in connection with the creation of the CDA, including County staff time in reviewing and evaluating the documents required to create the CDA, advertising for public hearing, retaining. financial, legal, engineering and other consultants required by the County, printing, and other direct and indirect costs incurred by the County in creating the CDA and in connection with the issuance of the Bonds, whether or not the CDA is created or the Bonds are issued. 9. ~o Commitment to Approve Bonds. The undersigned acknowledges that adoption of an ordinance by the Board creating the CDA does not constitute approval of the issuance of the Bonds by the CDA. Tl1e issuance of any bonds by the CDA is subject to the prior approval of the Board of Supervisors. 10, waiver. Each Petitioner intends to provide a waiver of the thirty ~30~ day period to withdraw its signature from this Petition as provided in Virginia Code ~ 1' S,2-515~B, ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein, Petitioners respectfully request that the Board establish the South Peak District Community Development Authority for the purposes set forth in this Petition. I WITNESS HEREOF, Petitioners have executed this Petition pursuant to due authority this day of , 2010. McNeil Properties LLC, a V~rgin~a llmlted llabrlity company By: James ~. Smith, Member wood~cliff Investments LLC, a Virglnla limped l~ab~l~ty company By: James R, Smith, Member -4- UAL Holdings I~Z, LLB, a Virginia limited liability company ~y: James I~, smith, Member &~ Holdings Inc,, a Virginia corporation ~y~ James ~.. Smith, President ~~_ lade Hill I LLB, a V'i~gi~ia lin~i~ed liability com~ar~y By: James R. ~mitl~i, en~be~ date Hill II PLC, ~ ~lp~lnla l~mlted llab~lity e~mpany ~~': James ~. Smith, N~er~ber _~j_ exhibits: Exhibit ~ - List of Parcels by Tax N'Iap ~1urr~ber Exhibit B - Mai ~f ~CDA district Exhibit +~ -Description of Pra~~ose~ Infrastructure Exhibit I) - Draft ofNlem~randum ~f Understanding -~- EH~B~T LIST ~}F PA~i+CEL BY TAB NIAI' ~i~M~~ Prvner~v owner GP~N l~~m~er DNAL Holdings HI, LLC 477.24-01-48,01-4400 M & H Holdings Inc. 077.20-~ 1-02.4 ~ -4040 McNeil Pr~pe~ ti~~ LLB ~77.~0-01- l (x.00-~{~+~~1 McNell Pr~apertles LLC 077.20-41-11.00-0000 McNeil Properties LLC 077.20-01-15,01-0044 McNeil Properties LLC 477.20-(~ ~ -17.00-4004 McNeil Properties LLC 077.20-01-18.00-4440 McNeil Properties LLC 077.20-01-19.04-0000 McNeil Properties LLC 077.24-41-20..00-4404 McNeil Properties LLC 077,20-41-21.00-4000 McNeil Properties LLC 077.20-01-22.40-0000 McNe11 Properties LLC 077.20-41-2.00-0000 McNe11 Properties LLC 477.20-01-24.44-0000 McNeil Properties LLC 077.24-41-25.00-4000 date Hill ~ LLC 487,08-0~-11.00-0000 Slate Hi11 II LLC 077.20-0 l =52.40-0000 Joodcliff Investments LLC 077.24-(~ 1-03.40-0000 Woodcliff Investrrients LLC 077.20-0 l -04.40-0400 Woodcliff Investments LLC 077.24-41-14.04-4040 Woodcliff Investments LLC 077.20-0 l -54.00-0000 Woodcliff Investments LLC 077.20-01-55.00-0004 A-1 EXHIBIT B MAP [To come] ~-~ DESCRI~T~~IN ~F ~'1itJP[~S~I~ ~N~RA~TRUCTU~~E - Sanitary sever improvements - Water utl~lty lmprovements - Storm sewer, storm water management and retention improvements - Parking f~.cilities Sidewalks Load, curbs and butters -- Street si~nalization, signa~e and lrhting - Lan scope improvements Estimated cost of Infrastructure l l ,off S,3o5~ ~nclt~des X11 related architectural ~.nd en~ineerin~, ~ontin~ency, dev~elopmnt fees. ~-1 E~HIBYT~ 1'VY~~.I~AN~]~JM ~QF [~I~~E~~STA~I~IN ['To come] -1 ACT~C~N NG. ITEM NO. N ~~ AT A REGULAR MEETING GF THE BEARD OF SUPERVISGRS CSI= RC~ANGKE C+DUNTY, VIRGINIA HELD AT THE. RGANGKE COUNTY ADMINISTRATIGN CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July ~ ~, ~g~ a VlJark session an the County's Revenue Sharing Priority List tar fiscal year a1 D - ~g~ ~' Philip Thompson Deputy Directorot Planni~~ng B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S DOMMENTS: SUMMARY OF INFORMATION: During thewarksessian, County and Virginia DepartmentotTransportation ~VDOT} staff will review with the Board the County's Revenue Sharing Priarity Dist far fiscal year ~a1 a - ~011. Discussion of the County's Revenue Sharing Program will include a reviewofha projects are prioritized and funded by VDC~T through its Tier system, a review of potential. pra~ec#s far the County's ~a10 - Za1 ~ priority ~~st and an update on existing Revenue Sharing Projects. Q ~" ~ ~ ~~/ ~ w az r r.. 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ITEM NG. AT A REGULAR MEETING CAF THE BC~ARQ CAE SUPERVISORS CSI= RGANGKE COUNT', VIRGINIA HELD AT THE ROANO~CE C~3UNTY AaMINISTRATIG~N CENTER MEETING Q~-TE: July 13, X010 AGENaA_ITEM: Ullork Session to present the Board with draft concepts of a redesigned Roanoke County website SUBIUIITTEQ BY: Teresa Hamilton Hall airectorof Public Infor~n~~ation Bill Greeves !Qirector of Communications and Information Technology A~~PRt~VEQ BY: B. Clayton Goodman Ill ' County Adrr~inistrator +COlJNTY AQI~IINITRATC~R~'~ ~C~N1I~ENT: This work session was requested by members of the Board of Supervisors to provide staff with feedback on the redesign of the County's website, during the work session, staff will provide the Board with several drafts of the redesigned site to review. The County's new site is being designed by Civic Plus and the goal is for the new situ to "go live" in November. P AT ~ REGULAR MEETING CAF THE B~}ARa +~F SUPERVISORS ~F R~AI'VC-'KE COUNTY, VIRGINIA, HELD AT THE RC~ANOKE CUUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 1 ~, ~g1 U RESt~LUT1~3N DERTIEY~ING THE CUED MEETING WAS HELD IN DaNF~RMITY WITH THE GG!DE C},F VIRGINIA WHEREAS, the Board ofSupervisors ofRoano'keCounty,Virginia hasconvened a dosed meeting an this date pursuantta an affirmative retarded vote and in accordance vuith the provisions of The Virginia. Freedom of Information Act; and WHEREAS, Section ~.~-311 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 v~ith 'Virginia law NSW, THEREFORE, BE lT 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 rnatters'lawfully exempted from open meeting requirements by Virginia law were discussed ~in the closed meeting which this certification resolution applies, and ~. C~nlysuch public business matters sewers identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.