HomeMy WebLinkAbout8/18/2020 - Regular1
Vinton Town Council
Regular Meeting
Tuesday, August 18, 2020 at 7:00 p.m.
PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO
SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016
AND AMENDMENT 28 TO HOUSE BILL 29 ADOPTED AT THE 2020 RECONVENED
SESSION OF THE VIRGINIA GENERAL ASSEMBLY
The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, August 18,
2020, using electronic communication means without the public being present in the Council
Chambers. Participation by Council members, staff, and the public will only be available through
electronic means. The public will have access to observe this regular meeting of Town Council
through a livestream on the Town’s Facebook page at www.facebook.com/vintonva. Citizens
may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983-
0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, August 17, 2020.
Once registered, the citizen who wishes to address Council will be provided the Zoom meeting
information and will be allowed to join the meeting and address Town Council by electronic
means.
AGENDA
Consideration of:
A.CALL TO ORDER
B.CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH
ORDINANCE NO. 1016 AND AMENDMENT 28 TO HOUSE BILL 29 ADOPTED AT
THE 2020 RECONVENED SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND
ROLL CALL
C.MOMENT OF SILENCE
D.PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E.UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
Bradley E. Grose, Mayor
Sabrina M. McCarty, Vice Mayor
Keith N. Liles, Council Member
Laurie J. Mullins, Council Member
Michael W. Stovall, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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G.CONSENT AGENDA
1.Consider approval of minutes of the Regular Council meeting of July 21, 2020
2.Consider adoption of a Resolution approving the amended Title VI of the Civil
Rights Act Implementation Plan
H.AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
I.CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
J.TOWN ATTORNEY
K.TOWN MANAGER
1.BRIEFINGS
a.Briefing on updates to the September 17, 2013 Purchasing Policy –
Brandon Gann
2.ITEMS REQUIRING ACTION
a.Consider adoption of an Ordinance permanently abandoning, vacating,
and deeding an unnamed 12’ right-of-way to Longwood Apartments, LLC
–Nathan McClung
b.Consider adoption of a Resolution adopting the new Town of Vinton
Employee Handbook – Donna Collins
3.COMMENTS/UPDATES
L.REPORTS FROM COUNCIL COMMITTEES
1.Economic Development Committee – Acting Town Manager
2 Joint Public Safety/Highway Safety Committee – Chief Drumond
3.Finance Committee – Anne Cantrell
M.MAYOR
N.COUNCIL
O.ADJOURNMENT
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable
efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in
order to participate in or attend Town Council meetings. Please call (540) 983 -0607 at least 48 hours prior
to the meeting date so that proper arrangements may be made.
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NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
September 1, 2020 – 7:00 p.m. – Regular Council Meeting – Council Chambers
September 16, 2020 – 2:00 p.m. – Finance Committee Meeting – TOV Conference Room
Meeting Date
August 18, 2020
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Council Meeting of July 21, 2020
Summary
None
Attachments
July 21, 2020 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, JULY 21, 2020, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Sabrina McCarty, Vice Mayor
Keith N. Liles
Laurie J. Mullins
Michael W. Stovall
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Pete Peters, Assistant Town Manager/Director of Economic
Development
Anne Cantrell, Finance Director/Treasurer
Tom Foster, Police Chief
Donna Collins, Human Resources Director/Risk Manager
Fabricio Drumond, Deputy Police Chief
Joey Hiner, Public Works Director
The Mayor called the regular meeting to order
at 7:00 p.m. The Town Clerk called the roll with
Council Member Liles, Council Member Mullins,
Council Member Stovall, Vice Mayor McCarty and
Mayor Grose present. Roll call
After a Moment of Silence, Julianna Drumond
led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events/
announcements, Vice Mayor McCarty announced
the following: July 25 – 7-10:00 p.m. – Mingle at
the Market with 5 Shades of Gray and Mountain
Grille – Farmers’ Market; August 8 – 7-10:00 p.m.
–Mingle at the Market with Adam Rutledge –
Farmers’ Market; August 14 – 5-7:00 p.m. –
Reconnect Event-Gladetown and August 19 – 5-
7:00 p.m. – Reconnect Event-Midway.
Pete Peters commented that there were
approximately 250 paid participants at the July
11th Mingle at the Market. This was one-fourth of
the established capacity based on Phase 3
Guidelines for outdoor entertainment and concert
venues. Some minor tweaks will be made for the
upcoming Mingle, but it went well and they
received positive comments.
Under requests to postpone, add to or change
the order of agenda items, the Town Manager
requested to postpone Item 2, Consider adoption
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of a Resolution approving the amended Title VI of
the Civil Rights Act Implementation Plan under
Section G, Consent Agenda, until the August 4,
2020 meeting. The request was due to the fact
that the Virginia Department of Transportation
(VDOT) contacted staff yesterday and indicated
there are additional amendments that need to be
made to the Plan before adoption by Council. The
new revised Plan has again been submitted to
VDOT for their review.
Council Member Liles made a motion to approve
the requested change to the agenda; the motion
was seconded by Council Member Stovall and
carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall,
McCarty, Grose; Nays (0) – None.
Approved the postponement of the agenda
item under the Consent Agenda
The Mayor turned the meeting over to Susan
Johnson, the Town Clerk, who conducted the
Investiture Service. Ms. Johnson then proceeded
to administer the Oath of Office for Vice Mayor to
Sabrina M. McCarty. After taking her Oath of
Office, Vice Mayor McCarty made brief
comments.
The Town Clerk next presented the official
framed election certificates to Council Member
Mullins, Council Member Liles and Mayor Grose.
Council Member Stovall made a motion to
nominate Captain Fabricio Drumond as the
Interim Police Chief; the motion was seconded by
Council Member Liles and carried by the following
roll call vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose;
Nays (0) – None.
The Town Clerk next administered the Oath of
Office to Interim Chief Fabricio Drumond. After
taking his Oath of Office, Chief Drumond made
brief comments.
Appointed Captain Fabricio Drumond as
the Interim Police Chief
Council Member Mullins made a motion to
approve the Consent Agenda, as revised; the
motion was seconded by Council Member Liles
and carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall,
McCarty, Grose; Nays (0) – None.
Approved minutes of the Regular Council
Meeting of July 7, 2020
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Under awards, introductions, presentations and
proclamation, the first item was the introduction of
two new Police Officers. Interim Chief Drumond
made brief comments and introduced Officer
William Holland and Officer Jaymie Turner.
The next item was a Proclamation honoring
outgoing Police Chief Tom Foster. Council Member
Stovall read the Proclamation and presented it to
Chief Foster who made brief comments. The
Mayor and Council also made comments
expressing their appreciation to Chief Foster.
The next item was the presentation of the
Virginia Risk Sharing Association (VRSA)
Margaret A. Nichols Risk Management Leadership
Award. The Town Manager called Donna Collins
forward and then read a letter from VRSA which
recognized the Town for the implementation of the
workplace violence deterrence and notification
system for the safety of employees.
The Town Manager next commented that this
award was received through the efforts of Ms.
Collins along with the Safety Committee and that
Bo Herndon had worked very close with Ms. Collins’
on all of the improvements. The other Safety
Committee Members are Chasity Barbour, Brandon
Gann, Nathan McClung, Amanda Payne, Fabricio
Drumond, Mandie Baker, Billy Robb and Andrew
Critcher. The Mayor then presented the award to
the Safety Committee after which Ms. Collins made
brief comments.
The next item on the agenda was a briefing on
the Limited Service Hotel Market Study for the
property located at the corner of South Pollard
Street, 1st Street and Cedar Avenue. The Town
Manager first commented that Pete Peters would
begin the briefing and then Christian Abbate with
DPC Hospitality would join via Zoom. Mr. Peters
commented that the Town has been working for
several years to attract and recruit a hotel.
Originally a market study was done to determine the
feasibility to operate a hotel in the Town limits and
then we acquired the property to develop a hotel.
This next step is essentially to develop a proforma
to understand what it would cost to construct and
operate a hotel at the specific site. Working with
Draper Aden, staff was able to use some of the EPA
Brownfield Assessment Grant funds to request
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proposals from professionals to provide this limited
hotel market study and the Town contracted with
Christian Abbate with DPA Hospitality.
Mr. Peters then turned the meeting over to Mr.
Abbate to review with Council the report that he has
been working on since February. There was a brief
pause due to the COVID-19 shutdown, but Mr.
Abbate wanted to capture both pre-COVID and
post-COVID to show what that would look like and
how that would impact the recruitment of a hotel for
the site. Mr. Abbate next reviewed a PowerPoint
presentation, which was provided to Council at the
meeting and will be on file in the Town Clerk’s Office
as a part of the permanent record followed by
closing comments by Mr. Peters.
The next item on the agenda was a briefing on
new Town of Vinton Employee Handbook. Donna
Collins first commented that the draft handbook has
been updated with feedback from the Leadership
Team and legal guidance from the Town Attorney.
The current Handbook had not been reviewed and
updated since 2008 and changes include the
revised Mission and Vision Statements based on
the Retreat from February 2019; a Code of Ethics
policy and the General Employment Practices and
Workplace Expectation Policies have been updated
to be compliant in 2020. Based on the
circumstances of the last few years and COVID-19,
a Suspicious Threat Event, Pandemic and
Inclement Weather policies have been added and
in conjunction with Virginia Risk Sharing
Association (VRSA) a Communications Devices
While Driving Policy, which is basically a hands-free
policy for all employees driving Town vehicles.
The benefits remain the same with the addition of a
Certification Reimbursement Policy; Bereavement
Leave so employees do not have to use their sick
time and Voting Leave for employees that desire to
leave work to vote. Also, the Fringe Benefits Policy
has been updated to current IRS standards and the
addendums were updated to include the Safety
Policy and the DOT Testing and Federal Motor
Carrier Safety Administration Clearinghouse
Guidelines that became effective January 1, 2020.
The next item on the agenda was to consider
adoption of a Resolution authorizing the Town
Manager to file an application for allocation of
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funding from the Virginia Department of Housing
and Community Development (DHCD) Industrial
Revitalization Fund (IRF) for the Gish Mill
Redevelopment Project. Pete Peters first
commented that on July 7, 2020 Council was
briefed on the efforts redevelop and rehabilitate the
Gish Mill property. This $600,000 grant application
with DHCD for the IRF Fund would assist with the
rehab and repair costs. The Program is designed
for shovel-ready projects for former industrial
properties to make them functioning properties
once again. If awarded, the grant would be given to
the Town to be administered in the form of a loan to
the developer. The terms of the loan would be in
the Town’s discretion and once paid back, the funds
can be used again for other rehabilitation projects
in the future.
On July 9, 2020, an application was submitted for
the Emergency Supplemental Historic Preservation
Fund (ESHPF) through the Virginia Department for
Historic Resources (DHR) in the amount of
$250,000. Those grant funds are available to repair
structures that were damaged through Hurricanes
Florence and Michael. The combined total of the
grants would be approximately $850,000 and would
provide approximately 50% of the almost $2 million
necessary to rehab the structure.
As required by the IRF Grant, letters of support
have been received from the Regional Partnership,
Roanoke and Vinton Chambers, Roanoke Valley-
Alleghany Regional Commission and our own
Historical Society. The final step is the adoption of
the Resolution by Council.
Council Member Stovall made a motion to adopt the
Resolution as presented; the motion was seconded
by Vice Mayor McCarty and carried by the following
roll call vote, with all members voting: with all
members voting: Vote 5-0; Yeas (5) – Liles,
Mullins, Stovall, McCarty, Grose; Nays (0) – None.
Adopted Resolution No. 2371 authorizing
the Town Manager to file an application for
allocation of funding from the Virginia
Department of Housing and Community
Development (DHCD) Industrial
Revitalization Fund (IRF) for the Gish Mill
Redevelopment Project
The next item on the agenda was to consider
adoption of a Resolution authorizing the Town
Manager to execute an Agreement with Roanoke
County for the Use of CARES Act Funds. Anne
Cantrell commented that Roanoke County has
received an allocation of approximately $8.2 million
from the Coronavirus Relief Fund and the County is
responsible as part of their Agreement to ensure
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that the Town has access to an equitable share of
the funding. In June the budget was appropriated
and this is the legal Agreement formalizing that
action. The Agreement states that the Town will
receive up to $706,693 and restricts us in the same
way Roanoke County is restricted to their grant with
the State. The funds shall be solely for qualifying
expenses as defined by the CARES Act and have
to be expended by December 30, 2020 or they will
be returned to the County and then returned to the
Commonwealth.
The Town Attorney and County Attorney have
reviewed this Agreement and Roanoke County
approved this Agreement at their July 14, 2020
meeting.
Vice Mayor McCarty made a motion to adopt the
Resolution as presented; the motion was seconded
by Council Member Mullins and carried by the
following roll call vote, with all members voting:
Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty,
Grose; Nays (0) – None.
Adopted Resolution No. 2372 authorizing
the Town Manager to execute an
Agreement with Roanoke County for the
Use of CARES Act Funds
The Town Manager commented that as part of
the CARES Act Funds, Roanoke County and the
Town has established a $1 million grant fund for
small businesses. Jill Loope with Roanoke County
is administering the Small Business Recovery
Grant funds for the County and Town.
Approximately 124 grant applications have been
received totaling $560,000 with approximately
$100,000 being from businesses in Vinton.
The Town Manager next commented that the
culverts under Washington Avenue at the Wolfe
Creek Greenway are going to be cleaned out by the
Pathfinders for the Greenway assisted by the
Roanoke County Parks and Recreation
Department and the Town’s Public Works
Department.
The Mayor congratulated Interim Chief
Drumond. Since this would be the last Council
Meeting for the Town Manager, the Mayor next
made comments and expressed appreciation to Mr.
Thompson for his leadership and the job he has
done. The Mayor further commented that Mr.
Thompson would be invited back toward the end of
his official retirement for proper recognition and
celebration.
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Comments from Council Members: Council
Members congratulated Interim Chief Drumond on
his appointment and expressed appreciation to Mr.
Thompson. Council Members Liles, Mullins and
Stovall also congratulated Vice Mayor McCarty.
Vice Mayor McCarty made a motion to adjourn
the meeting; the motion was seconded by Council
Member Liles and carried by the following vote, with
all members voting: Vote 5-0; Yeas (5) – Liles,
Mullins, Stovall, McCarty, Grose; Nays (0) – None.
The regular meeting was adjourned at 8:27 p.m.
Regular Meeting adjourned
The Mayor called the Work Session to order at
8:35 p.m. and turned the meeting over to the Town
Attorney for a review of the Council Orientation
Manual. The Town Attorney reviewed a
PowerPoint presentation, which was provided to
Council at the meeting and will be on file in the
Town Clerk’s Office as a part of the permanent
record.
Following the PowerPoint presentation, there was
discussion about the upcoming Reconnect events
and Council going to dinner at a local restaurant
before a meeting and how to give proper notice.
There was discussion regarding Council going into
Closed Session under personnel to discuss
employees not appointed by Council. The Town
Attorney commented that there is a FOIA advisory
opinion on the matter, but he would support Council
if it became necessary. Normally, you would have
the Town Manager deal with employees, but there
could be situations where the Town Manager would
need the input of the policy making body. The other
possibility would be to have a one-on-one
conversation with the Town Manager.
The Work Session was adjourned at 9:34 p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
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Susan N. Johnson, CMC, Town Clerk
Meeting Date
August 18, 2020
Department
Planning and Zoning
Issue
Consider a Resolution to adopt the amended Title VI of the Civil Rights Act Implementation Plan.
Summary
The Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid funding, is required
to fulfill the provisions of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulation
(CFR) Part 21, 23 CFR Part 200 and other applicable directives.
On March 3, 2020, Town Council adopted Resolution No. 2347, authorizing the Town Manager to
prepare and submit a Title VI Implementation Plan to Virginia Department of Transportation (VDOT).
On March 5, 2020, Staff submitted the adopted Title VI Implementation Plan to VDOT Salem District
Civil Rights Personnel. On June 9, 2020, Staff was informed by Salem District personnel that the Town
of Vinton was the first locality in the Salem District to adopt the Title VI Plan, and it was the first Title
VI Plan to be reviewed by the Salem District personnel. According to them, based on a review by the
VDOT Richmond Central District personnel and Federal Highway Administration (FHWA)
requirements, minor revisions to the adopted plan have to be made since the Title VI only requires
three categories of protected groups (race, color, and origin) to be listed. The Town’s Plan included a
list of other protected groups (ancestry, gender, gender expression, gender identity, genetic
information, etc.). The final review and revision of the amended Title VI Plan was completed by VDOT
Salem District Civil Rights Manager was completed on July 24, 2020. Applicable documents and forms
as listed under the Appendices have been revised to list only the three protected groups under Title VI;
race, color, and national origin.
Attachment
Town of Vinton Title VI Implementation Plan – Amended August 18, 2020
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
TITLE VI IMPLEMENTATION PLAN
Agency Administrator
Barry W. Thompson, Town Manager
Prepared by:
Anita J. McMillan,
Planning and Zoning Director
Approved March 3, 2020
Amended
TITLE VI STATEMENT OF COMMITMENT
The Town of Vinton, hereinafter also referred to as the Local Public Agency “LPA”, will effectuate
the provisions of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulation (CFR)
Part 21, 23 CFR Part 200 and other applicable directives. These authorities provide that no person
in the United States shall, on the grounds of race, color or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which LPA receives federal assistance.
Further, as a recipient of federal-aid funding, Town of Vinton strives to achieve nondiscrimination
in all its programs and activities whether or not those programs and activities are federally funded.
These efforts to prevent discrimination will address, but not be limited to, a program’s impact upon
access, benefits, participation, treatment, services, contracting opportunities, training
opportunities, investigation of complaints, allocation of funds, prioritization of projects, and the
functions of right-of-way, research, planning, design, construction, and project development.
Town of Vinton will ensure that every manager, supervisor, employee, and sub-recipient of
federal-aid funds administered by the LPA is aware of and applies the intent and spirit of Title VI
of the Civil Rights Act of 1964 and other nondiscrimination authorities in performing assigned
duties.
Every employee and representative of Town of Vinton shall perform all official duties and actions
in full accord with Title VI of the Civil Rights Act of 1964, applicable statutes, executive orders,
regulations, and policies enunciated there under.
The Human Resources/Risk Management Director has been designated as the LPA’s Title VI
Coordinator and is responsible for ensuring that all matters relating to nondiscrimination are
administered effectively.
Employees of the LPA, contractors or applicants with questions, problems or complaints regarding
this statement, and the implementation of the stated provisions, should contact Donna Collins,
Title VI Coordinator/Human Resources/Risk Management Director, at 311 S. Pollard Street,
Vinton, VA 24179, 540-983-0604, dcollins@vintonva.gov.
Barry W. Thompson, Town Manager / Date
Agency Administrator
TABLE OF CONTENTS
I. INTRODUCTION ..................................................................................................................... 1
II. TITLE VI AND RELATED AUTHORITIES ................................................................. 1
III. ORGANIZATION AND STAFF RESPONSIBILITIES ............................................... 2
IV. TITLE VI PROGRAM IMPLEMENTATION .............................................................. 7
V. DISCRIMINATION COMPLAINT PROCEDURES .................................................. 15
VI. REVIEW OF TOWN DIRECTIVES ............................................................................. 19
VII. COMPLIANCE AND ENFORCEMENT PROCEDURES ......................................... 20
VIII. TITLE VI ASSURANCES (STANDARD DOT TITLE VI ASSURANCES) ............ 21
APPENDIX A.............................................................................................................................. 24
APPENDIX B .............................................................................................................................. 25
APPENDIX C .............................................................................................................................. 26
APPENDIX D ............................................................................................................................. 27
APPENDIX E ............................................................................................................................. 28
APPENDIX F .............................................................................................................................. 29
APPENDIX G .............................................................................................................................. 30
APPENDIX H .............................................................................................................................. 33
APPENDIX I ............................................................................................................................... 36
APPENDIX J ............................................................................................................................... 40
APPENDIX K .............................................................................................................................. 42
Page 1 of 43
I. INTRODUCTION
The Town of Vinton’s mission is to excel at providing quality services for the benefit of all
residents while developing, maintaining, and enhancing the resources of the area. Title VI of the
Civil Rights Act of 1964 (Title VI) is a federal law that requires no person in the United States on
the grounds of race, color, or national origin, be excluded from, be denied the benefits or be
subjected to discrimination under any program or activity receiving federal financial assistance. The
Federal-Aid Highway Act of 1973 added the requirement that there be no discrimination on the
basis of sex. Title VI applies to recipients and sub-recipients of federal financial assistance. The
Civil Rights Restoration Act of 1987 makes clear that pursuant to Title VI discrimination is
prohibited throughout any department of a local agency that accepts Federal financial assistance.
The Town periodically receives federal funding from the Federal Highway Administration
(FHWA) and other federal program funding. As a recipient of such federal aid, the Town is
required to comply with Title VI and the related Department of Transportation regulations (Title 49
CFR Part 21).
This Title VI Implementation Plan is a part of Town of Vinton’s continual and ongoing effort to
proactively meet the minimum compliance requirements established under title VI of the Civil Rights
Act of 1964 (title VI), 49 CFR § 26, and the related anti-discrimination statutes and regulations. With
this Implementation Plan, the Town of Vinton seeks to provide continued transparency, clarity and
technical guide for internal and external constituents regarding its Title VI program.
II. TITLE VI AND RELATED AUTHORITIES
This section is a reference source of the applicable authorities related to Title VI of the Civil Rights
Act of 1964 as amended.
Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) states the following: “No person in
the United States shall on the grounds of race, color or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.”
Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) prohibits
discrimination based on sex (gender).
The Civil Rights Restoration Act of 1987, P.L. 100-209, further clarified the intent of Title VI to
include all programs and activities of entities whether those programs and activities are federally
funded or not. Title IX of the Educational Amendments Act of 1972, the Age Discrimination Act of
1975, and Section 504 of the Rehabilitation Act of 1973.
49 CFR Part 21, the U.S. Department of Transportation’s Implementing Regulations of Title VI of
the Civil Rights Act of 1964.
23 Code of Federal Regulations (CFR) Part 200, the Federal Highway Administration Title VI
Program Implementation and Review Procedures.
Page 2 of 43
UDDOT Order 1050.2A
Executive Order 12898 (issued February 11, 1994) addresses Environmental Justice (EJ) regarding
minority and low-income populations. Agencies must develop strategies to address
disproportionately high and adverse human health or environmental effects of their programs on
minority and low-income populations; promote nondiscrimination in federal programs
substantially affecting human health and the environment; and provide minority and low-income
communities’ access to public information and an opportunity for public participation in matters
relating to human health or the environment.
Executive Order 13166 (issued August 16, 2000) improves access to services for persons with
limited English proficiency. Agencies are directed to evaluate services provided and implement
a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully
access the services provided, consistent with, and without unduly burdening the fundamental
mission of the local agency. Agencies are directed to ensure that recipients of federal financial
assistance provide meaningful access to programs, services and information to their LEP
applicants and beneficiaries free of charge. Language barriers have the potential of prohibiting
LEP persons from:
• Obtaining services and information relating to Town services, programs and projects.
• Taking advantage of Town programs and activities, which could affect their jobs and social
opportunities.
• Understanding the benefits to which they are entitled when their home or business is
acquired through eminent domain.
Limited English Proficient persons refer to persons for whom English is not their primary
language and who have a limited ability to read, write, speak or understand English. It includes
people who reported to the U.S. Census that they speak English less than very well, not well or
not at all.
LEP persons are entitled to language assistance under Title VI of the Civil Rights Act of 1964,
and federal assistance recipients shall take reasonable steps to ensure meaningful access to
benefits, services, information and other important portions of their programs and activities.
III. ORGANIZATION AND STAFF RESPONSIBILITIES
A. Relationship of Civil Rights Coordinator/Town Manager of the Town of Vinton
Town Administrator – The Town Manager is authorized to ensure compliance with
provisions of the Town’s policy of nondiscrimination and with the law, including the
requirements of 23 CFR Part 200 and 49 CFR Part 21. The Town’s grants compliance
function and Title VI coordination shall be performed under the authority of the Town
Administrator.
Title VI Coordinator – The Town of Vinton Human Resources/Risk Management Director
will perform the duties of the Title VI Coordinator and ensure implementation of the Town’s
Page 3 of 43
Title VI Federally Funded Transportation Program. The Town’s Title VI Coordinator has a
direct reporting and access to the Town Manager, the Town’s chief executive officer.
B. Statement of Responsibility and Authority of Title VI Coordinator
As authorized by the Town of Vinton Administrator, the Title VI Coordinator is responsible
for initiating, monitoring, and ensuring LPA compliance with Title VI requirements as
follows:
Program Administration
• Administer the Title VI Program and coordinate implementation of the plan.
• Ensure compliance with the assurances, policy, and program objectives.
• Perform Title VI Program reviews to assess administrative procedures, staffing, and
resources.
• Provide recommendations as required to the Town of Vinton Administrator.
Complaints
• Review written Title VI complaints that may be received by the Town Vinton
following the adopted procedural guidelines.
• When a Title VI complaint is received, the Town will forward the complaint to
VDOT, which will forward the complaint to the VDOT’s FHWA Division Office,
which will forward the complaint to Headquarters Office of Civil Rights (HCR). If a
complaint is filed with VDOT, VDOT will forward the complaint to the VDOT’s
FHWA Division Office, which should forward the complaint to HCR.
Data Collection
• Review the statistical data gathering process periodically to ensure sufficiency of data
for meeting the requirements of Title VI program administration.
Training Programs
• Conduct or facilitate training programs on Title VI issues and regulations for the
Town’s employees; and facilitate Title VI training for appropriate personnel, board
and committee members, contractors, and sub-recipients. A log or summary of
training conducted shall be kept.
Title VI Plan Update
• Review and update the Town’s Title VI Implementation Plan as needed or required.
• Present updated plan to the Town’s Administrator for approval.
• Publish/post the Title VI Implementation Plan.
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Annual Accomplishment Report
• Prepare an annual report of Title VI accomplishments and changes to the program in
the preceding Federal fiscal year
• Identify goals and objectives for the upcoming year as required; and submit to VDOT.
Public Dissemination
• Work with Town’s personnel to develop and disseminate Title VI program
information to employees, board and committee members, council and sub-recipients,
including contractors, subcontractors, consultants, and sub-consultants and
beneficiaries, as well as the general public.
• Ensure public service announcements or notices are posted of proposed projects,
hearings, meetings, or formation of public advisory boards, in newspapers or other
media reaching the affected community.
• Ensure the full utilization of available minority publications or media.
• Ensure written or verbal information in languages other than English is being
provided, where appropriate.
Elimination of Discrimination
• Work with the Town’s program areas to establish procedures for promptly resolving
deficiencies, as needed.
• Recommend procedures to identify and eliminate discrimination that may be
discovered in any of the Town’s processes.
Maintain Legislative and Procedural Information
• Keep informed about Federal laws, rules, and regulations, Federal Highway
Administration (FHWA) or Virginia Department of Transportation (VDOT)
guidelines that may affect the current Agency Title VI Plan and administration of the
Agency’s Title VI Program.
• Ensure information is made available to the public as requested or required.
C. Program Administration
Multidisciplinary Approach of Title VI
To ensure the Town complies with Title VI of the Civil Rights Act of 1964 and other related
statutes, the Town will establish a Title VI Multidisciplinary Team. The Team will use the
systematic approach, communication and continuous interaction to proactively ensure
nondiscrimination in all of Town’s programs and activities. The multidisciplinary approach
focuses on team efforts to ensuring nondiscrimination in all of the Town’s programs and
activities. In implementing this approach, the Town will employ the guidance provided by the
FHWA. The Town will designate specific staff from applicable departments that are
administering federal grants and/or providing programs and activities funded from federal
assistance or other types of transportation related funding as Title VI Specialist(s). The
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members of the team consist of the Title VI Coordinator and Title VI Specialists. The Team’s
focus is to:
• Foster awareness of nondiscrimination requirements
• Participate in the development and implementation of the Title VI Program
• Identify areas of need requiring mitigation measures
• Formulate and prioritize strategies to address areas of mitigation
• Recommend revisions to the Title VI Implementation Plan.
• Develop a Title VI Work Plan
• Implement Title VI Program Plan
• Continuously assess and recommend adjustments to the Title VI Implementation Plan
as necessary for effectiveness.
Title VI Specialists – Additionally, the Town has designated Title VI Specialists in special
emphasis program areas. The Specialists shall work in concert with the Title VI Coordinator.
These key programs areas are subject to receiving federal assistance through grants or other
types of transportation related funding. The Title VI Specialists will work with the
Coordinator to ensure their respective departments and programs comply with Title VI
regulations and assurances, meet the Title VI Method of Administration as laid out on this
Title VI Plan, meet federal and state reporting requirements, and provide adequate training
opportunities for applicable staff.
Title VI Specialists will also work with the Title VI Coordinator to ascertain Title VI
compliance by contractors, subcontractors, consultants, suppliers and other sub-recipients
under federally funded projects or programs. Specialists will ensure applicable Title VI
provisions and requirements are included in contractual agreements to prime contractors and
sub-recipients. Title VI Specialists will work with the Coordinator to obtain statistical data on
race, color, national origin, handicap/disability, age and sex of participants in, and
beneficiaries of the Town’s federally funded transportation programs. Each of the Specialists
will maintain data relative to their respective special emphasis program area, designated
below. The Coordinator shall use the data to complete annual Title VI reports and for other
administrative needs.
TITLE VI SPECIALISTS DESIGNEES
Economic Development
Finance/Purchasing
Planning and Zoning
Public Works
Police/Law Enforcement
Financial Services Analyst
Planning and Zoning Director
Public Works Director or Administrative Manager
Executive Assistant to the Chief of Police
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D. Organizational Chart
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IV. TITLE VI PROGRAM IMPLEMENTATION
A. Town of Vinton Title VI Nondiscrimination Policy
The Town will ensure that all employees, applicants, residents, customers, and persons doing
business with the Town may participate in, enjoy the benefits of, and be free from discrimination
under any program or activity it administers without regard to any protected status, including:
• Race
• Color
• National Origin
B. Title VI Statement
The Town, under Title VI of the Civil Rights Act of 1964, is committed to operating its programs,
activities, and services in such a way that no person shall be excluded from the equal distribution
of its services and amenities based on their race, color, or national origin. The Town has
developed a notice to the public informing them of their rights under Title VI. Any person who
believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may
file a complaint with the Town of Vinton and/or Federal Highway Administration. The Town’s
complaint process and complaint forms are included in Appendix G and the Town’s website:
https://www.vintonva.gov/requesttracker.aspx or https://www.vintonva.gov/18/Human-
Resources.
The Town’s objective is to:
• Ensure that the level of quality of programs, projects and services are provided without regard
to race, color, and national origin.
• Promote the full and fair participation of all affected populations in decision making;
• Prevent the denial, reduction, or delay in benefits related programs and activities that benefit
minority populations or low-income populations; and
• Ensure meaningful access to programs and activities for persons with Limited English
Proficiency (LEP).
The Town is committed to complying with Title VI requirements for all programs and services
delivered to the public. The Title VI Program (Program) serves as a guide and reflection of the
Town’s commitment to preserving the civil rights for all individual and group benefactors of
Town’s program and services. The Town's Title VI Assurances, executed pursuant to Department
of Transportation (DOT) Order No. 1050.2A, are included.
C. Town Governance
The Town is governed by an elected Council of five members. The Town provides main services
with over 75 full and part-time employees and seven departments. Other services and programs
are also provided by Roanoke County.
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D. Title VI Coordinator
The Town’s Title VI Coordinator, the Human Resources/Risk Management Director, is
responsible for the overall Title VI Program. The Title VI Coordinator provides guidance and
technical assistance on Title VI matters and has overall program responsibility for preparing
reports and developing program procedures. Additional assistance is provided by the Planning
and Zoning Director (e.g., transportation and greenway projects). The Title VI Coordinator
responsibilities include:
a. Promptly processing and resolving Title VI complaints;
b. Collecting demographic data (race, color, national origin) of participants in and beneficiaries
of the Town’s Federal-aid programs, activities, and services;
c. Promptly resolving areas of deficiency;
d. Conducting periodic Title VI audits;
e. Ensuring that Title VI requirements are included in policy directives and that the procedures
used have built-in safeguards to prevent discrimination;
f. Coordinating the development and implementation of staff training regarding the Town’s
Title VI program; and
g. Developing and coordinating Title VI information for public dissemination, including where
appropriate in languages other than English.
E. Education and Training
To ensure compliance through education and training, the Town’s Title VI Coordinator will:
• Distribute information to personnel, board and committee members, and council on training
programs regarding Title VI and related nondiscrimination authorities.
• Offer training to staff in Title VI nondiscrimination and implementation.
• Track Title VI nondiscrimination training of staff and board and committee members.
• Develop Title VI educational information for dissemination to the general public.
F. Communications and Public Participation Plan
The Town is committed to ensuring that projects, programs, and services delivered by the Town
are sensitive to the various demographic backgrounds within the Town. The Town Public
Participation Plan (PPP) is for use by the Town to promote public involvement in the planning
and decision-making process of projects, programs, and services.
As a recipient of Federal funding, the Town is required to adhere to Title VI of the Civil Rights
Act of 1964 and to integrate the PPP into its Title VI Program. The PPP provides guidelines for
involving the public to ensure that all groups are represented and their needs considered. The
Town is committed to ensuring it serves the residents and businesses of the Town fairly,
consistently, and in the most cost-efficient and appropriate manner within available resources.
The Town endeavors to communicate with and provide opportunities for minority, low-income,
and disabled persons to participate. To ensure Title VI compliance in communications and public
participation, the Town will:
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• Include the following statement in public notices and on the website:
“The Town of Vinton fully complies with Title VI of the Civil Rights Act of 1964 and
related statutes and regulations in all programs and activities. For more information,
or to obtain a Title VI Discrimination Complaint Form, contact (540) 983-0604 or
Town’s website: https://www.vintonva.gov/requesttracker.aspx or
https://www.vintonva.gov/18/Human-Resources.”
• Collect and monitor demographic data during public input opportunities, conducting
additional target outreach if the data show a deficiency in public input from particular groups.
• Recruit diverse applicants, including minorities, low-income persons, and disabled, to
opportunities for public participation and to serve on committees.
The Town is committed to document and analyze the impacts of transportation projects on
minority and low-income populations as a normal part of analysis efforts. A key aspect of the
analysis is to ensure the involvement of affected communities in the project development process.
The Town has developed Guidelines to provide Environmental, Planning, Right-of-Way,
Location and Design, Civil Rights and any other applicable with a consistent framework for
developing an effective public involvement strategy. They contain only principles and general
procedures, which means that the specific approach must be tailored to the unique circumstances
of each project and those communities affected by it. If the procedures do not seem appropriate
for a particular project, then the team will develop a more suitable approach.
Goals and Objectives
The goal of the Town’s PPP is to offer a variety of opportunities for the public to engage in
planning and decision-making activities. To meet this goal, the objectives of the PPP are as
follows:
• To determine what non-English languages and/or other barriers may exist to public
participation within the Town service area.
• To provide a general notification of meetings for public input, in a manner that is
understandable to all populations in the service area.
• To hold meetings at times and in locations that are accessible and reasonably
welcoming to all area residents, including, but not limited to minority, Limited English
Proficiency (LEP), and low-income members of the public.
• To utilize a variety of communication methods to capture public input from populations
that are not likely to attend or engage in public meetings.
Public Comment Process Offered by the Town Council
The public has a right to express their opinion during the regular Council meetings held the
first and third Tuesday of every month at 7:00 p.m. in the Council chambers at 311 S. Pollard
Street, Vinton, VA. The public also has the right to express their opinion at the meetings of
the Town's committees and commissions. Information about Town Council as well as the Town's
committees and commissions is available on the Town website at:
https://www.vintonva.gov/243/Public-Hearings-Special-Meetings
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Forms will be available to attendees to register their presence and desire to speak. Public hearings
will begin with a reading of the public notice, purpose and proposed action which necessitated the
public hearing. After an explanation of the proposed action is completed, the public will be
invited to offer their comment. If and when requested, translators should be present, as
appropriate, to help communicate information and attain feedback. Limitations may be
established on the length of oral presentations in order to afford all members of the public a
reasonable opportunity to speak. After all registered persons have commented, a final opportunity
will be offered for any additional public comment. This offering will precede the close of the
public hearing.
At the close of the public hearing, it will be announced where the item will next be heard, either
before a committee or the Council. Where appropriate, the Town Manager, or designee, will
provide a report summarizing and responding to key comments made by the public at a
subsequent committee or Council meeting.
All relevant comments received verbally or in writing at a public hearing, or as otherwise
conveyed to the Town prior to the established deadline, will be entered into the public record of
the comment process.
Outreach Efforts
The Town will use multiple techniques to actively solicit policy input in the planning process for
a project. The Town will engage the community through the Town’s website, social media, and
brochures placed at the library, community center, greenways, and recreation areas within the
communities. Appropriate techniques among the following will be used to inform, educate, and
gain input from the public about the Town’s projects, services, or activities:
• Surveys or questionnaires - mail-in, online, telephone, personal interview
• Articles or press releases in the appropriate publications
• Time consultation with advisory committees
• Distribution of informal reports, flyers, or brochures
• Collaboration with community-based organizations
• Informal presentations at community forums
• Publication of information about meetings, public hearings, and special events on the
Town’s website
• Direct mailings to those expressing interest in or commenting about certain topics
• General mailings with posters and flyers to area post offices and appropriate agencies,
offices, and organizations for distribution to citizens
Low-income, minority, and limited English proficient (LEP) individuals often face additional
barriers to participating in public decision-making processes. To promote reasonable
opportunities for participation by low-income, minority, and LEP individuals to provide input on
plans and programs, the Town will identify low-income, minority, and LEP populations within
the service area and engage in targeted outreach to such populations where appropriate. The low-
income threshold will be defined as households with a per capita income of 80 percent or less of
the national average.
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G. Planning and Programming
To ensure compliance in planning and programming processes, Town personnel will:
• Prepare and update publicly available demographic profiles of the region and/or Roanoke
County using the most current and appropriate statistical information.
• Consider a high-level overview of benefits and burdens of transportation projects on minority
and low-income populations, using maps and geographic demographic data to determine
projects that could impact such populations. Lead agencies in individual projects are
responsible for in-depth analyses of environmental justice as they move forward.
• Conduct an environmental justice analysis during the development of the Town
transportation’s related plans, analyzing the relative distribution of costs and benefits from
transportation investment strategies and policies on minority or low-income populations.
• Review directives to determine if there are Title VI implications and interpret how directives
impact Title VI program areas.
• Include environmental justice aspects of performance measures in transportation
performance-based planning and programming, when relevant.
H. Limited English Proficiency (LEP)
Individuals who do not speak English as their primary language and who have a limited ability to
read, speak, write, or understand English are Limited English Proficient (LEP). For a LEP person,
language can present a barrier to accessing benefits and services, understanding and exercising
important rights, complying with applicable responsibilities, or understanding other information
provided by federally funded programs and activities. LEP persons may be entitled to language
assistance at no cost to them with respect to a service, benefit, or encounter.
The Town provides meaningful access to programs and activities by giving LEP persons adequate
and understandable information to participate in programs and activities and by taking reasonable
steps to remove barriers for LEP persons.
Statement of Commitment
Meaningful access to LEP persons means ensuring that LEP persons can communicate effectively
and act appropriately based on that communication. The Town will take reasonable steps to
ensure LEP persons have meaningful access to programs, activities, services, and information that
are normally provided in English. Failure to ensure that LEP persons can effectively participate in
federally assisted programs and activities may violate the prohibition against national origin
discrimination under Title VI of the Civil Rights Act of 1964.
Implementation
Implementation guidelines describe as what should be done when an LEP person is encountered
or an LEP request is made as well as what activities should be done routinely to keep information
and training up to date. When staff encounter LEP persons or request for language assistance, the
guidelines described below will be used to determine what assistance can be provided.
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The language assistance services available to the Town are:
• Translation services available through Roanoke Spanish ($0.15/word or $85/page)
• The Town bilingual employees fluent in Spanish: As of 2020, Town’s employees, Fabricio
Drumond is fluent in Spanish and Portuguese; Samuel Mitchell is fluent in Spanish; and
Lydia Verdillo, is fluent in Tagalog.
• Future contract with CyraCom: A Pay-As-You-Go account with CyraCom – On Demand
Over-the-Phone Interpretation (www.cyracom.com). CyraCom maintains telephone assisted
interpretation capability for over 100 languages ($2.98/minute) and written translation
services for a fee.
The need for LEP services depends on the type of contact:
• In-person Contact: Use the Language Identification Flashcard, posted in the Town entrance,
to attempt to identify the language spoken. Enlist the assistance of bilingual staff to obtain the
LEP person’s name and contact information.
• Telephone Contact: Enlist the assistance of bilingual staff as needed.
• Written Contact or Documents: Engage translation service such as Roanoke Spanish.
• Request for translation at a meeting: Use translation service.
Cost alone will not determine whether a request is granted. Language assistance services deemed
appropriate will be made available at the expense of the Town.
• Requests for under $100: Will be granted. For Spanish, a phone call that might last up to 30
minutes or a document that is 1 typed page in English is likely to fit this criterion.
• Requests for over $100: Title VI Coordinator and the Town Manager review based on the
four-factor analysis and grant if deemed vital.
Routine LEP Implementation Activities
The Title VI Coordinator will:
• Post written notices on the website and/or in a public area regarding the right to free language
assistance for persons conducting business with the Town in the most likely to be encountered
languages (as determined using the four-factor analysis).
• Ensure that public notices and publications include statements that the Town provides
reasonable accommodations for persons who require special assistance to participate in public
involvement opportunities.
• Maintain the language assistance resource list, updating with current resources.
• Ensure staff understand:
o The right to free language assistance for LEP persons.
o How to use language assistance resources.
o To include statements in public notices and publications that the Town provides
reasonable accommodations.
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Monitoring and Updating
The Town will monitor its LEP policies and practices, review them regularly with the four-factor
analysis, and update as needed.
To monitor LEP policies and practices, the Title VI Coordinator will:
• Review Town’s activities on a regular basis for providing meaningful access to LEP persons.
• Document requests for translation services and encounters with LEP persons and provide
reports when requested.
Four-factor analysis
The four-factor analysis is used to assess the need for language assistance services:
a. Demography – number and proportion of LEP persons served and languages spoken in
service area.
b. Frequency – rate of contact with service or program.
c. Importance – nature and importance of program/service to people’s lives.
d. Resources – available resources, including language assistance services.
The Title VI Coordinator will:
• Regularly review demographic data based on the four-factor analysis. If a language other than
English is the primary language of >5% of the population, the LEP guidelines may need to be
modified to meet the new needs.
• Collect and maintain demographic statistics on persons who participate in their programs and
services.
• Solicit feedback from locality social service departments and community-based organizations
serving LEP persons to evaluate how well its practices meet their needs.
Locality social service departments and community-based organizations serving LEP persons
include:
• Roanoke Refugee Partnership
• Roanoke Spanish
• Roanoke County Department of Social Services
• Virginia Department of Social Services
• Council of Community Services
The feedback solicited from these departments and organizations may include:
• Nature and importance of programs, services, and activities to LEP persons
• The effectiveness of current language assistance measures in meeting the needs of LEP
persons
• The effectiveness of staff LEP trainings and agency-wide language assistance protocol
• Changes in the frequency of contact with LEP language groups
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• Changes in the availability of resources, including technological advances or financial
resources
I. Environmental Justice
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations), the Town will identify and address the
disproportionately high and adverse human health or environmental effects of its programs,
policies, and activities on minority and low-income populations. The Town will consider
demographic data into their project design and involve the public in the planning and
development process to assess the environmental impacts of projects on the community. The
public’s input and data analysis enable the Town to develop measures to mitigate any potential
adverse effects on minority and low-income populations. The Town is not required to conduct
environmental justice analyses of projects where NEPA documentation is not required.
J. Contracts and Agreements
The Town reviews its federally assisted contracts for inclusion of applicable forms and
provisions.
Consultant Contracts Administration
The Town is responsible for the selection, negotiation, and administration of its consultant
contracts. The Town complies with all relevant federal and state laws in contract selection. Town
personnel evaluate and monitor consultant contracts for compliance with nondiscrimination
authorities. Town personnel will:
• Ensure inclusion of nondiscrimination language in contracts and Requests for Proposals.
• Ensure that all consultants verify their compliance with nondiscrimination authorities,
procedures, and requirements.
• Work with the recipient or sub-recipient, if found to be not in compliance with
nondiscrimination authorities, to resolve the deficiency status and write a remedial action if
necessary.
• Review outreach activities to ensure small, disadvantaged, minority, women, and disabled
veteran businesses are not excluded to participate in opportunities to compete for consulting
contracts.
Disadvantaged Business Enterprise
Disadvantaged Business Enterprises (DBE) are for-profit small business concerns where socially
and economically disadvantaged individuals own at least a 51% interest and also control
management and daily business operations. African Americans, Hispanics, Native Americans,
Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and
economically disadvantaged. Other individuals can also qualify as socially and economically
disadvantaged on a case-by-case basis. The U.S. Department of Transportation’s DBE regulations
require state and local transportation agencies that receive federal financial assistance to establish
goals for the participation of DBEs.
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The Town supports the objectives of the DBE Program:
• To ensure nondiscrimination in the award and administration of Federal Highway
Administration assisted contracts.
• To create a level playing field on which DBEs can compete fairly for Federal Highway
Administration-assisted contracts.
• To ensure the DBE Program is narrowly tailored in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to
participate as DBEs.
• To help remove barriers to the participation of DBEs in Federal Highway Administration-
assisted contracts.
• To assist the development of firms that can compete successfully in the marketplace outside
of the DBE Program.
• To provide appropriate flexibility to recipients of federal financial assistance in establishing
and providing opportunities for DBEs.
Sub-recipients - Reviews and Monitoring Procedures
The Town will conduct Title VI compliance reviews and monitoring of its sub-recipients of
Federal-aid highway or other Federal funds, to ensure adherence to Title VI requirements. The
Town‘s staff will periodically review operational guidelines provided to consultants, contractors,
and sub-recipients, including Title VI language, provisions, and related requirements, as
applicable.
The Town will also conduct periodic post grant reviews of select recipients of Federal highway
funds or other Federal funds, for roads, sidewalks, bridges, municipal construction, etc. to ensure
adherence to Title VI requirements.
When irregularities occur in the administration of Federal-aid highway programs at sub-recipient
levels, corrective action will be taken to resolve identified Title VI issues. The Town will seek the
cooperation of the consultant, contractor or other sub-recipient in correcting deficiencies found
during periodic reviews. The Town will provide technical assistance and guidance, upon request,
to support voluntary compliance by the sub-recipient.
When a sub-recipient fails or refuses to voluntarily comply with requirements, The Town will
submit to VDOT’s Civil Rights Administrator -Title VI Coordinator copies of the case file and a
recommendation that the sub-recipient be found in noncompliance.
A follow-up review will be conducted to ascertain if the sub-recipient has complied with the Title
VI Program requirements in correcting deficiencies previously identified. If the sub-recipient
refuses to comply, The Town and VDOT may, with FHWA’s concurrence, initiate sanctions per
49 CFR 21.
V. DISCRIMINATION COMPLAINT PROCEDURES
Any person who believes she or he has been discriminated against on the basis of race, color, and
national origin by the Town of Vinton (hereinafter referred to as “the Town”) may file a Title VI
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complaint by completing and submitting the agency’s Title VI Complaint Form. The Town will
investigate the complaint according to the procedures detailed in Appendix G.
Where can one file?
Complaints related to the Federal-aid highway program may be filed with the Town, VDOT,
FHWA Division Office, the FHWA Headquarters Office of Civil Rights (HCR), the USDOT
Departmental Office of Civil Rights, or the USDOJ.
When must one file?
According to USDOT regulations, 49 CFR §21.11(b), a complaint must be filed not later than 180
days after the date of the last instance of alleged discrimination, unless the time for filing is
extended by the processing agency.
What should a complaint look like?
Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail.
However, the complainant may call the receiving agency and provide the allegations by
telephone, and the agency should transcribe the allegations of the complaint as provided over the
telephone and send a written complaint to the complainant for correction and signature. A
complaint should contain the following information:
• A written explanation of the alleged discriminatory actions;
• The complainant’s contact information, including, if available: full name, postal
address, phone number, and email address;
• The basis of the complaint (e.g., race, color, national origin);
• The names of specific persons and respondents (e.g., agencies/organizations) alleged
to have discriminated;
• Sufficient information to understand the facts that led the complainant to believe that
discrimination occurred in a program or activity that receives Federal financial
assistance; and
• The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination
is on-going.
How are complaints routed?
FHWA Division Offices do not investigate Title VI complaints. Likewise, State DOTs and its
Subrecipients do not investigate complaints filed against themselves. Finally, FHWA is
responsible for all decisions regarding whether a complaint should be accepted, dismissed, or
referred to another agency.
With this understanding, complaints should be routed in the following ways:
• All complaints will be routed to the FHWA Headquarters Office of Civil Rights
(HCR) for processing. HCR is responsible for all determinations regarding whether to
accept, dismiss, or transfer Title VI complaints filed against the Town (a Subrecipient
of Federal financial assistance).
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• Complaints should be forwarded from the initial receiving agency through the Federal-
aid highway oversight hierarchy until the complaint reaches HCR. For example, if a
complaint is filed with the Town, the Town will forward the complaint to VDOT,
which will forward the complaint to the VDOT’s FHWA Division Office, which will
forward the complaint to HCR. If a complaint is filed with VDOT, VDOT will
forward the complaint to the VDOT’s FHWA Division Office, which should forward
the complaint to HCR.
• VDOT and the Town will log all complaints received.
• When HCR decides on whether to accept, dismiss, or transfer the complaint, HCR will
notify the Complainant, the FHWA Division Office, VDOT, and the Town.
Complaints may also be sent to HCR directly at:
U.S. Department of Transportation Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-105
What are the potential outcomes for processing a complaint?
There are four potential outcomes for processing complaints:
• Accept: if a complaint is timely filed, contains sufficient information to support a
claim under Title VI, and concerns matters under FHWA’s jurisdiction, then HCR will
send to the complainant, the respondent agency, and the FHWA Division Office a
written notice that it has accepted the complaint for investigation.
• Preliminary review: if it is unclear whether the complaint allegations are sufficient to
support a claim under Title VI, then HCR may (1) dismiss it or (2) engage in a
preliminary review to acquire additional information from the complainant and/or
respondent before deciding whether to accept, dismiss, or refer the complaint.
• Procedural Dismissal: if a complaint is not timely filed, is not in writing and signed, or
features other procedural/practical defects, then HCR will send the complainant,
respondent, and FHWA Division Office a written notice that it is dismissing the
complaint.
• Referral\Dismissal: if the complaint is procedurally sufficient but FHWA (1) lacks
jurisdiction over the subject matter or (2) lacks jurisdiction over the respondent entity,
then HCR will either dismiss the complaint or refer it to another agency that does have
jurisdiction. If HCR dismisses the complaint, it will send the complainant, respondent,
and FHWA Division Office a copy of the written dismissal notice. For referrals,
FHWA will send a written referral notice with a copy of the complaint to the proper
Federal agency and a copy to the USDOT Departmental Office of Civil Rights.
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The HCR is responsible for conducting all investigations of State DOTs and other primary
Recipients. In the case of a complaint filed against a Subrecipient, HCR may either conduct the
investigation itself, or it may delegate the investigation to VDOT. If HCR chooses to delegate the
investigation of a Subrecipient, HCR will communicate its acceptance of the complaint to the
complainant and respondent, but VDOT will conduct all data requests, interviews, and analysis.
VDOT will then create a Report of Investigation (ROI), which it will send to HCR. Finally, HCR
will review the ROI and compose a Letter of Finding based on the ROI.
What are the timeframes for investigation?
For FHWA, there is no regulatory timeframe for completing investigations. However, FHWA
strives to complete all tasks within 180 days from the date of acceptance.
If VDOT is delegated an investigation from FHWA, VDOT must complete the investigation
within 60 days of receipt (meaning the date it receives the delegated complaint from FHWA) as
stipulated in 23 CFR §200.9(b)(3)
How does the Investigating Agency gather information?
There are no regulatory requirements for how information is gathered, but VDOT and the Town
are required to keep detailed records on how they comply with Title VI and to provide USDOT
with access to documents and persons with relevant information. 49 CFR §21.9. Typically, the
respondent will receive at least one Request for Information (RFI) and Position Statement to
gather documents, and additional requests if necessary. Concurrently, the HCR or VDOT
investigator will schedule interviews with relevant parties and conduct site visits as necessary.
Once FHWA starts an investigation, what are the potential outcomes?
First, at any time during the investigation, either FHWA or the respondent may initiate informal
negotiations to resolve the issues. The FHWA always strives to resolve Title VI complaints
informally, if possible.
In the absence of such negotiations, HCR (or an investigator for VDOT) will draft a Report of
Investigation, which should contain all relevant data and findings, with legal conclusions and
potentially include recommendations for action. FHWA is responsible for the final disposition of
all complaints, including initiation and conduct of informal negotiations and the issuance of
Letters of Finding (LOFs).
There are five potential outcomes for concluding an investigation:
a. The FHWA makes a finding of no violation and the case will be closed with no further
action. The FHWA will issue an LOF stating in sufficient detail the reasons for the
determination of no violation.
b. If, by a preponderance of the evidence, FHWA determines the respondent has failed to
comply with its Title VI requirements or threatens to fail to comply by action or
inaction, then FHWA will inform the respondent and the matter will be resolved by
informal means whenever possible.
Page 19 of 43
o If FHWA informally resolves the matter with the respondent by agreement, then
FHWA will hold the complaint in abeyance until the respondent completes its
corrective actions. If the corrective actions are completed to the FHWA’s
satisfaction, then the complaint will be dismissed with no further action.
o If FHWA cannot informally resolve the matter or the respondent does not
complete agreed upon corrective actions, then FHWA may issue a LOF stating that
the Recipient is in noncompliance with its Title VI obligations.
c. If FHWA issues a LOF of noncompliance to the respondent, the LOF will request that
the respondent provide to FHWA, within 90 days, an action plan that implements the
recommendations in the LOF.
d. If FHWA approves the action plan, then the respondent will be given a reasonable
amount of time to implement the plan. At the end of the implementation period,
FHWA will assess whether the respondent has sufficiently corrected the deficiencies.
e. If FHWA does not approve the action plan, or the respondent is
nonresponsive/uncooperative, then FHWA may seek administrative sanctions,
including, but not limited to, suspension or termination of Federal funds or any other
means authorized by law such as referral to USDOJ for enforcement.
o If USDOT seeks to suspend or terminate funds, it must provide the respondent
with an opportunity for a hearing on the record. If the Secretary of Transportation
determines that the respondent has not complied with Title VI and voluntary
compliance cannot be secured, USDOT must notify Congress before that finding
goes into effect. 49 CFR.
VI. REVIEW OF TOWN DIRECTIVES
The Title VI Staff employs the following process to review the Town directives, policies and
practices:
• The Title VI Coordinator works collaboratively with a Title VI Specialists - a group
consisting of department directors or their appointees, who help to make and implement
policies. The committee works to ensure the Town directives are in keeping with Title VI of
the Civil Rights Act of 1964 and other federal nondiscrimination mandates;
• The Title VI Coordinator is included in the review process when Town directives are drafted
and polices implemented. This process affords the Title VI Coordinator an opportunity to
review for any possible Title VI issues.
• The Title VI Coordinator reviews all environmental documents, public meeting and hearing
transcripts to ensure staff is aware of any potential Title VI issues.
• The Title VI Coordinator serves on decision‐making committees as a Civil Rights Advisor to
ensure the Town directives are in accordance with the federal and state nondiscrimination
laws, rules, and regulations; and,
• The Title VI Coordinator works cooperatively with FHWA Division Civil Rights staff to
implement federal nondiscrimination directives.
Page 20 of 43
VII. COMPLIANCE AND ENFORCEMENT PROCEDURES
Remedial Action
The goal for Title VI and regulatory enforcement is to achieve voluntary compliance. If
deficiencies are found during a Title VI review, the Compliance Review Report will include a
draft corrective action plan (CAP) with projected due dates. The program area staff/Title VI
Liaison or the Subrecipient will be able to propose remedial actions to correct the deficiencies.
Program areas and Subrecipients are expected to correct all deficiencies according to their CAP
and provide periodic updates to the Title VI Coordinator assigned to the review. The Title VI
Coordinator will provide technical assistance, as needed, and work with the (program area’s) Title
VI Liaison or Subrecipient’s Title VI Coordinator to ensure implementation of the CAP. When
the Title VI Coordinator has determined that a sub- recipient’s deficiencies are sufficiently
corrected, the program area Title VI Liaison or the Subrecipient will be notified that the review
process is complete and no further progress reporting is needed. The Subrecipient will receive an
official Closeout Letter signed by the Town’s Title VI Coordinator.
Affecting Compliance
When an internal program area refuses to cooperate or comply with Title VI, the Title VI
Specialist will elevate the matter to the Coordinator, after which, the matter may be referred to the
State DOT Civil Rights Manager or responsible USDOT Operating Administration (OA).
When a Subrecipient fails to take appropriate corrective action in response to the findings of
deficiencies in the compliance report, the Subrecipient moves from a “deficiency status” to
noncompliance; the Town will submit two copies of the case file to the State DOT or FHWA with
a recommendation that the sub- recipient be found in noncompliance; and/or, may, with the
concurrence of the State DOT or FHWA (or other USDOT OA), initiate proceedings to impose
sanctions for noncompliance.
Sanctions
In the event that a Subrecipient or contractor (“recipient’) fails or refuses to comply with Title VI,
the first step taken by the internal program area with oversight of the recipient will be the Town
attempts the resolve the issue using the program area’s normal administrative solutions. However,
the Town may take any or all of the following steps, with the concurrence of VDOT or USDOT
(i.e., FHWA), if the recipient is uncooperative or nonresponsive during attempts by the Town to
voluntarily resolve the compliance issue:
a. Cancel, terminate, or suspend the contract or agreement in whole or in part;
b. Refrain from extending any further assistance to the recipient under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the recipient;
c. Take such other action that may be deemed appropriate under the circumstances, until
compliance or remedial action has been accomplished by the recipient; and/or,
d. Refer the case to the appropriate federal agency for appropriate administrative or legal
proceedings. Other means authorized by law.
Page 21 of 43
VIII. TITLE VI ASSURANCES (STANDARD DOT TITLE VI ASSURANCES – US DOT
1050.2A)
TITLE VI/NONDISCRIMINATION ASSURANCES
DOT Order No. 1050.2A
The Town of Vinton, (herein referred to as the “Recipient”), HEREBY AGREES THAT,
as a condition to receiving any Federal financial assistance from the U.S. Department of
Transportation (DOT), through the Federal Highway Administration, is subject to and will comply
with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and
"Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take
any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity," for which the Recipient receives Federal
financial assistance from DOT, including the Federal Highway Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect
to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975,
and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide
scope and coverage of these nondiscrimination statutes and requirements to include all
programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees
with and gives the following Assurances with respect to its federally assisted Highway Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§
21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity")
Page 22 of 43
facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a
"program") conducted in compliance with all requirements imposed by, or pursuant to the
Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests
for Proposals for work, or material subject to the Acts and the Regulations made in
connection with all Federal -Aid Highway Program and, in adapted form, in all proposals
for negotiated agreements regardless of funding source:
"The Town of Vinton in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every
contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant
running with the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance will extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend the
rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient,
or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates specific
authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
Page 23 of 43
10. The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the Town of Vinton also agrees to comply (and require any sub-
recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all
applicable provisions governing the USDOT access to records, accounts, documents, information,
facilities, and staff. You also recognize that you must comply with any program or compliance
reviews, and/or complaint investigations conducted by the USDOT. You must keep records,
reports, and submit the material for review upon request to USDOT, or its designee in a timely,
complete, and accurate way. Additionally, you must comply with all other reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The Town of Vinton gives this ASSURANCE in consideration of and for obtaining any Federal
grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal
financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the Federal-Aid Highway Program. This ASSURANCE is binding on the
Commonwealth of Virginia, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors and their subcontractors, transferees, successors in interest, and any other
participants in the Federal-Aid Highway Program. The person(s) signing below is authorized to
sign this ASSURANCE on behalf of the Recipient. Town of Vinton
By: Barry Thompson, Town Manager
Dated:
Page 24 of 43
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation, the Federal Highway Administration, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The contractor
will not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor's obligations
under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds
of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such
Acts, Regulations, and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish the information, the contractor will
so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate, including, but not limited
to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will
take action with respect to any subcontract or procurement as the Recipient or the Federal Highway
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation
by a subcontractor, or supplier because of such direction, the contractor may request the Recipient
to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may
request the United States to enter into the litigation to protect the interests of the United States.
Page 25 of 43
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the Town of Vinton will accept title to the lands and maintain the project constructed thereon in
accordance with the Virginia General Assembly, the Regulations for the Administration of the Federal-
Aid Highway Program and the policies and procedures prescribed by the Federal Highway Administration
of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed
by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S Department of
Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the
Town of Vinton all the right, title and interest of the U.S. Department of Transportation in and to said
lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the Town of Vinton and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used for
a purpose for which Federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits and will be binding on the Town of Vinton, its successors and assigns.
The Town of Vinton in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no
person will on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or
in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Town of Vinton will use the
lands and interests in lands and interests in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned
non-discrimination conditions, the Department will have a right to enter or re-enter said lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary
in order to make clear the purpose of Title VI.)
Page 26 of 43
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Town of Vinton pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permittee, etc.) will maintain and operate such facilities and services in compliance with
all requirements imposed by the Acts and Regulations (as may be amended) such that no
person on the grounds of race, color, or national origin, will be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, the Town of Vinton will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same
as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the
Town of Vinton will have the right to enter or re-enter the lands and facilities thereon, and the above
described lands and facilities will there upon revert to and vest in and become the absolute property
of the Town of Vinton and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Page 27 of 43
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the Town of Vinton pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that
(1) no person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that
in the construction of any improvements on, over, or under such land, and the furnishing of services
thereon, no person on the ground of race, color, or national origin, will be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee,
lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or
pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Nondiscrimination covenants, the Town of Vinton will have the right to terminate the (license,
permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon,
and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the
Town of Vinton will there upon revert to and vest in and become the absolute property of the
Town of Vinton and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Page 28 of 43
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 29 of 43
APPENDIX F
Town of Vinton Departments List
/Human
Resources/Risk Management Director
Town Manager Barry Thompson 540-983-0607
Assistant Town Manager/Economic
Development
Richard “Pete” Peters 540-343-1508
Community Programs & Vinton War
Memorial
Chasity Barbour 540-983-0613
Town Council Bradley Grose, Mayor
Sabrina McCarty, Vice Mayor
Keith Liles
Laurie Mullins
Page 30 of 43
APPENDIX G
Title VI Discrimination Complaint Form
and Complaint Log
Page 31 of 43
TOWN OF VINTON TITLE VI DISCRIMINATION COMPLAINT FORM
Instructions: Please fill out this form completely in blue or black ink or type. Sign and submit to the
Title VI Coordinator, 311 S. Pollard Street, Vinton, VA 24179. For assistance please call 540-983-0604.
THIS FORM IS OPTIONAL AND IS PROVIDED FOR YOUR CONVENIENCE.
Complainant Name:
Address: E-mail:
Home Telephone: Work: Cell:
If an authorized representative is filing this complaint on behalf of another person, his/her personal
information must also be included:
Representative Name:
Address: E-mail:
Home Telephone: Work: Cell:
Please tell us why you believe the discrimination occurred: Race, Color, National Origin, Other (Specify):
Date of Incident: Time of Incident:
Location or Address of Incident:
Describe your complaint:
What type of corrective action would you like to see be taken?
If the incident involved a Town of Vinton employee, please list his/her name:
Names and contact information of witnesses:
If your complaint is being filed on behalf of another person or group of people, all complaints must be
identified by name:
Complainant Signature: Date:
Authorized Representative Signature: Date:
Page 32 of 43
TOWN OF VINTON TITLE VI DISCRIMINATION COMPLAINT LOG
No. recipient Category Filed Final
Page 33 of 43
APPENDIX H
Demographic and LEP Encounter Log Form
Page 34 of 43
TOWN OF VINTON DEMOGRAPHICS
2010 CENSUS POPULATION
Total Population 8,098
One Race 7,934 98%
White 7,285 90%
Black or African American 452 5.6%
American Indian and Alaska Native 9 0.1%
Asian 78 1.0%
Native Hawaiian and Other Pacific Islander 4 0.0%
Some other race 118 1.5%
Two or More Races 164 2.0%
Hispanic or Latino (of any race) 230 2.8%
2017 American County Survey (ACS) DEMOGRAPHIC ESTIMATES
One Race 7,886 97.7%
White 7,007 86.8%
Black or African American 475 5.9%
American Indian and Alaska Native 0 0.0%
Asian 351 4.3%
Native Hawaiian and Other Pacific Islander 0 0.0%
Some other race 53 0.7%
Two or More Races 183 2.3%
Hispanic or Latino (of any race) 221 2.7%
2017 American Community Survey (ACS) LANGUAGE SPOKEN AT HOME
English Only 7,284 94.3%
Language other than English 437 5.7%
Speak English less than “very well” 99 1.3%
Spanish 174 2.3%
Speak English less than “very well” 8 4.6%
Other Indo-European languages 122 1.6%
Speak English less than “very well” 18 14.8%
Asian and Pacific Islander languages 120 1.6%
Speak English less than “very well” 520 43.3%
Page 35 of 43
LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM
Date of Encounter:
Encounter was: In-person By-phone Other:
Reason person was in your department:
Describe how (if) communication as accomplished:
Department Head’s Signature:
---------------------------------------------------------------------------------------------------------------------
LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM
Date of Encounter:
Encounter was: In-person By-phone Other:
Reason person was in your department:
Describe how (if) communication as accomplished:
Department Head’s Signature:
Page 36 of 43
APPENDIX I
I Speak Cards
Page 37 of 43
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APPENDIX J
Employee Acknowledgement
Page 41 of 43
An Equal Opportunity Employer
Town of Vinton values each individual’s civil rights and intends to provide equal opportunity
and equitable service for the citizens of this Town. As a recipient of federal funds, Town of
Vinton will conform to Title VI of the Civil Rights Act of 1964 as amended, and all related
statutes, regulations, and directives, which provide that no person shall be excluded from
participation in, denied benefits of, or subjected to discrimination on the grounds of race, color,
and national origin. Town of Vinton further assures every effort will be made to ensure
nondiscrimination in all of its programs and activities, regardless of whether those programs and
activities are federally funded.
All Town of Vinton employees are expected to consider, respect and observe nondiscrimination
laws and Town of Vinton’s Nondiscrimination policies in their daily work responsibilities and
interactions with other employees and the public. Town of Vinton employees should work to
prevent and alleviate any barriers to service or public use that would restrict public access or
usage and take prompt and reasonable action to avoid or minimize discrimination incidences. If
another employee or citizen approaches with a question, concern or complaint regarding
discrimination, please refer them to Town of Vinton’s Title VI Coordinator:
Donna Collins
Title VI Coordinator
Human Resources/Risk Management Director
311 S. Pollard Street
Vinton, VA 24179
Office: (540) 983-0604
Fax: (540) 283-6727
E-mail: dcollins@vintonva.gov
Employee Name: ___________________________________ Date: ______________________
(Please Print)
Employee Signature: ________________________________ Dept: _____________________
Employee signature confirms receipt and understanding of Town of Vinton’s Title VI policy.
Page 42 of 43
APPENDIX K
Public Involvement Survey
Page 43 of 43
VOLUNTARY TITLE VI
PUBLIC INVOLVEMENT SURVEY
Town of Vinton, Virginia
Completing this form is voluntary but encouraged. You are not required to provide the
information requested in order to participate in this meeting.
Title VI of the Civil Rights Act of 1964 states that “no person in the United States shall on the
ground of race, color, or national origin be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program, service, or activity receiving
federal financial assistance.” As a recipient of federal funds, Town of Vinton must provide
opportunity for the public to comment on programs, projects and activities that may affect them and the
Town. By completing this form, you are helping Town of Vinton to collect statistical data to aid in
assessing the Town’s outreach efforts to those who are affected and/or interested in Town programs,
projects and activities.
If you have any questions or concerns regarding this form, please contact Town of Vinton’s Title VI
Coordinator, Donna Collins, 311 S. Pollard St., Vinton, VA 24179; Office (540) 983-0604; E-mail
dcollins@vintonva.gov; Fax (540) 283-6727.
Please fold and place the completed survey in the box provided or you may mail, E-mail, or fax
to the Title VI Coordinator. Thank you for your participation!
Meeting attended:
□ Council Meeting ☐ Commission Meeting ☐ Other:______________________
Gender: ☐ Female ☐ Male Ethnicity: ☐ Hispanic or Latino ☐ Not Hispanic or Latino
National Origin: ☐ USA ☐ Other
Race: ☐ American Indian or Alaska Native ☐ Asian ☐ Black or African-American
□ Native Hawaiian or Other Pacific Islander ☐ White ☐ Multiracial
☐ 1-21 ☐ 22-40 ☐ 41-65 ☐ 65+ Disability: ☐ Yes ☐ No
Household income:
□ 0 - $12,000 ☐ $12,001 - $24,000 ☐ $24,001 - $36,000
□ $36,001 - $48,000 ☐ $48,001 - $60,000 ☐ $60,001 +
Comments:
Last Page Left Intentionally Blank
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
AUGUST 18, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT
TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED.
RESOLUTION TO AMEND THE TOWN OF VINTON
TITLE VI IMPLEMENTATION PLAN
WHEREAS, the Town of Vinton has actively pursued and received Virginia Department of
Transportation (VDOT) funds that are provided through the Federal Highway Administration
(FHWA) for its greenways and road improvement projects; and
WHEREAS, the Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid
funding, is required to fulfill the provisions of Title VI of the Civil Rights Act of 1964, 49 Code
of Federal Regulation (CFR) Part 21, 23 CFR Part 200 and other applicable directives; and
WHEREAS, these provisions provide that no person in the United States shall, on the grounds
of race, color or national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which a LPA receives
federal assistance; and
WHEREAS, as a recipient of federal-aid and other types of funding, the Town of Vinton strives
to achieve nondiscrimination in all its programs and activities whether or not those programs and
activities are federally funded; and
WHEREAS, these efforts to prevent discrimination will address, but not be limited to, a
program’s impact upon access, benefits, participation, treatment, services, contracting
opportunities, training opportunities, investigation of complaints, allocation of funds, prioritization
of projects, and the functions of right-of-way, research, planning, design, construction, and project
development; and
WHEREAS, Town of Vinton will ensure that every manager, supervisor, employee, and sub-
recipient of federal-aid funds administered by the LPA is aware of and applies the intent and spirit
of Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities in performing
assigned duties; and
WHEREAS, every employee and representative of Town of Vinton shall perform all official
duties and actions in full accord with Title VI of the Civil Rights Act of 1964, applicable statutes,
executive orders, regulations, and policies enunciated in the Town of Vinton Title VI
Implementation Plan; and
WHEREAS, on March 3, 2020, the Town Council adopted Resolution no. 2347, authorizing the
Town Manager to prepare and submit the Town of Vinton Title VI Implementation Plan to VDOT;
and
2
WHEREAS, upon submittal to VDOT on March 5, 2020, and upon review of VDOT Salem
District and Richmond Central Office, on June 9, 2020, Town personnel was informed that minor
revisions need to be made to the Town’s Title VI Implementation Plan; and
WHEREAS, the revisions pertain to the list of protected status that have been listed throughout
the document, the list should only include three protected status as listed under Title VI: race,
color, or national origin; Title VI/ADA Coordinator has been revised to Title VI Coordinator on
the applicable pages of the document; Title VI has been added on the applicable pages throughout
the document; Appendix F, Title VI/ADA Coordinator on Page 29 has been revised to Title VI
Coordinator; the title of Appendix G Grievance Form and Complaint Log on Page 30 has been
revised to Title VI Discrimination Complaint Form and Complaint Log; and Town of Vinton
Grievance Form on Page 31 has been revised to Town of Vinton Title VI Discrimination
Complaint Form and the list of discrimination protected status has been revised to only list race,
color, and national origin; and Appendix J Employee Acknowledgement Form on Page 41, list of
protected status has been revised to only list race, color, and national origin, and ADA & Title VI
Coordinator has been revised to Title VI Coordinator; and Appendix K Public Involvement
Survey, in the Voluntary Title VI Public Involvement Survey form on Page 43 the contact
information has been revised from Title VI/ADA Coordinator to Title VI Coordinator.
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council has authorized the
Town Manager or his authorized agent to amend the Title VI Implementation Plan identified herein
for Town Council’s approval and adoption prior to the re-submittal to VDOT Civil Rights
Division.
BE IT FURTHER RESOLVED, that the Vinton Town Council does hereby approve and adopt
the Town of Vinton Title VI Implementation Plan.
This Resolution adopted on motion made by Council Member _____________, seconded by Council
Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_____________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
August 18, 2020
Department
Finance Department
Issue
Briefing on updates to the September 17, 2013 Purchasing Policy
Summary
The Town’s current purchasing policy was adopted in 1997 and was revised in 2013. The policy
dictates the procedures for purchases that fall under $50,000.00 or professional services less than
$30,000.00.
As proposed, all purchases under $100,000 or professional services less than $30,000 will follow
the procedures established in the proposed policy. The purpose is to first, maximize the
competitive environment by which the town procures goods and services. Second, is to allow for
efficient and timely decision to be made to ensure the best value for spending public dollars. Our
current policy is very restrictive and may require additional staff time to procure smaller purchases
that could be purchased with one quote.
The proposed policy falls in line with the Commonwealth’s purchasing guidelines that allow for
the elected body’s establishment of small purchasing procedures for goods under $100,000.00.
Following evaluation and input from the Finance Committee, staff is recommending that the
threshold for small purchases to be set at $100,000.00 for goods and services and remain at
$30,000.00 for professional services. Items or services greater than the small purchasing
thresholds would be procured through formal bidding and requests for proposals as dictated by the
Commonwealth.
The format of the Policy has been updated to coincide with other updated Town policies. The only
revisions for Council’s consideration are included in the PowerPoint presentation and all other
content of the 2013 Policy will remain the same.
Attachments
Draft Purchasing Policy
PowerPoint Presentation
Recommendations
No action required
Town Council
Agenda Summary
1
TOWN OF VINTON
PURCHASING POLICY & PROCEDURES
This policy is adopted to guide the Town of Vinton in obtaining high quality goods and services
at reasonable cost, in conducting all procurement procedures in a fair and impartial manner with
avoidance of any impropriety or appearance of impropriety. The Town of Vinton provides an equal
competitive opportunity to all vendors by promoting competitive bidding and/or negotiation, while
establishing and maintaining trust, confidence, and cooperation with all vendors. The statutes
governing the procurement of goods and services by government entities is contained in the
Virginia Public Procurement Act (VPPA).
1. SMALL PURCHASES
a. Purchases of $5,000 or less. This level of purchase is delegated to the using
department head or designee(s) without obtaining quotations or keeping records for
procurement purposes. Purchases less than $5,000 up to the limit on the
cardholder’s account may be accomplished through the use of a Town Credit Card.
Users are encouraged to compare pricing and utilize previous research when
purchasing at this level.
b. Purchases between $5,000.01 and $20,000. This level of purchase shall be made
on the open market on the basis of terms most financially advantageous to the
Town. It shall be accomplished through the use of a least two attempted telephone,
written, catalog or electronic quotations. The using department should obtain these
quotations and forward to the Purchasing Agent or Designee for review and
purchase order issuance.
c. Purchases between $20,000.01 and $50,000.00. This level of purchase shall be
made on the open market on the basis of terms most financially advantageous to
the Town. It shall be accomplished through the use of at least three attempted
written or electronic quotations. The using department should obtain these
quotations and forward them to Purchasing Agent or Designee for review and
purchase order issuance.
d. Purchases between $50,000.01 and $100,000. This level of purchase shall be made
on the open market on the basis of terms most financially advantageous to the
Town. It shall be accomplished through the use of at least four written or electronic
quotations. The Purchasing Agent or Designee shall obtain these quotations.
2. LARGE PURCHASES
Large purchases are defined as any purchase whereby supplies, goods, construction and
services are estimated to cost $100,000.00 and above and professional services over
$30,000. This level of purchase requires that a formal Invitation for Bid or Request for
Proposal be issued. This shall be accomplished by soliciting interested bidders and those
vendors on the Town's bid list. A legal ad shall also be published in the local newspaper
and/or posted on a bulletin board assessable to the general public.
2
Notation: The Invitation for Bid and Request for Proposal are two distinctly different
methods of procurement. In general, an Invitation for Bid is the most common and contains
specifications, a public bid opening, posted bid tabulations, and a firm price offer from a
vendor which may not be changed (unless the price is over the town' s budgeted amount).
The Request for Proposal differs in that it is a negotiated procurement. Offers are opened
in private with no information regarding contents and prices being released until after the
negotiation process.
3. PROFESSIONAL SERVICES
Professional Services between $10,000.01 and $30,000. This level of purchase shall be
made on the open market and the shall be accomplished through the use of at least three
attempted written or electronic quotations with emphasis on qualifications, experience,
suitability and timeliness. Cost shall not be the sole determining factor. The Purchasing
Agent or Designee will obtain these quotations.
4. EXCEPTIONAL PROCUREMENT POLICY
a. Purpose
This guideline establishes the policies and procedures concerning the purchase of
items or services that are exempt from the requirements of applicable policies
covering small, intermediate, or large purchases.
b. Responsibility
Specific responsibility is assigned to the Town Manager and/or designee to review
purchases made under the provisions outlined in this policy for compliance with
these regulations and to all department heads for seeking to avoid using provisions
of this policy that limit competition.
c. Policy
Normal purchasing policies shall be suspended for purchases made under the
following provisions:
(1) Sole Source - when determined in writing by the individual responsible for
procurement of an item or service that there exists only one source capable
of providing an item or service as specified or of equal quality, the Town
Manager or designee may issue a request for purchase order. The individual
or department head making this request shall explain in writing the basis for
determination of why this vendor is considered the sole source. The Town
Manager or designee may require the department head to lessen the
specifications in order to pre-qualify additional vendors and seek
competitive bids. The designation of a vendor as sole source is applicable
to a single P.O. and permission for future sole source purchases will be
considered on a case-by-case basis. If sole source designation is assigned,
this fact is denoted on the request for P.O. and all other documents related
3
to the purchase. All other requirement of purchasing policies applicable to
the value of the purchase shall remain in effect.
(2) Emergency Purchase - in cases of emergency, contracts may be entered into
or purchases made without competitive bidding or competitive negotiations.
However, this provision should be avoided if at all possible and practical
under the circumstances. A formal, written documentation of the basis for
the emergency and the reasons for selection of the particular vendor or
contractor shall be made available to the Town Manager as soon as possible.
He/she shall then issue a written notice that the purchase or contract was
awarded on an emergency basis, identifying that which was procured, and
the date of the procurement or award of contract. This notice shall be posted
in a public place within the Vinton Municipal Building prior to actually
making the purchase or awarding the contract for service, if possible, or as
soon as practical thereafter.
This purchase will be placed on a request for P.O. and will be signed by the
Town Manager and forwarded to the Finance Department as quickly as
possible for processing. In the event the Town Manager is unavailable to
make a determination of emergency purchases, his/her designee may be
empowered to make such decision. All other requirements of purchasing
policies applicable to the value of the purchase shall remain in effect.
(3) State Contract - items purchased off contracts negotiated by the Virginia
Department of General Services will not require any competitive bids.
However, should a similar item of equal quality and at less cost be obtained
from another vendor, the regular purchasing policies will still be effective,
with the state contract price shown on quotation forms as a comparative bid.
If the state contract is used, notation of such and contract number should be
made on the request for P.O. and forwarded to the approving authority for
further processing according to the policy applicable to the value of the
purchase. The Finance Department should denote the state contract number
on the P.O. when processing. All other requirements of purchasing policies
applicable to the value of the purchase shall remain in effect.
(4) Cooperative Procurement - items or services purchased in conjunction with
another public body or agency for the purpose of combining requirements
to increase efficiency or reduce administrative expense on projects or
services participated jointly with the Town of Vinton. A public body may
also purchase from another public body's contract even if it did not
participate in the request for proposal or invitation to bid, if the request for
proposal or invitation to bid specified that the procurement was being
conducted on behalf of other public bodies, except for instances stated in
Sec. 2.2-4304 of the Virginia State Code. When entering into such an
agreement, it shall be determined by the Town Council of the Town of
Vinton which locality will be responsible for purchasing and/or contracting
of services and the subsequent use of procurement policies of such lead
locality. If another locality is deemed to be the lead agency, any invoices
4
presented to the Town for reimbursement will be noted as such on the
invoice and appropriate purchasing documents. If the Town of Vinton is the
lead agency, all procurement policies of the Town applicable to the amount
of the invoice will apply.
(5) Repetitive Operating Services - for services of recurring operations of the
government of the Town of Vinton and which generally is available from a
sole source and routine in nature. Examples include utilities such as power,
natural gas, and telephone. While no P.O. is needed, the authorizing
department head must approve the invoice, but only after reviewing for
accuracy and discounting for expenses due from employees, such as long-
distance personal telephone calls. Exempted items or services will onl y be
charged to object codes identified for repetitive services or utilities (i.e.
object codes #510, electricity; 521, telephone; other utilities, all object codes
dealing with salaries or fringe benefits of Town employees, etc.).
(6) Contractual Items - items may be bid competitively on a recurring basis
for goods or services deemed most cost effective to do such. Examples
may include gasoline for Town vehicles, chemicals, asphalt, concrete,
salt for snow removal, maintenance service agreements, communication
equipment, contracted services provided by Roanoke County or other
government, and other goods and services fiscally feasible to procure on
a contractual basis to guarantee long term costs. Contractual items must
meet all purchasing requirements applicable to the aggregate costs of the
term of the contract, including competitive bidding, but does not require
a request for P.O. or actual P.O. One (1) copy each of any contract for
goods or services must be forwarded to the Town Manager' s office and
to the Finance Director/Treasurer to be filed for audit purposes. Any
invoices for these goods or services must be clearly marked " Contract
Purchase" and approved by the appropriate department head prior to
processing.
(7) Open-End Purchase Orders - can be issued and approved by the Town
Manager, upon request by the department head, for a "not to exceed
amount". An open-end purchase order must be approved by the Town
Manager, regardless of the amount requested. The P.O. must also state a
"not valid after "date to ensure closure on the document. Open-end
purchase orders can be used by the Town when unknown items at
unknown costs will need to be purchased from a single vendor. Credit
cards purchases will be made only upon issuance of an open-end
purchase order requested by the proper authority, based upon the dollar
value anticipated. The P.O. Request should clearly state in general terms
the type of items anticipated to be purchased. Open-end purchases
should only be used in situations where due to the volume of items to be
purchased and the uncertainty of exact items needed, informal bidding
is not practical or efficient. Open end purchasing may also be used when
purchasing specific items at public auction when authorized to do so by
Town Council through legal resolution.
5
d. Procedure
All applicable purchasing policies of the Town of Vinton (unless otherwise
noted) should be followed with the variations cited per exception. The Town
Manager should be consulted if ambiguities are present, with the decision o f
the Town Manager on interpretation of this Exception Procurement Policy
being final.
Adopted by Vinton Town Council on [DATE], by Resolution No. {}.
Purchasing Policy Changes
Town Council Meeting –August 18, 2020
Small Purchases –Level One
Purchases of $1,000 or less. This level of purchase is delegated to the using department head
or designee(s) without obtaining quotations or keeping records. Purchases of $1,000 or less
may be accomplished through the use of a local supply order or the Visa/Purchasing Card.
Users are encouraged to compare pricing and utilize previous research when purchasing at this
level
Purchases of $5,000 or less. This level of purchase is delegated to the using department head
or designee(s) without obtaining quotations or keeping records for procurement purposes.
Purchases less than $5,000 up to the limit on the cardholder’s account may be accomplished
through the use of a Town Credit Card. Users are encouraged to compare pricing and utilize
previous research when purchasing at this level.
Town of Vinton, Virginia 2
Small Purchases –Level Two
Purchases between 1,000.01 and 10,000.This level of purchase shall be made on the open
market on the basis of terms most advantageous to the Town. It shall be accomplished through
the use of a least two attempted telephone, written, catalog or electronic quotations. The
using department should obtain these quotations and forward to Purchasing for review and
purchase order issuance.
Purchases between $5,000.01 and $20,000.This level of purchase shall be made on the open
market on the basis of terms most financially advantageous to the Town. It shall be
accomplished through the use of a least two attempted telephone, written, catalog or
electronic quotations. The using department should obtain these quotations and forward to
the Purchasing Agent or Designee for review and purchase order issuance.
Town of Vinton, Virginia 3
Small Purchases – Level Three
Purchases between $10,000.01 and $30,000. This level of purchase shall be made on the open
market on the basis of terms most advantageous to the Town. It shall be accomplished through
the use of at least three attempted written or electronic quotations. The using department
should obtain these quotations and forward them to Purchasing for review and purchase order
issuance.
Purchases between $20,000.01 and $50,000.00. This level of purchase shall be made on the
open market on the basis of terms most financially advantageous to the Town. It shall be
accomplished through the use of at least three attempted written or electronic quotations. The
using department should obtain these quotations and forward them to Purchasing Agent or
Designee for review and purchase order issuance.
Town of Vinton, Virginia 4
Small Purchases – Level Four
Purchases between $30,000.01 and $50,000.This level of purchase shall be made on the open
market on the basis of terms most advantageous to the Town. It shall be accomplished through
the use of at least four written or electronic quotations. The Purchasing Division shall obtain
these quotations.
Purchases between $50,000.01 and $100,000.This level of purchase shall be made on the
open market on the basis of terms most financially advantageous to the Town. It shall be
accomplished through the use of at least four written or electronic quotations. The Purchasing
Agent or Designee shall obtain these quotations.
Town of Vinton, Virginia 5
Professional Services and Large Purchases
Professional services and large purchases shall be procured competitively with no changes to
the Town’s policy and procedures.
Town of Vinton, Virginia 6
Meeting Date
August 18, 2020
Department
Planning and Zoning
Issue
Consider adoption of an Ordinance permanently abandoning, vacating, and deeding an unnamed 12’ right-
of-way to Longwood Apartments, LLC
Summary
The unnamed 12’ right-of-way dedicated in Block 5, is described on the Midway Plat as “vacated”; however,
an exhaustive search of Town of Vinton and Roanoke County land records has failed to yield any definitive
proof that the right-of-way had been formally or properly vacated previously.
Section 15.2-2272 of the Code of Virginia (1950), as amended, provides in relevant part that a plat or part
thereof may be vacated “by instrument in writing agreeing to the vacation signed by all the owners of lots
shown on the plat and also signed on behalf of the governing body of the locality in which the land shown
on the plat or part thereof to be vacated lies for the purpose of showing the approval of the vacation by the
governing body,” and that the instrument of vacation shall be acknowledged in the manner of a deed and
filed for record in the clerk’s office of any court in which the plat is recorded.
The Grantee is the only lot owner immediately adjoining or contiguous to the vacated area, and the vacation
does not impede or alter drainage or access for any other lot owners. A survey was completed to accommodate
the proposed deed of vacation.
Attachments
Deed of Vacation with Exhibits A and B
Ordinance
Recommendation
Motion to adopt Ordinance
Town Council
Agenda Summary
1
Prepared by:
Ryan L. Pry (VSB #74181)
Ryan L. Pry, P.C.
701B W. Main St.
Radford, VA 24141
The existence of title insurance is unknown to preparer.
Tax Map #
Grantee’s address:
THIS DEED OF VACATION, entered into this day of August, 2020, by and
between the Town of Vinton, as Grantor, and Longwood Apartments, LLC, a Virginia limited
liability company, as Grantee, sets forth as follows:
1. By original plat of survey titled “MIDWAY. Property of the Midway Land Company
Roanoke, VA 1889” (the “Midway Plat”), which plat is of record in the Office of the Clerk of the
Circuit Court for Roanoke County, Virginia at Plat Book 1, Page 7, a certain unnamed 12’
right-of-way is dedicated in Block 5, running in a generally east-to-west direction, heading west
from Glade Street between Lots 8-12 (on the southern edge of the unnamed right-of-way) and
Lots 13-17 (on the northern edge of the unnamed right-of-way), a copy of which is attached
hereto as Exhibit A.
2. Section 15.2-2272 of the Code of Virginia (1950), as amended, provides in relevant
part that a plat or part thereof may be vacated “by instrument in writing agreeing to the vacation
signed by all the owners of lots shown on the plat and also signed on behalf of the governing
body of the locality in which the land shown on the plat or part thereof to be vacated lies for the
purpose of showing the approval of the vacation by the governing body,” and that the instrument
of vacation shall be acknowledged in the manner of a deed and filed for record in the clerk’s
office of any court in which the plat is recorded.
3. Longwood Apartments, LLC is the current record owner of all lots shown on the
Midway Plat that surround the dedicated unnamed 12’ right-of-way dedicated in Block 5, and
all land shown on the Midway Plat is now part of the Town of Vinton, County of Roanoke,
Virginia.
4. The parties hereto desire to vacate the unnamed 12’ right-of-way dedicated in Block 5,
as originally shown on the Midway Plat and further described on that recent survey entitled
“Exhibit Showing the Proposed Vacation of a 12’ ALLEY (2,400 S.F. - 0.0551 AC.) located on
Roanoke County Tax #060.11-03-01.00-0000 Being Lots 1 through 17 & Vacated Alley Block 5,
Midway - P.B. 1, PG. 7 Situated at 220 8th Street, Vinton Magisterial District”, prepared by
Larry Thomas Ogle, Jr., Land Surveyor, and dated 07/01/2020, a copy of which is attached
hereto as Exhibit B. Grantee is the only lot owner immediately adjoining or contiguous to the
vacated area, and the vacation does not impede or alter drainage or access for any other lot
owners.
2
5. The unnamed 12’ right-of-way dedicated in Block 5, is described on the Midway Plat
as “vacated”; however an exhaustive search of Town of Vinton and Roanoke County land
records has failed to yield any definitive proof that the right-of-way had been formally or
properly vacated previously.
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the mutual covenants and benefits accruing
unto the parties hereto and acting pursuant to Section 15.2-2272 of the Code of Virginia (1950),
as amended, the aforesaid parties, on behalf of themselves, their assigns and successors in
interest, do hereby vacate the unnamed 12’ right-of-way located in Block 5, as described on the
Midway Plat, and as further described as the “12’ Alley” on the Exhibit B, attached hereto and
incorporated by reference.
WITNESS THE FOLLOWING SIGNATURES:
Longwood Apartments, LLC,
A Virginia limited liability company
BY:
Print name:
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to-wit:
The foregoing instrument was signed in my presence by ,
of Longwood Apartments, LLC, a Virginia limited liability
company, on behalf of the company, on this day of , 2020.
Notary Public
My Commission Expires:
Notary ID #
3
Town of Vinton
BY: ____
Print name:
Title: ____
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to-wit:
The foregoing instrument was signed in my presence by ,
Mayor of the Town of Vinton, Virginia, on this day of _______________, 2020.
Notary Public
My Commission Expires:
Notary ID #
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1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
AUGUST 18, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT
TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED
AN ORDINANCE permanently abandoning, vacating, and deeding unnamed 12’ right-
of-way dedicated in Block 5, as originally shown on the Midway Plat and further described on that
recent survey entitled “Exhibit Showing the Proposed Vacation of a 12’ ALLEY (2,400 S.F. -
0.0551 AC.) located on Roanoke County Tax #060.11-03-01.00-0000 Being Lots 1 through 17 &
Vacated Alley Block 5, Midway - P.B. 1, PG. 7 Situated at 220 8th Street, Vinton Magisterial
District”, prepared by Larry Thomas Ogle, Jr., Land Surveyor, and dated 07/01/2020 to the
adjoining property owner.
WHEREAS, the original plat of survey titled “MIDWAY. Property of the Midway Land
Company Roanoke, VA 1889” (the “Midway Plat”), which plat is of record in the Office of the
Clerk of the Circuit Court for Roanoke County, Virginia at Plat Book 1, Page 7, a certain unnamed
12’ right-of-way is dedicated in Block 5, running in a generally east-to-west direction, heading
west from Glade Street between Lots 8-12 (on the southern edge of the unnamed right-of-way)
and Lots 13-17 (on the northern edge of the unnamed right-of-way), described hereinafter ; and
WHEREAS, Section 15.2-2272 of the Code of Virginia (1950), as amended, provides in
relevant part that a plat or part thereof may be vacated “by instrument in writing agreeing to the
vacation signed by all the owners of lots shown on the plat and also signed on behalf of the
governing body of the locality in which the land shown on the plat or part thereof to be vacated
lies for the purpose of showing the approval of the vacation by the governing body,” and that the
instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the
clerk’s office of any court in which the plat is recorded; and
WHEREAS, Longwood Apartments, LLC is the current record owner of all lots shown on
the Midway Plat that surround the dedicated unnamed 12’ right-of-way dedicated in Block 5, and
all land shown on the Midway Plat is now part of the Town of Vinton, County of Roanoke,
Virginia; and
WHEREAS, the parties hereto desire to vacate the unnamed 12’ right-of-way dedicated in
Block 5, as originally shown on the Midway Plat and further described on that recent survey
entitled “Exhibit Showing the Proposed Vacation of a 12’ ALLEY (2,400 S.F. - 0.0551 AC.)
located on Roanoke County Tax #060.11-03-01.00-0000 Being Lots 1 through 17 & Vacated Alley
Block 5, Midway - P.B. 1, PG. 7 Situated at 220 8th Street, Vinton Magisterial District”, prepared
by Larry Thomas Ogle, Jr., Land Surveyor, and dated 07/01/2020. Grantee is the only lot owner
immediately adjoining or contiguous to the vacated area, and the vacation does not impede or alter
drainage or access for any other lot owners; and
WHEREAS, the unnamed 12’ right-of-way dedicated in Block 5, is described on the
Midway Plat as “vacated”; however an exhaustive search of Town of Vinton and Roanoke County
land records has failed to yield any definitive proof that the right-of-way had been formally or
properly vacated previously.
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THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that
the undeveloped public right-of-way situated in the Town of Vinton, Virginia; more particularly
described as:
The unnamed 12’ right-of-way dedicated in Block 5, as originally shown on the
Midway Plat and further described on that recent survey entitled “Exhibit Showing
the Proposed Vacation of a 12’ ALLEY (2,400 S.F. - 0.0551 AC.) located on
Roanoke County Tax #060.11-03-01.00-0000 Being Lots 1 through 17 & Vacated
Alley Block 5, Midway - P.B. 1, PG. 7 Situated at 220 8th Street, Vinton
Magisterial District”, prepared by Larry Thomas Ogle, Jr., Land Surveyor, and
dated 07/01/2020
be, and is hereby permanently abandoned, vacated, and deeded to the adjoining property owner,
and that all rights and interests of the public in and to the same be, and hereby are released insofar
as the Council of the Town of Vinton is empowered so to do with respect to the closed the right-
of-way.
BE IT FURTHER ORDAINED that the Mayor is hereby authorized, for and on behalf
of the Town, to execute the necessary documents, including a Deed of Vacation, to permanently
abandon and vacate the herein described undeveloped public right-of-way.
BE IT FURTHER ORDAINED that the adjoining property owner shall, upon said Deed
of Vacation being recorded by the Clerk of the Circuit Court of the County of Roanoke, Virginia,
where deeds are recorded in such Clerk’s Office, file with the Town Clerk of the Town of Vinton,
Virginia, the Clerk’s receipt, demonstrating that such recordation has occurred.
This ordinance shall be in full force and effect upon passage.
This ordinance adopted on motion made by Council Member ____________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
______________________________
Bradley E. Grose, Mayor
ATTEST:
_______________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
August 18, 2020
Department
Human Resources
Issue
Consider adoption of a Resolution adopting the new Town of Vinton Employee Handbook
Summary
Town Council adopted the current Employee Handbook by Resolution No. 1804 dated November
18, 2008.
An additional addendum was added in reference to Employee Service Recognition for Retirees.
This was previously approved by Council on January 2, 2001.
The draft Employee Handbook has been updated with feedback from the Leadership Team and
legal guidance from our Town Attorney, Jeremy Carroll.
Attachments
Town of Vinton Employee Handbook
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
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HANDBOOK INTRODUCTION
We prepared this handbook to help you as an employee find the answers to many questions
that you may have regarding your employment with the Town of Vinton. Please take the
necessary time to read it.
We do not expect this handbook to answer all questions. Management and Human
Resources also serve as a major source of information. It is each employee’s responsibility
to understand and comply with all policies of the Town of Vinton, including those contained
in this Employee Handbook. If you have any questions about any policy, including those
contained in this handbook, it is your responsibility to get clarification from a member of
management.
Town Council’s objective in adopting these policies and procedures is to provide a uniform
system of personnel administration for Town employees, based on merit principles and
professional ability, equitable compensation, open competition in hiring and advancement,
and equal employment opportunities. These policies and procedures consist of rules and
regulations that provide for the general administration of personnel matters, a classification
plan for employees, a uniform pay plan, and a procedure for resolving certain employee
grievances.
The Town of Vinton is an equal opportunity employer. Applicants and employees will not be
discriminated against or harassed on the basis of their race, color, creed, religion, sex,
sexual orientation, gender identity, pregnancy, childbirth or related medical condition,
national origin, age (40 or older), marital status, disability, genetic information, military or
veteran's status, or any other class protected by applicable federal, state or local law. The
Town also will not retaliate against any employees or applicants for complaining about
possible discrimination or harassment or participating in the investigation of a complaint
about possible discrimination or harassment.
Neither this handbook nor any other verbal or written communication by a management
representative is, nor should it be considered to be, an agreement, contract of employment,
express or implied, or a promise of treatment in any particular manner in any given
situation, nor does it confer any contractual rights whatsoever. The Town of Vinton adheres
to the policy of employment at will, which permits the Town of Vinton or the employee to
end the employment relationship at any time, for any reason, with or without cause or
notice.
Only the Town Manager may enter into an employment contract or otherwise modify the at-
will status of an individual employee or group of employees. To be effective, any such
contract or modification must be in writing and signed by the Town Manager.
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Many matters covered by this handbook, such as benefit plan descriptions, are also
described in separate Town of Vinton documents. These Town of Vinton documents are
always controlling over any statement made in this handbook or by any member of
management; however, those other documents also do not create any employment
contract.
Additionally, it is the policy of the Town of Vinton to strive for safety in all activities and
operations, to comply with applicable health and safety laws, and to provide public and
work areas that are free of hazardous condition
This handbook states only general Town of Vinton guidelines. The Town of Vinton
specifically reserves the right to modify or amend these policies at any time, with or without
notice. None of these provisions shall be deemed to create a vested contractual right in any
employee or to limit the power of the Town Manager or Town Council to repeal or modify
these Rules, including those contained in this handbook, as necessary.
The policies are not to be interpreted as promises of specific treatment; however, the Town
Manager will make a good faith effort to keep these policies and procedures consistent on
an annual basis contingent upon the availability of adequate financial resources.
This handbook supersedes all prior handbooks and any personnel policies that are defined
in individual department handbooks.
This handbook is a source of information about your employment with the Town. This
handbook is not all-inclusive and is only a set of guidelines. If you need further assistance
with the matters covered by it, please contact the Human Resources Director or the Town
Manager. If there is any ambiguity in this handbook or if an issue arises that is not
addressed in this handbook, then the Town Manager will be responsible for interpreting
such ambiguity or addressing such situation as he or she deems appropriate.
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Table of Contents
Section 1: Governing Principles of Employment…………………………………7
Welcome Message
Government
Mission Statement
Vision Statement
Equal Employment Opportunity
Code of Ethics
Severability
Section 2: General Employment Practices…………….……………….……......10
Employment Philosophy
At Will Employment
Equal Employment Opportunity
Anti-Discrimination and Anti-Harassment Policy
Anti-Retaliation Policy
Accommodating Individuals with Disabilities
Employment Records
Performance Review
Job Postings
Job Description Standards
Open Door Policy
Employee Classifications
Probationary Period
Relationship with Citizens
References
Hiring Relatives/Employee Relationships
Outside Employment
Debt Recovery
Inspections
Same-Sex Marriages, Civil Unions and Domestic Partnerships
4
Section 3: Workplace Expectations……………………….……………...……….19
Standards of Conduct Policy
Types of Discipline
Grievance Policy
Immediate Suspension
Punctuality and Attendance
Use of Social Media
Personal Visits and Telephone Calls
Bulletin Boards
ID Badge Policy
Confidential Information
Conflict of Interest and Business Ethics
Publicity/Statements to the Media
Employee Dress and Hygiene Policy
Section 4: Safety and Security…………………………………………...…….…29
Workplace Violence
Procedure for reporting a threat
Suspicious Threat Event Policy
Pandemic Virus Policy
Drug-Free and Alcohol-Free Workplace
Tobacco Policy
Town Vehicles
Camera Phones/Recording Devices
Inclement Weather
Town Property
Electronic Communication
Use of Facilities, Equipment and Property
Worker’s Compensation
Safety Policies and Procedures
Communication Devices While Driving
Section 5: Benefits…………………………….……………………………….……40
Benefits Disclaimer
Health, Vision, and Dental Insurance
Life Insurance
Flex Spending Accounts
Professional Development
Certification Reimbursement
Tuition Reimbursement
Lactation Breaks
Employee Assistance Program
Retirement Plan
Retiree Group Health Insurance
Deferred Compensation
5
Section 6: Pay Practices …………………………………………….………….……45
Introduction
Classification of Employees
Job Descriptions
Pay Policies
Salary Adjustments
Paycheck
Direct Deposit
Acting Status Compensation
Service Pay
Pay Scale
Position Establishment and Abolishment
Starting Pay
Promotions
Internal Transfers
Demotion
Vacation Cash Out – Hardship
Working Hours and Schedule
Time Keeping Procedures
Overtime
Errors in Payment
Compensatory Time
Travel and Training Reimbursement
Fringe Benefits
Section 7: Time Off and Leaves of Absences……………………………......…56
Paid Holidays
Vacation Time
Sick Time
Donated Time
Personal Leave
Military Leave
Family Medical Leave Act
Civil Leave
Volunteer Leave
Administrative Leave
Voting Leave
Bereavement Leave
Awarded Leave
Section 8: Leaving the Town ………………………………………………......…64
Layoff/Recall
Termination of Service Voluntary/Involuntary
Returning Town Property
Termination Pay
Re-employment
6
Section 9: Addendums ………………………………………………………....…66
Modification of Policies
A - Grievance Policy and Procedure
B – Pandemic Virus Policy
C – DOT Testing and Federal Motor Carrier Safety Administration
Clearinghouse Guidelines
D - Worker’s Compensation
E – Safety Policies and Procedures
F – Family Medical Leave Act
G - Uniformed Services Employment and Re-Employment Act of 1994
H – Employee Service Recognition Policy
All forms are located at T:\Human Resources\Shared Documentation.
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SECTION 1: GOVERNING PRINCIPLES OF EMPLOYMENT
Welcome Message
For employees who are commencing employment with the Town of Vinton, on behalf of
Town of Vinton, let me extend a warm and sincere welcome.
For employees who have been with us, thanks for your past and continued service.
I extend my personal best wishes for success and happiness here at the Town of Vinton.
We understand that it is our employees who provide the services that our customers rely
upon, and who will enable us to create new opportunities in the years to come.
Barry W. Thompson, Town Manager
Government
The powers of the Town of Vinton government are established by the Code of Virginia and
the Charter for the Town of Vinton and are vested in a Town Council consisting of five
members elected by qualified voters within the corporate limits of the Town. The Town
Council establishes town government policy, passes resolutions and ordinances, approves
the annual budget, sets tax rates and makes appointments to various non-elected positions.
The Town Manager is a full-time official appointed by the Town Council who serves at the
will of Council. The duties of this position include, but are not limited to: acting as
administrative head of the government, preparing the Town's annual budget, implementing
resolutions, policies and orders of the Council, acting as purchasing agent for the Town and
serving as personnel manager over all Town employees. All Town departments come under
the Town Manager's jurisdiction. The Town Manager may delegate such duties and
administrative jurisdiction to the Assistant Town Manager or other administrative employees
as he/she sees necessary to manage the operations of the Town.
The Town Manager is assisted by an Assistant Town Manager and a number of Department
Heads with administrative functions delegated as outlined in an organizational chart as
approved by the Town Manager from time to time.
Mission Statement
The Town of Vinton provides valuable services to residents, visitors, and businesses through
transparent, efficient, and responsible governance while protecting its unique character and
values.
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Vision Statement
A safe and engaged community that is welcoming to visitors, with a vibrant atmosphere that
promotes a high quality of life for residents of all ages and interests.
Equal Employment Opportunity
Town of Vinton is an Equal Opportunity Employer that does not discriminate on the basis of
actual or perceived race, creed, color, religion, alienage or national origin, ancestry,
citizenship status, age, disability, gender identity, marital status, veteran or military status,
sexual orientation, genetic information, pregnancy, childbirth or related medical condition,
or any other characteristic protected by applicable federal, state or local laws. Our
management team is dedicated to this policy with respect to recruitment, hiring,
placement, promotion, transfer, training, compensation, benefits, employee activities and
general treatment during employment.
The Town of Vinton will endeavor to make a reasonable accommodation to the known
physical or mental limitations of qualified employees with disabilities unless the
accommodation would impose an undue hardship on the Town. If you need assistance to
perform your job duties because of a physical or mental condition, please contact the
Human Resources Department.
The Town of Vinton will endeavor to accommodate the sincere religious beliefs of its
employees to the extent such accommodation does not impose an undue hardship on the
Town. If you wish to request such an accommodation, please contact the Human Resources
Department.
Any employees with questions or concerns about equal employment opportunities in the
workplace are encouraged to bring these issues to the attention of the Human Resources
Director. If, however, an employee believes he or she needs to bring the matter to the
attention of someone else in Town government, for any reason, then the employee may
bring the issue to the attention of the Town Manager. The Town of Vinton will not allow any
form of retaliation against individuals who raise issues of equal employment opportunity. To
ensure our workplace is free of artificial barriers, violation of this policy will lead to
discipline, up to and including discharge. All employees must cooperate with all
investigations.
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Code of Ethics
All Town employees are expected to adhere to the following code of ethics:
•Respect for the community we work with and serve.
•Integrity in our actions.
•Responsibility for our decisions and their consequences.
•We are committed to:
•Acting honestly, truthfully and with integrity in all our transactions and dealings;
•Avoiding conflicts of interest;
•Appropriately handling actual or apparent conflicts of interest in our relationships;
•Treating each other fairly;
•Treating every individual with dignity and respect;
•Treating our employees with respect, fairness and good faith and providing
conditions of employment that safeguard their rights and welfare;
•Being a good Town employee and complying with both the spirit and the letter of
the law;
•Acting responsibly toward the community in which we work and for the benefit of
the community that we serve;
•Being responsible, transparent and accountable for all of our actions; and
•Continuing to achieve our high levels of accountability, transparency, ethical
conduct and effectiveness
Severability
If any part, section, sub-section, sentence, clause or phrase of this policy is for any reason
held to be unconstitutional or invalid, such decision shall not affect the constitutionality or
validity of the remainder of these policies and procedures.
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SECTION 2: GENERAL EMPLOYMENT PRACTICES
Employment Philosophy
It is the Town’s policy that a fair and uniform personnel management system be established
for its employees in order to ensure, to the extent practicable, the most effective provision
of services to the citizens of the community. Therefore, it shall be the policy of the Town
that:
•To the extent practicable, employment decisions will be based on merit, knowledge,
skills, and ability.
•Equitable incentives and conditions of employment shall be established and
maintained.
•Compensation shall be in accordance with duties assigned and performance shall be
the major factor in justifying salary adjustments and increases.
•Employees shall be expected to work productively and to demonstrate a considerate
and friendly attitude towards persons with whom they come in contact during the
course of their work.
•Employees shall adhere to the policies and procedures required of them and shall
endeavor to serve the citizens and taxpayers to the best of their ability.
The Town retains the sole right to exercise all managerial functions including, but not
limited to, these rights:
•To direct the work force.
•To assign, reassign, supervise, discipline, and dismiss employees.
•To transfer or reassign duties as necessary to provide services to the citizens.
•To establish, change, alter, or delete policies as may be deemed necessary to
achieve its goals.
•To alter the organization and structure of the Town as permitted by Virginia law and
as Town Council deems necessary.
At-Will Employment Policy
This manual is not, and shall not be construed as an explicit or implied contract. It shall not
modify the existing at-will status of any Town employee, and shall not create any due
process requirement in excess of federal or state Constitutional or statutory requirements.
The term “At-Will” means employees can resign at any time, with or without cause, and that
the Town may terminate your employment at any time, with or without cause. Exceptions
include employees having written contracts signed by the Town Manager or approved by
the Town Council and signed by the Mayor. The grievance procedure and disciplinary
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provisions contained herein are to promote orderly and uniform administration of personnel
policies and do not confer any contractual or property rights.
Equal Employment Opportunity Policy
Equal Employment Opportunity has been, and will continue to be, a fundamental principle in
the Town. The Town will not discriminate against applicants or employees on the basis of
race, religion, creed, color, national origin, age (40 or over), sex, sexual orientation, gender
identity, pregnancy, childbirth or related medical condition, marital status, military or
veteran's status, disability, genetic information, or any other protected characteristic or
classification as established by federal, state or local 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.
Anti-Discrimination and Anti-Harassment Policy
The Town will not tolerate any form of harassment or discrimination. The Town's Policy
Against Discrimination and Harassment prohibits harassment, discrimination, retaliation, or
intimidation of others based on age, sex, sexual orientation, gender identity, pregnancy,
childbirth or related medical condition, color, race, creed, religion, national origin, ethnicity,
disability, genetic information, marital status, military or veteran's status, or status in any
other group protected by federal, state, or local law.
Sexual harassment is one type of illegal harassment, but it is not the only type. Harassment
includes, but is not limited to, remarks, jokes, written materials, symbols, paraphernalia,
clothing or other verbal or physical conduct which may intimidate, ridicule, demean, or
belittle a person, or that otherwise is so severe or pervasive that it creates a hostile work
environment, because of the person's age, sex, sexual orientation, gender identity, color,
race, creed, religion, national origin, ethnicity, disability, genetic information, marital
status, pregnancy, childbirth or related medical condition, military or veteran's status, or
status in any other group protected by federal, state or local law. All such illegal harassment
and discrimination is prohibited and will not be tolerated. This prohibition applies to illegal
harassment and discrimination by anyone in the workplace, including supervisors, co-
workers, and even non-employees.
Sexual harassment includes unwelcome sexual advances; requests for sexual favors; and
other verbal or physical conduct of a sexual nature; as well as behavior, remarks, jokes or
innuendos that intimidate, ridicule, demean, or belittle a person on the basis of their
gender; regardless of whether the remarks are sexually provocative or suggestive of sexual
acts. Harassment occurs when:
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•Submission to and/or tolerance of the unwelcome conduct is explicitly or implicitly
made a term or condition of a person’s employment.
•Submission to, tolerance of, and/or rejection of the unwelcome conduct is a basis for
employment decisions.
•The unwelcome conduct substantially interferes with a person’s work performance
and creates an intimidating, hostile, or offensive work environment.
YOU HAVE THE RESPONSIBILITY TO BRING ANY FORM OF HARASSMENT OR
DISCRIMINATION TO OUR ATTENTION.
All employees are responsible for helping assure that we avoid harassment and
discrimination in the workplace. If you experience any problem of this sort, become aware
of any other employee experiencing a problem of this sort, or have knowledge of any form
of harassment, discrimination or retaliation, you must immediately report it to your
Department Head. If you believe that it would be inappropriate to discuss the matter with
your Department Head, or you are uncomfortable discussing the matter with your
Department Head, you may elect to bypass your Department Head and report the matter
directly to the Human Resources Director or the Town Manager. (The employee can inform
any of these persons of the complaint. Thus, for example, if the employee prefers not to
report it to his Department Head or the Town Manager, the employee should report it to the
Human Resources Director.)
All claims of harassment or discrimination will be investigated thoroughly and promptly,
WITHOUT CONSEQUENCE TO THE EMPLOYEE EXPERIENCING OR REPORTING THE
CONDUCT, so long as the report is made in good faith and the information provided is
truthful to the best of your knowledge. We will endeavor to keep complaints, investigations,
and resolutions confidential to the extent possible; however, we cannot compromise our
obligation to investigate complaints. The employee who brought the complaint will be
provided information on the outcome of the investigation within the limits of confidentiality.
The Town will take immediate and appropriate corrective action if it determines that
harassment has occurred in violation of this policy. Such action may include the suspension
or discharge of the offender.
These anti-discrimination and anti-harassment policies apply to non-employees who subject
Town employees to discrimination or harassment at the workplace. You should report any
discrimination or harassment by non-employees in the same manner as you would report
discrimination or harassment by Town employees. The Town will investigate the report and
take prompt remedial action.
If you have any questions regarding this policy, or need information on complaint
procedures, we urge you to contact the Human Resources Director or the Town Manager.
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Anti-Retaliation Policy
Retaliation is illegal and contrary to Town policy. The Town will not retaliate against, nor
tolerate any retaliation against, any applicants or employees for complaining about possible
discrimination or harassment or participating in the investigation of a complaint about
possible discrimination or harassment. Applicants or employees who bring complaints of
discrimination or who identify potential violations, witnesses interviewed during the
investigation, and others who may have opposed discriminatory conduct are protected from
retaliatory acts. If an applicant or employee believes that he or she is being retaliated
against, a written report shall be immediately made to the Human Resources Director, the
Assistant Town Manager, or the Town Manager. Those who are found to be acting in a
retaliatory manner will be disciplined for such conduct.
Accommodating Individuals with Disabilities
It is the Town’s policy to comply with all federal, state and local laws and regulations
concerning the employment of persons with disabilities. The Town provides equal
employment opportunities to qualified individuals with disabilities. The Town will not
discriminate against qualified individuals with disabilities in regard to application procedures,
hiring, advancement, discharge, compensation, training or other terms, conditions and
privileges of employment. Reasonable accommodations will be provided to qualified
employees or applicants with a disability when the employee or applicant requests an
accommodation. A qualified employee or applicant is one who is able to perform the
essential functions of the job with or without reasonable accommodation. A request for an
accommodation may be denied if the accommodation is not shown to be effective, places
an undue burden on the Town, or if the employee poses a direct threat to the health and
safety of him or herself or others.
Employment Records
In order to obtain their position, employees provided us with personal information, such as
address, telephone number and familial and emergency contacts. This information is
contained in the employee's personnel file. We also will place application materials,
performance reviews, commendations, discipline, and payroll information in each
employee’s personnel file.
The employee should keep his or her personnel file up to date by informing the Human
Resources Director of any changes. The employee also should inform the Human Resources
Director of any specialized training or skills he or she may acquire in the future, as well as
any changes to any required employment authorization documents. Unreported changes of
address, marital status, etc. can affect withholding tax and benefit coverage. Further, an
14
"out of date" emergency contact or an inability to reach the employee in a crisis could cause
a severe health or safety risk or other significant problem.
Performance Review
The Town of Vinton endeavors to review performance annually. The performance evaluation
process provides an opportunity for ongoing communication between a manager and
employee regarding job results, performance planning, improving job understanding, and
employee development. The formal performance evaluation process applies to all full-time
and part-time Town employees. All performance evaluations must be approved by Human
Resources.
The performance evaluation process is not meant to be a substitute for direct
communication between supervisors and employees. Supervisors and employees are
strongly encouraged to discuss job performance and goals on an informal, day-to-day basis.
Regardless of an employee’s classification (i.e., full-time, part-time, seasonal), satisfactory
performance is an essential function of every job at the Town. However, a positive
performance evaluation does not guarantee an increase in salary, a promotion or continued
employment. Compensation increases and the terms and conditions of employment,
including job assignments, transfers, promotions, and demotions, are determined by and at
the discretion of management. Failure to perform satisfactorily at any time can lead to
appropriate discipline, including discharge.
Job Postings
The Town of Vinton wants to assist employees in managing their careers and reaching their
professional goals through promotion and transfer opportunities. This policy outlines the
Town’s on-line job posting program. To be eligible to apply for an open position, employees
must meet the following minimum requirements:
A current, regular, full-time or part-time employee
In your current position for at least six months
A current performance rating of satisfactory or above
Not on an employee conduct/performance-related probation or warning
Meets the job qualifications listed on the job posting
Has provided the employee's manager with notice prior to applying for the position
If the employee finds a position of interest on the job posting website and meets the
eligibility requirements, an on-line job posting application must be completed in order to be
considered for the position. Not all positions are guaranteed to be posted. The Town of
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Vinton reserves the right to seek applicants solely from outside sources or to post positions
internally and externally simultaneously.
For more specific information about the program, please contact the Human Resources
Department.
Job Description Standards
All applicants are required to meet the standards or requirements for the position as set
forth in the job description applicable to their position. The Department Head may alter the
minimum standards stated in the job description and/or place a specified time for the
acquisition of any certification normally required for the job if it is determined that such
certification or job requirements will place undo restrictions upon finding suitable applicants
for the position. Any candidate who accepts a position but does not yet hold all standards,
permits, licenses, and other requirements for the position will remain on probation until
their normal probation period has expired or the time frame set for achieving all standards,
permits, licenses, and other requirements has expired, whichever comes last.
Any alterations to the minimum stated job requirements must be approved by Human
Resources and the Town Manager.
Open Door Policy
The Town values its employees. The Town has an open-door policy whereby any Town
employee may communicate at any level of the Town management including the Town
Manager for the purpose of obtaining assistance in solving job-related problems, providing
information, and clearing up misunderstandings.
•The policy shall in no way be a substitute for the Employee Grievance. Procedure or
for the normal chain of command, but shall be in addition to it.
•Any discussions held pursuant to this policy will be of a confidential nature to the
extent possible. Please understand that not every problem can be resolved to
everyone’s total satisfaction or with absolute confidentiality. No employee will be
penalized for expressing a concern of voicing a complaint in a reasonable, business-
like manner.
Employee Classifications
All employees, whether in probationary status or not, are employees at will. In addition,
employees fall in one or more of the following classifications:
•Exempt Employee – an employee who occupies a position which is exempt (not
eligible) from the overtime provisions of the Fair Labor Standards Act due to
16
executive, administrative or professional exemptions. Full-time, part-time, and
temporary employees may be exempt.
•Non-Exempt Employee – an employee who receives hourly wages; and is subject to
wage and hour laws, i.e. overtime pay provisions of the Fair Labor Standards Act.
Full, part-time, and temporary employees may be non-exempt.
•Full-time Employee – an individual hired on either an exempt or non-exempt basis for
an established position for an indefinite term who is expected to work a minimum of
(40) forty hours a week.
•Part-time Employee – an individual hired on either an exempt or non-exempt basis
for an established position for an indefinite term who is expected to work an
established period of time that is less than (40) forty hours per week.
•Partially Exempt Employee - certain employees, such as some law enforcement
officers, may qualify for a partial exemption from the overtime pay provisions of the
Fair Labor Standards Act.
•Probationary Employee – a full-time or part-time employee who has worked for the
Town for less than the applicable probationary period.
•Temporary/Seasonal Employee – an individual hired on a term basis, e.g., day, week,
period of months or on a project basis.
Probationary Period
All Public Safety employees, including sworn Police Officers, are under a one-year
probationary period. All other employees are on a six-month probationary period. This is an
opportunity for the Town of Vinton to evaluate the employee's performance. It also is an
opportunity for the employee to decide whether he or she is happy being employed by the
Town of Vinton. The Town of Vinton may extend the probationary period if it desires.
Completion of the probationary period does not alter an employee's at-will status. The Town
of Vinton will conduct a formal performance review at the end of the probationary period.
An employee may be dismissed at any time during his or her probationary period with no
right to file a grievance under the Town’s grievance procedure except where discrimination
is claimed. An employee who is appointed to another Town position (through promotion,
transfer, or demotion) must complete another probationary period, the length of which will
be based on the position. A subsequent probationary period will be required for each new
position.
All employees of the Town are employed at-will, whether during a probationary period or
after the completion of a probationary period.
Relationship with Citizens
You should remember that we are in the business of serving the Town’s citizens. As a
result, we all have an obligation to conduct ourselves at all times in a positive, professional,
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and ethical manner when dealing with each other as well as with our citizens. The following
are minimum guidelines which are expected of every employee:
•Act competently and deal with citizens in a courteous and respectful manner.
•Communicate pleasantly and respectfully.
•Follow up on questions promptly.
Failure to provide satisfactory service based on mutual respect to citizens will be evaluated
on an individual basis and can lead to appropriate disciplinary action.
References
The Town of Vinton will respond to reference requests through the Human Resources
Department. The Town of Vinton will provide general information concerning the employee
such as date of hire, date of discharge, and positions held. Requests for reference
information must be in writing in the form of a signed release. Please refer all requests for
references to the Human Resources Department.
Only the Human Resources Department may provide references.
Hiring Relatives/Employee Relationship
A familial relationship among employees can create an actual or at least a potential conflict
of interest in the employment setting, especially where one relative supervises another
relative. To avoid this problem, the Town of Vinton may refuse to hire or place a relative in
a position where the potential for favoritism or conflict exists.
In other cases, such as personal relationships where a conflict or the potential for conflict
arises, even if there is no supervisory relationship involved, the parties may be separated by
reassignment or discharged from employment, at the discretion of the Town of Vinton.
Accordingly, all parties to any type of intimate personal relationship must inform
management.
If two employees marry, become related, or enter into an intimate relationship, they must
inform Human Resources. They may not remain in a reporting relationship or in positions
where one individual may affect the compensation or other terms or conditions of
employment of the other individual. The Town of Vinton generally will attempt to identify
other available positions, but if no alternate position is available, the Town of Vinton retains
the right to decide which employee will remain with the Town of Vinton.
For the purposes of this policy, a relative is any person who is related by blood or marriage,
or whose relationship with the employee is similar to that of persons who are related by
blood or marriage, and or is living in the same household.
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Outside Employment
A Town employee may engage in employment outside the employee’s Town employment if
the performance of assigned duties with the Town is not affected and provided that such
outside employment does not create a conflict with the employee’s Town employment.
Department Heads and the Town Manager, or designee, must approve in advance an
employee’s assuming outside employment.
Debt Recovery
Acceptance of employment or continued employment shall serve as the employee’s consent
to withholding from the employee’s paycheck, or from any amounts due to employee for
accrued and unused paid leave upon separation from employment, all amounts that the
employee owes to the Town, whether such obligation arises in the course of employment,
from employee’s residence in the Town, from employee’s ownership of real or personal
property in the Town, or otherwise. Town employees shall not have outstanding Town
debts.
Inspection
The Town reserves the right to search Town owned property, including, without limitation,
vehicles, structures, buildings, equipment, computer and other electronic communication
systems, furniture, offices, desks, lockers, files, file cabinets and containers at any time and
for any reason. Town employees have no expectation of privacy in Town-owned property.
All Town employees are therefore strongly encouraged to refrain from storing on or in
Town-owned property any personal article (including personal correspondence) they wish to
protect from inspection by Town officials. This provision will only be employed when you
have a reasonable suspicion that unlawful activity or violations of policy have occurred.
Same-Sex Marriages, Civil Unions and Domestic Partnerships
The Town complies with all applicable federal and state laws regarding the provision of
benefits to same-sex spouses, domestic partners and couples in a civil union.
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SECTION 3: WORKPLACE EXPECTATIONS
Standards of Conduct Policy
The Town of Vinton endeavors to maintain a positive work environment. Each employee
plays a role in fostering this environment. Regulations to govern the conduct and attitude of
Town employees are necessary for the orderly operation of the Town and to protect the
rights and safety of other employees and the general public. Accordingly, we all must abide
by certain rules of conduct, based on honesty, common sense and fair play.
Because everyone may not have the same idea about proper workplace conduct, it is helpful
to adopt and enforce rules all can follow. Unacceptable conduct may subject the offender to
disciplinary action, up to and including discharge, at the Town of Vinton's sole discretion.
The following are examples of some, but not all, conduct which can be considered
unacceptable:
1.Obtaining employment on the basis of false or misleading information.
2.Stealing, removing or defacing Town of Vinton property or a co-worker's property,
and/or disclosure of confidential information.
3.Completing another employee's time records.
4.Negligent or careless job performance.
5.Horseplay, pranks or similar disruptive non-work-related activities.
6.Violation of safety rules and policies.
7.Violation of Town of Vinton's Drug and Alcohol-Free Workplace policy.
8.Fighting, threatening or disrupting the work of others or other violations of Town
of Vinton's Workplace Violence policy.
9.Failure or refusal to follow lawful instructions of a supervisor. (Lawful is defined
as not illegal, unethical, or a health or safety hazard.)
10.Failure or refusal to perform assigned job duties.
11.Violation of the Punctuality and Attendance policy, including but not limited to
irregular attendance, frequent tardiness, or unexcused absences.
12.Abusive, rude, indecent or obscene language.
13.Gambling on Town of Vinton property.
14.Willful or careless destruction or damage to Town of Vinton assets or to the
equipment or possessions of another employee.
15.Wasting work materials.
16.Performing work of a personal nature during working time and/or more than
minimal personal use of Town-owned equipment or devices.
17.Dishonesty or falsification of documents or records.
18.Job-related lying, stealing or cheating.
19.Unauthorized use or misuse of Town property.
20.Violation of Town Conflict of Interest and Business Ethics policy.
21.Violation of the Solicitation and Distribution policy.
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22.Violation of Town of Vinton's Harassment or Equal Employment Opportunity
policies.
23.Violation of the Communication and Computer Systems policy or the Use of Social
Media policy.
24.Unsatisfactory job performance.
25.Any other violation of Town policy.
26.Engaging in conduct, whether on or off the job, that undermines the effectiveness
or efficiency of the activities of Town government. This includes actions which
might impair the Town’s, or any of its department’s reputation as well as the
reputation or performance of its employees.
These examples of inappropriate conduct and/or attitude are intended to be illustrative
and are not intended to be all-inclusive. Although not listed in this policy, an offense
which, among other things, in the judgment of the department head (a) violates the
public trust, (b) discredits the Town or its employees, (c) interferes with the orderly
performance of providing public services, (d) poses a threat to the discipline or effective
performance of other employees, (e) has an adverse effect on the reputation of the Town,
(f) impairs the effective performance of any Town function or the employee’s
performance, and/or (g) is repugnant to socially acceptable behavior will be considered
violations of this policy.
Department Heads and the Human Resources Director shall be responsible for administering
timely, fair, and consistent disciplinary actions pursuant to these regulations. The Town
Manager shall interpret these policies. All disciplinary actions shall be documented in writing,
signed by the employee and the department head, and permanently included in the
employees personnel file.
Types of Discipline
The Town may decide, in its discretion, which discipline is appropriate for a conduct
violation. While the Town strives to use progressive discipline, certain misconduct may
justify heightened discipline, including termination, rather than lesser progressive
discipline.
Department Heads shall apply disciplinary measures fairly and uniformly. Discipline is
designed to be a progressive process. Progressive disciplinary measures are designed to
correct inappropriate conduct or attitude. However, progressive discipline will not be
appropriate in all circumstances. For example, separation from employment may be
appropriate at any time the inappropriate conduct or attitude is deemed sufficiently
egregious by the Town, even if it is the first instance of misconduct. No employee has a
right or guarantee to any particular progressive disciplinary measure.
Mitigating and aggravating circumstances will be considered in determining the
appropriate disciplinary measure for inappropriate conduct or attitude.
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Each case of inappropriate conduct and/or attitude and the disciplinary measure applied
will reflect the circumstances surrounding the misconduct, the employee’s work history,
and the impact of the misconduct on the Town’s ability to effectively and efficiently
provide public services.
Verbal Counseling/Reprimand
If an employee's work performance or behavior is at an unsatisfactory level, corrective
action by the first-line supervisor and/or Department Head may take the form of an
informal counseling session. Counseling is not a prerequisite to taking other disciplinary
action. Counseling is intended to be an informal process of discussion between supervisor
and employee relating to work performance and conditions or behavior problems which, if
not corrected, could lead to further disciplinary action. The counseling session is expected
to be a private meeting between the supervisor and employee which allows an
interchange between them as to the course of action to be taken to improve performance
or correct behavior. Verbal counseling and reprimands will be documented in an
employee’s personnel file.
Written Reprimands
An employee may be given a written reprimand when a supervisor believes the conduct is
severe enough to warrant such a disciplinary action. There is no requirement that a verbal
counseling session precede a written reprimand. At the time the written reprimand is issued
to an employee, a copy of the written reprimand should be issued to the employee and the
original is placed in the employee's personnel file.
In the case of all reprimands, both verbal and written, the reprimanding supervisor
should record the reprimand on the Standards of Conduct Form. The form should be
submitted to the employee’s personnel file and should contain the following information:
(A)employee's name; (B) date of reprimand; (C) summary of reasons for reprimand; (D)
summary of employee's response; (E) suggestions for improvement or specific actions
suggested; and (F) the employee and supervisor shall sign and date the form. If the
employee refuses to sign the reprimand form, the supervisor should so note on the form.
Suspension/Demotion
If the situation warrants, an employee may be suspended with or without pay and/or
demoted. A suspension or demotion may occur for the first offense and there is no
requirement that a verbal or written reprimand precede the suspension or demotion.
A suspension should generally not be for more than thirty (30) working days within any one
(1)calendar year. A suspension should be documented by the Department Head on the
Standards of Conduct Form and should include the same type of information as set forth in
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the “Written Reprimand” section.
Prior to any actual suspension without pay, the employee should be provided an opportunity
to respond to the allegations warranting suspension and any mitigating factors. All
suspensions without pay must have the prior approval of the Town Manager.
Demotions are considered when there is a violation of policy or the employee’s work is not
otherwise satisfactory, but where dismissal is not warranted. Other forms of discipline do
not need to precede a demotion.
Notices of demotion shall follow the same guidelines for documentation as set forth above
for suspension. Additionally, prior to a demotion which would affect the employee’s pay rate
or other term or condition of the employee’s employment, the employee should be
provided an opportunity to respond to the allegations warranting demotion and provide
any mitigating factors. All demotions must have the prior approval of the Town Manager.
Demotions are a form of disciplinary action and have no "active" time period. Any
employee who is demoted may be entitled to additional promotions at a later date if
circumstances, such as improved job performance, as determined by the Town so warrant.
Termination
An employee may be terminated at any time the Town believes the employee’s
conduct or performance is severe, inappropriate or deficient enough to warrant termination.
Additionally, a termination may also occur where: (a) an employee has received two (2)
POOR or MARGINAL performance evaluations in a three-year period; (b) failed to maintain
valid standards/permits/licenses, or other requirements or qualifications necessary to
perform the job; (c) is unable to perform the work required; or (d) the employee has
received a second active suspension notice or a third active written reprimand.
Termination, however, can occur for the first offense and other forms of discipline need not
precede a termination.
A termination should be documented on the Standards of Conduct Form and should include
the same type of information as set forth in the “Written Reprimand” section. Prior to any
termination, the employee should be provided an opportunity to respond to the allegations
warranting termination and any mitigating factors. All terminations must have the prior
approval of the Town Manager.
Administrative Leave
An employee may be placed on Administrative Leave with/without pay during any
investigation by the Town concerning the employee’s conduct or performance.
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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.
Procedural Guarantees
Employees in a sworn law enforcement capacity are eligible for 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 Police, who “in their official capacity, is authorized by law to make
arrests and who is a non-probationary member” of the Police Department. These procedural
guarantees provide an alternative to the Town’s Grievance Procedure and can be found in
Chapter 5 of Title 9 .1 of the Code of Virginia, 1950, as amended. When pursuing a
grievance, a police officer will have to choose between the Town’s Grievance Procedure or
the procedures available under the Law-Enforcement Officer’s Procedural Guarantee Act.
Grievance Policy
A grievance procedure is to promote prompt and responsible resolution of issues raised by
staff and administrators. This procedure may be used freely without fear of retaliation, and
Human Resources Director is available to assist throughout the procedure. The process
outlined in Addendum A should be used if an individual disagrees with a supervisor’s action
including any disciplinary action. If the problem involves discriminatory harassment, sexual
harassment and/or discrimination, reference to those policies should be made to initiate a
complaint. When unsure which policy applies, contact should be made with the Human
Resources Director.
For more information concerning the Town’s Grievance Procedure please see the Addendum
A of this handbook.
Immediate Suspension
Nothing in this chapter shall prevent the immediate suspension without pay of any law-
enforcement officer whose continued presence on the job is deemed to be a substantial and
immediate threat to the welfare of his agency or the public, nor shall anything in this
chapter prevent the suspension of a law-enforcement officer for refusing to obey a direct
order issued in conformance with the Town of Vinton’s or Vinton’s Police Department ’s
written and disseminated regulations. In such a case, the law-enforcement officer shall,
upon request, be afforded the rights provided for under this chapter within a reasonable
amount of time set by the agency.
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Punctuality and Attendance Policy
Employees are hired to perform important functions for the Town of Vinton. As with any
group effort, operating effectively takes cooperation and commitment from everyone.
Therefore, attendance and punctuality are very important. Unnecessary absences and
lateness are expensive, disruptive and place an unfair burden on fellow employees and
supervisors. We expect excellent attendance from all employees. Excessive absenteeism or
tardiness will result in disciplinary action up to and including discharge.
We do recognize, however, there are times when absences and tardiness cannot be
avoided. In such cases, employees are expected to notify supervisors as early as possible,
but no later than the start of the work day. Asking another employee, friend or relative to
give this notice is improper and constitutes grounds for disciplinary action, except when
employee is medically unable to do so. Employees should call, stating the nature of the
illness and its expected duration, for every day of absenteeism.
Unreported absences of three (3) consecutive work days generally will be considered a
voluntary resignation of employment with the Town of Vinton.
Use of Social Media Policy
Social media can take many different forms, including internet forums, blogs and
microblogs, online profiles, wikis, podcasts, pictures and video, email, instant messaging,
music-sharing, and voice over IP, to name just a few. Examples of social media applications
are LinkedIn, Facebook, Myspace, Wikipedia, YouTube, Instagram, Twitter, Yelp, Flickr,
Second Life, Yahoo groups, WordPress, Zoom Info – the list is endless.
The Town respects the rights of employees to exercise freedom of speech through personal
blogs/social networking; however, personal blogging/social networking shall not occur
during working hours. Any expressions outside of working hours should be the personal
view of the employee and clearly expressed as such with no reference or suggestion of
providing an official view on behalf of the Town. Statements should not include harassment
of a coworker or other statements that may be reasonably construed as improper,
slanderous, inaccurate, false or a misrepresentation of information under the guidelines of
any and all Town policies, procedures, and practices. False, inaccurate, discriminatory,
harassing, retaliatory, demeaning, grossly unprofessional, derogatory statements or
anything that significantly harms public trust, or significantly damages peer or supervisor
relationships, are subject to disciplinary action up to and including termination of
employment.
Personal Visits and Telephone Calls
Disruptions during work time can lead to errors and delays. Therefore, we ask that personal
telephone calls be kept to a minimum, and be made or received after working time, or
during lunch or break time.
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For safety and security reasons, employees are prohibited from having personal guests visit
or accompany them anywhere in Town facilities other than the reception or other public
areas.
Bulletin Boards
Important notices and items of general interest are continually posted on our bulletin board.
Employees should make it a practice to review it frequently. This will assist employees in
keeping up with what is current at Town of Vinton. To avoid confusion, employees are not
allowed to post or remove any material from the bulletin board.
ID Badge Policy
In the interest of security of public facilities and the safety of citizens, the Town of Vinton will
issue identification (ID) badges to all Town employees.
Employees are required, at a minimum, to have their ID badges in their possession at all
times. Every employee should have his or her ID badge available while working in case a
citizen or customer request proof that he or she is a Town employee.
Public Safety employees while at work and in uniform will be required to have the
identification badges in their possession and present it, when requested, as proof that he or
she is a Town employee.
The following rules apply:
• No pins, stickers, or other markings will be allowed to be displayed on or cover-up the
ID Badge.
• The employee is responsible for reporting a lost ID badge to his/her Department Head
as soon as it is discovered missing.
• All damaged or obsolete badges will be turned into the Department Head so that a
new badge can be issued.
• ID badges are Town property and will be returned in the event of a termination,
resignation, or retirement from Town Service.
Confidential Information
During the course of work, an employee may become aware of confidential information
about the Town of Vinton, its employees, or its citizens. Any employee who improperly
copies, removes (whether physically or electronically), uses or discloses confidential
information to anyone outside of the Town of Vinton may be subject to disciplinary action
up to and including termination. Employees may be required to sign an agreement
reiterating these obligations.
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Conflict of Interest and Business Ethics Policy
It is Town of Vinton's policy that all employees avoid any conflict between their personal
interests and the interests of the Town of Vinton. The purpose of this policy is to ensure
that the Town of Vinton's honesty and integrity, and therefore its reputation, are not
compromised. The fundamental principle guiding this policy is that no employee should
have, or appear to have, personal interests or relationships that actually or potentially
conflict with the interests of the Town of Vinton.
It is not possible to give an exhaustive list of situations that might involve violations of this
policy. However, the situations that would constitute a conflict in most cases include but are
not limited to:
• holding an interest in or accepting free or discounted goods from any organization
that does, or is seeking to do, business with the Town of Vinton, by any employee
who is in a position to directly or indirectly influence either the Town of Vinton's
decision to do business, or the terms upon which business would be done with such
organization;
• being employed by (including as a consultant) or serving on the board of any
organization which does, or is seeking to do, business with the Town of Vinton;
• profiting personally from any organization seeking to do business with the Town
A conflict of interest would also exist when a member of an employee's immediate family is
involved in situations such as those above.
It is your responsibility to report any actual or potential conflict that may exist between you
(and your immediate family) and the Town of Vinton.
In addition, all Town employees must comply with the State and Local Government Conflict
of Interests Act, Chapter 31 of Title 2.2 of the Code of Virginia, as amended. If you have
questions about Conflict of Interests Act compliance, please see the Human Resources
Director.
Publicity/Statements to the Media
All media inquiries regarding the position of the Town of Vinton as to any issues must be
referred to the Town Manager. Only the Town Manager is authorized to make or approve
public statements on behalf of the Town of Vinton. No employees, unless specifically
designated by the Town Manager or other Town policy, are authorized to make those
statements on behalf of Town of Vinton. Any employee wishing to write and/or publish an
article, paper, or other publication on behalf of the Town of Vinton must first obtain
approval from Town Manager.
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Employee Dress and Hygiene Policy
The Town of Vinton strives to maintain a workplace environment that functions well and is
free from unnecessary distractions and annoyances. As part of that effort, the company
requires employees to maintain a neat and clean appearance that is appropriate for the
workplace setting and for the work being performed. To that end, department heads may
determine and enforce guidelines for workplace-appropriate attire and grooming for their
areas; guidelines may limit natural or artificial scents that could be distracting or annoying
to others.
Procedures
All Town of Vinton staff members are expected to present a professional, businesslike image
to clients, visitors, customers and the public. Acceptable personal appearance, like proper
maintenance of work areas, is an ongoing requirement of employment with the Town.
Supervisors should communicate any department-specific workplace attire and grooming
guidelines to staff members during new-hire orientation and evaluation periods. Any
questions about the department’s guidelines for attire should be discussed with the
immediate supervisor.
Any staff member who does not meet the attire or grooming standards set by his or her
department will be subject to corrective action and may be asked to leave the premises to
change clothing. Hourly paid staff members will not be compensated for any work time
missed because of failure to comply with designated workplace attire and grooming
standards.
Specific Requirements
Certain staff members may be required to meet special dress, grooming and hygiene
standards, such as wearing uniforms or protective clothing, depending on the nature of
their job. Uniforms and protective clothing may be required for certain positions and will be
provided to employees by the Town.
At the discretion of the department head, in special circumstances, such as during unusually
hot or cold weather or during special occasions, staff members may be permitted to dress in
a more casual fashion than is normally required. On these occasions, staff members are still
expected to present a neat appearance and are not permitted to wear ripped, frayed or
disheveled clothing or athletic wear. Likewise, tight, revealing or otherwise workplace-
inappropriate dress is not permitted.
Reasonable Accommodation of Religious Beliefs
The Town recognizes the importance of individually held religious beliefs to persons within
its workforce. The Town of Vinton will reasonably accommodate a staff member’s religious
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beliefs in terms of workplace attire unless the accommodation creates an undue hardship.
Accommodation of religious beliefs in terms of attire may be difficult in light of safety issues
for staff members. Those requesting a workplace attire accommodation based on religious
beliefs should be referred to the Human Resources Department.
Addressing Workplace Attire and Hygiene Problems
Violations of the policy can range from inappropriate clothing items to offensive perfumes
and body odor. If a staff member comes to work in inappropriate dress, he or she will be
required to go home, change into conforming attire or properly groom, and return to work.
If a staff member’s poor hygiene or use of too much perfume/cologne is an issue, the
supervisor should discuss the problem with the staff member in private and should point out
the specific areas to be corrected. If the problem persists, supervisors should follow the
normal corrective action process.
You are expected to report to work well groomed, clean, and dressed according to the
requirements of your position. Some employees may be required to wear uniforms or safety
equipment/clothing. Please contact your supervisor for specific information regarding
acceptable attire for your position. If you report to work dressed or groomed
inappropriately, you may be prevented from working until you return to work well-groomed
and wearing the proper attire.
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SECTION 4: SAFETY AND SECURITY
Workplace Violence Policy
Violence in the workplace is prohibited. This includes, but is not limited to, intimidating,
threatening or hostile behaviors, physical abuse, vandalism, arson, sabotage, use of
weapons, or bringing prohibited weapons of any kind onto Town property or to the
workplace.
The purpose of this policy is to minimize the risk of personal injury to employees and others
and damage to Town property. It is our belief that through the steps outlined below we can
identify stresses in the workplace early on and develop a risk-reducing violence prevention
program. It is important that you become familiar with the provisions of this policy.
Threats, threatening language or any other acts of aggression or violence made toward or
by any Town of Vinton employee WILL NOT BE TOLERATED. A threat includes:
any verbal or physical harassment; or abuse any attempt at intimidating or instilling fear in
others; menacing gestures; flashing of weapons; stalking or any other hostile, aggressive,
injurious or destructive action undertaken for the purpose of domination or intimidation.
To the extent permitted by law, employees and visitors are prohibited from carrying
weapons while in the course and scope of performing their Town job, whether or not they
are on Town property. The possession or use of weapons by any employee (except
authorized law enforcement personnel) during work time, while conducting Town business
will result in discharge. Prohibited weapons include guns, knives, explosives, and other
items with the potential to inflict harm on another. Items necessary for work (such as
pocket knives) are not prohibited by this policy as long as those items are used for
legitimate work purposes.
Procedures for Reporting a Threat
All potentially dangerous situations, including threats by co-workers, should be reported
immediately to any member of management with whom the employee feels comfortable.
Reports of threats may be maintained confidential to the extent maintaining confidentiality
does not impede our ability to investigate and respond to the concern. All threats will be
promptly investigated. All employees must cooperate with all investigations. No employee
will be subjected to retaliation, intimidation or disciplinary action as a result of reporting a
threat in good faith under this policy.
If the Town of Vinton determines, after an appropriate good faith investigation, that
someone has violated this policy, the Town of Vinton will take prompt and appropriate
corrective and/or disciplinary action.
If an employee is the recipient of a threat made by an outside party, that employee should
follow the steps detailed in this section. It is important for us to be aware of any potential
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danger in our offices. Indeed, we want to take effective measures to protect everyone from
the threat of a violent act by an employee or by anyone else.
Suspicious Threat Event Policy
In an effort to assist in maintaining a safe work place for all employees, the Town of Vinton
has developed this regulation to clarify the Town of Vinton's procedure on the reporting of a
Suspicious Threat Event i.e. (objects, bags and luggage, vehicles, activities, individuals on
town property or disgruntled Town personnel).
• Employees should recognize, through situational awareness, by perceiving what is
around you and understanding what those potential threats and dangerous
circumstances are.
• Take Action
o Call 911 or Press the Panic Button
• Avoid the following:
o Do not call directly to the Vinton Police Department (VPD) in the Vinton
Municipal Building. Civilian personnel do not have immediate access to
emergency personnel at all times.
Roanoke County Dispatch has 24/7 access to the VPD.
Calling Roanoke County Dispatch automatically creates a call for
response and can coordinate additional response and services, if
needed.
o Do not approach the Suspicious Threat Event to investigate its validity.
o Do not approach or taunt the suspicious individual(s).
• Remove all person(s) from the immediate area until the emergency personnel
respond to the Suspicious Threat Event.
• If possible and without putting yourself and/or others in harm’s way, inform other
staff in the area of your actions. Utilize the alert system to silently notify others of
your situation.
• If you are not directly involved in the situation, leave the building and regroup at
your designated meeting place so staff can be accounted for. If you cannot leave
your location, shelter in place. We do not want to interfere with emergency personnel
responding to the situation.
• All further directed action is the responsibility of emergency services personnel that
have responded to the event and are located on site.
The Town will not take disciplinary action against any employee who, based on a good faith
belief responded accordingly on the Suspicious Event Threat by calling 911 or activating the
panic button. Failure to follow this procedure or lack of action by an employee to a
Suspicious Threat Event may lead to disciplinary action.
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Pandemic Virus Policy
The Town of Vinton is committed to the health and safety of its employees, contractors and
workplace visitors and is committed to minimizing the risk of exposure and transmission of
pandemic viruses through the workplace, like pandemic influenza and COVID-19.
The Town of Vinton will make all reasonable efforts to provide essential services to
residents on an uninterrupted basis during a pandemic viral outbreak.
During a pandemic outbreak, employees will be expected to make all reasonable efforts to
attend work and perform essential duties, unless otherwise notified by public health
officials. This policy will help to prepare the Town of Vinton to properly handle infection
control, to establish communication strategies and to provide needed support services to
employees during a pandemic outbreak.
All employees are encouraged to take responsibility for themselves by: preparing their own
pre-plans, understanding their own levels of responsibility and fulfilling their work
obligations.
Internal communication methods need to be established in advance in order to provide
accurate timely and consistent information to all employees affected by an outbreak. A
failure to present information to employees in a planned and comprehensive fashion can
lead to lost confidence and may result in employees' failure to comply with their individual
work responsibilities.
Coordination with the Virginia Department of Health is required in order to provide
information, education and services to employees regarding prevention precautions,
infection control, quarantine/isolation guidelines and safe work practices.
Sufficient income continuance will encourage employees' cooperation with safe work
practices (i.e. self-reporting, self-quarantine and self-isolation) so they can fulfill their work
obligations when fit to do so without putting themselves, their co- workers or the public at
risk. An extension of some benefits beyond what is currently provided (such as
administrative leave) may be available to qualifying employees. The Town will consider
telework in appropriate circumstances where employees will still be able to perform the
essential functions of their respective jobs.
It is prudent to pre-plan for a pandemic; however, it is impossible to anticipate every issue
that may arise during a public health emergency. This procedure should be used as pre-
planning guidelines.
Please see Addendum B for the complete policy.
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Drug-Free and Alcohol-Free Workplace
Employee Responsibilities
• No employee shall unlawfully manufacture, dispense, possess, use, or distribute any
controlled substance, medication, or alcohol.
• Any employee convicted under a federal or state statue regulating controlled
substances shall notify his or her supervisor and Human Resources within ten days
after the conviction.
• No employee shall consume alcoholic beverages immediately before work, during
work hours, or during breaks or lunches when a return to work is planned.
• No employee shall be impaired by alcoholic beverages immediately before work,
during work hours, or while at work during breaks or lunches.
• No employee shall represent the Town of Vinton in an official capacity while impaired
by alcohol, illegal drugs, or medication.
• No employee shall operate a motor vehicle, heavy or dangerous equipment, or
engage in safety sensitive functions while under the influence of over-the-counter or
prescription medication.
• If an employee is using a prescription or non-prescription medication that may impair
performance of duties; the employee shall report that fact to his or her supervisor.
• An employee who has reason to believe that the performance of another employee is
impaired by alcohol, illegal drugs, and/or legal medication shall immediately notify
the supervisor and or Human Resources Director.
Disciplinary Action
Because of the serious nature of illegal use or abuse of alcohol, controlled substances,
and/or non-prescribed use of medication, appropriate employee disciplinary action will be
taken, up to and including termination.
Drug & Alcohol Testing
In order to achieve a drug-free work place, employees and applicants will be required to
participate in all of the following alcohol and controlled substances testing:
• When an applicant has been extended a conditional offer of employment but before
beginning work.
• When there is a reasonable suspicion to believe that the employee is in an impaired
state.
• When the employee has been involved in an on-duty accident or has endangered
others in the workplace.
• As a condition for return to duty after testing positive for controlled substances or
alcohol.
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In addition, certain safety-sensitive positions at the Town may be subject to random alcohol
and drug tests.
Refusal to submit to testing may lead to discipline up to and including termination. Refusal
to submit to testing include non-compliance with testing procedures and obstruction to, and
lack of cooperation with, the testing process.
DOT testing for CDL license holder’s requirements under the Federal Motor Carrier Safety
Administration Clearinghouse can be found in Addendum C.
Tobacco Policy
Smoking and/or the use of tobacco or nicotine, which includes e-cigarettes, chewing
tobacco, pipes, vaping or other devices, is not permitted anywhere on or in Town of Vinton
property except in designated areas. The definition of Town property for the purpose of this
policy includes all land, buildings, structures, parking lots and means of transportation
owned by or leased to the Town and any area, including customer property or meeting
places, where an employee is engaged in Town business.
The Town of Vinton reserves the right to make changes, updates or revisions to this policy
as may be required with or without advance notice.
Town Vehicles
It is the policy of the Town that Town-owned vehicles and equipment will only be used for
official Town business and purposes that can reasonably and directly be related to an
employee's assigned duties and responsibilities. This policy will apply to all Town
employees.
• Whenever feasible, employees will use a Town vehicle in the performance of their
official duties. If a Town vehicle is not available, the employee may receive
reimbursement for using his/her private vehicle at the current mileage
reimbursement rate authorized by the United States Internal Revenue Service.
Employees who operate personal vehicles for Town business for which mileage is
reimbursed or an allowance paid to the employee must have a valid driver’s
license.
• All personnel who drive Town of Vinton vehicles will be required to complete a
Town sponsored defensive driving course as soon as practical after being hired.
From time to time, supplemental driving courses may also be required.
• An employee must have a valid driver's license in his or her possession while
operating a vehicle off or on Town of Vinton property. It is the responsibility of
every employee to drive safely and obey all traffic, vehicle safety, and parking
laws or regulations. Drivers must demonstrate safe driving habits at all times.
• Town of Vinton-owned or leased vehicles may be used only as authorized by
management. All employees using a Town vehicle, no matter what the frequency,
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must complete an “Authorization for Release of Driving Record” form. The form
will remain on file for the length of employment.
• A vehicle waiver must be signed by passengers, who are not Town employees,
but are riding in a Town vehicle, prior to the trip. Public Safety personnel are
excluded from this requirement.
• Town vehicles, including vehicles to be used by public safety personnel, are ONLY
to be driven by Town employees. Under no circumstances are Town vehicles to
be driven by non-employees or used for personal business. Noncompliance with
this Vehicle Use Policy may disqualify an employee from driving privileges, and
could result in disciplinary action up to and including termination of employment.
Any unauthorized usage of Town vehicles is to be reported immediately to the
Town Manager.
Camera Phones/Recording Devices
The use of tape recorders, Dictaphones or other types of voice recording devices (including
the recording function on a cell phone) anywhere on Town of Vinton property, including to
record conversations or activities of other employees or management, or while performing
work for the Town of Vinton, is strictly prohibited, unless the device was provided to you by
the Town of Vinton and is used solely for legitimate business purposes.
Inclement Weather
It is the policy of the Town to remain open during most periods of inclement weather;
however, where extraordinary circumstances warrant, due to weather or other unforeseen
business interruption, the Town reserves the right to close the office for administrative or
nonessential personnel. Should this occur, employees are encouraged to listen to local
media and check social media, during periods of inclement weather to find out if
administrative or nonessential personnel should report, or contact their Department Head.
A decision will be made by 7:00 a.m. during periods of such inclement weather and the
Town Manager will communicate the Town’s decision to local media. The Town will also
post any closure on its website.
In the event the Town offices are closed, all non-essential non-exempt personnel scheduled
to work that day will be awarded the number of hours scheduled as “inclement weather
hours” due to the offices closing for reasons beyond their control.
A non-essential position is one that the "employee's presence at work during an emergency,
or weather event, is not required to assist agency and/or division in meeting its operational
needs." For example, if there is a weather event and you work in the HR department, your
presence or lack of it, does not impact snow removal.
Essential personnel that work the day of the closure will be awarded the same amount of
inclement weather hours that the building offices were closed to the public and may use
their inclement weather hours at a later date. An essential position is one that is critical to
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the continuation of key operations and services, such as Public Safety and Public Works
employees that are scheduled and must report to work. The lack of these services could
potentially impact the health and welfare of the community and its members.
Inclement weather hours must be taken by December 31st of the year they were accrued,
except if the hours were accrued after December 1st. Any hours accrued after December
1st must be used by December 31st of the following year. Inclement weather hours accrued
through November 30th and still showing in the employee’s inclement weather accrual
balance as of December 31st will be paid to the employee, on the first pay, of the next
calendar year.
If a non-exempt employee elects not to report to work on an open day, the employee can
elect to 1) use any accrued paid time off for the missed day or 2) the non-exempt employee
will not be paid for the day. It is each employee’s decision to determine if they can safely
arrive at work under the conditions when the Town offices remain open. If an employee
elects not to work on a given day when the Town offices remain open despite inclement
weather, the Town requires the courtesy of a phone call to the manager or supervisor
advising as to your status for the day, prior to the beginning of the work day. A non-exempt
employee, essential or non-essential, is one that is eligible to receive overtime at the rate of
1.5 times their regular rate for anytime worked over 40 hours, or the threshold designated
for Public Safety employees.
Town Property
Employees are responsible to take care of Town property and to help prevent damage to
such property. Town property should not be used for personal reasons. In addition, Town
property should only be used for its intended purpose.
Except as needed by the employee to perform his/her job, no one is permitted to remove
any Town property from Town premises. All Town property must be returned when the
Town requests, including at the end of the employment relationship. Failure to do so could
lead to civil and/or criminal prosecution.
Electronic Communications
The Town may provide cellular phones, supplies, laptops, computers, copies, facsimiles,
telephones, postage equipment, and other equipment to employees to assist them in doing
their jobs better and more efficiently. Those items are to be used for Town purposes only.
Employees are expected to exercise care in the use of Town equipment and property and
use such property for authorized purposes.
Loss, damages, or theft of Town property should be reported to an immediate supervisor at
once. Negligence in the care and use of the Town’s property is grounds for disciplinary
action. Upon separation of employment, the employee must return all Town property, in the
employee’s possession or control.
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In addition:
• Provision of Internet and Email
The Town of Vinton may provide electronic, digital and wire communications
equipment for business purposes. The use of this equipment for personal use should
be minimal and limited to breaks. Messages received, sent, and stored on this
equipment will be subject to monitoring from time to time and in the course of this
monitoring may be read for content. Employees should be aware that there are
stored records of all communications. You have no expectation of privacy in any
communications received, sent, or stored on equipment or service provided by the
Town.
• Employees Access
The Town of Vinton may provide unlimited access to the Internet to its employees as
one of the many resources available to assist them in doing their jobs better and
more efficiently. Therefore, the Town may establish an Internet account that may be
accessed by employees. You have no expectation of privacy concerning your use of
and/or searches on the Internet.
• Passwords and Email Addresses
Employees may be provided with passwords and e-mail addresses to enable them to
use Town-provided accounts. These addressees and passwords are not provided to
make employees' usage confidential or private. E-mail records are business records
of the Town. The usage of the Internet is subject to the same code of conduct
which applies to all other actions in the workplace and using the Town's Internet
account in a manner that violates any rules or regulations constitutes grounds for
disciplinary action, up to and including discharge. The electronic use, transmission,
and storage of messages, files, images, and sounds are subject to monitoring by
Roanoke County and the Town of Vinton. Employees must not share their passwords
with any other individuals, including other employees or outsiders. Nor is it
appropriate to attempt to subvert network security either by accessing the Internet
without using your password or by seeking to discover other passwords to gain
access. Employees are representatives of the Town when using the Town's Internet
account. Accordingly, they are expected to act and to communicate professionally on
the Internet, not to engage in any commercial or illegal activities, or to use the
account for personal business.
• Employer Access
The Town of Vinton will have access to a log of all usage, including a list of
employees who have used the Internet and the sites they visited. The Town will
monitor this usage from time to time, and employees found to be abusing usage or
using the Internet inappropriately will be subject to disciplinary action.
• Consent to Monitoring
By accepting or continuing employment with the Town, all employees consent to the
monitoring of communications sent, received and stored on equipment provided by
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the Town or on electronic, wire, or digital platforms provided by the Town. All
communications are subject to the Freedom of Information Act.
Any employee who uses Town computer resources has the responsibility to use them in an
ethical, professional, and legal manner. This means that Town computer resources shall
only be used for Town business or authorized purposes.
Notwithstanding any statement to the contrary stated herein, infrequent and very limited
use of Town telephones for brief local calls or short local faxes normally is permitted so long
as it does not interfere with performance of your duties, is consistent with all other Town
policies, is not disruptive to the Town and is not potentially disruptive or offensive to others.
Use of Facilities, Equipment, and Property
Equipment essential in accomplishing job duties is often expensive and may be difficult to
replace. When using property, employees are expected to exercise care, perform required
maintenance, and follow all operating instructions, safety standards and guidelines.
Employees should notify their Supervisor if any equipment, machines, or tools appear to be
damaged, defective, or in need of repair. Prompt reporting of loss, damages, defects, and
the need for repairs could prevent deterioration of equipment and possible injury to
employees or others. The Supervisor can answer any questions about an employee's
responsibility for maintenance and care of equipment used on the job.
Employees also are prohibited from any unauthorized use of the Town of Vinton's
intellectual property, such as audio and video tapes, print materials and software.
Improper, careless, negligent, destructive, or unsafe use or operation of equipment can
result in discipline, up to and including discharge.
Further, the Town of Vinton is not responsible for any damage to employees' personal
belongings unless the employee's Supervisor provided advance approval for the employee
to bring the personal property to work.
Workers’ Compensation
Workers’ Compensation provides benefits for an employee in the event of certain
occupational illnesses, injuries, or deaths. For additional information, see Worker’s
Compensation Addendum D.
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Safety Policies and Procedures
The Town is committed to providing our employees with a safe and healthful work
environment. To accomplish this goal, all employees must make diligent efforts to promote
safety. We develop and implement safety rules and regulations through our management,
supervisors, and safety committees. This process is ongoing and requires periodic review.
Safety audits are undertaken to determine the necessity and feasibility of providing devices,
work practices, policies, or other safeguards to make the workplace safe and healthful. We
also provide training for our employees regarding workplace hazards and the proper and
safe methods to use in performing their job tasks.
You are expected to give your full skill and attention to the performance of your duties
using the highest standard of care and good judgment. You are also expected to always
follow safety rules and regulations, including using appropriate protective clothing and
equipment, attending all training sessions related to your job, and following the directions of
supervisory personnel.
Safety rules and regulations will be issued or modified from time to time and will be
effective immediately upon communication. General safety rules and regulations will be
distributed to you and posted on employee-accessible bulletin boards. Departments will
have specific job/task related rules and procedures that you are expected to know and
follow.
All job-related injuries or illnesses shall be reported to your supervisor immediately,
regardless of severity. (In the case of serious injury, your reporting obligation will be
deferred until circumstances reasonably permit a report to be made.)
Failure to report an on-the-job injury or illness may preclude or delay the payment of any
benefits you may be eligible for and could subject the Town to fines and penalties.
Please see Addendum E for the Town’s Safety Policies and Procedures.
Communication Device Use While Driving
• Employees who drive on Town of Vinton business must abide by all state or local
laws prohibiting or limiting the use of personal communication devices (“PCDs”) (cell
phone or personal digital assistant) while driving. Further, even if usage is permitted,
employees may choose to refrain from using any PCD while driving. "Use" includes,
but is not limited to, talking or listening to another person or sending an electronic or
text message via the PCD.
• Regardless of the circumstances, including slow or stopped traffic, if any use is
permitted while driving, employees should proceed to a safe location off the road and
safely stop the vehicle before placing or accepting a call. If acceptance of a call is
absolutely necessary while the employee is driving, and permitted by law, the
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employee must use a hands-free option and advise the caller that he/she is unable to
speak at that time and will return the call shortly.
• Under no circumstances should employees feel that they need to place themselves at
risk to fulfill business needs.
• Since this policy does not require any employee to use a cell phone while driving,
employees who are charged with traffic violations resulting from the use of their
PCDs while driving will be solely responsible for all liabilities that result from such
actions.
• Texting and e-mailing while driving are prohibited in all circumstances.
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SECTION 5: BENEFITS
Benefits Disclaimer
In addition to good working conditions and competitive pay, it is Town of Vinton's policy to
provide a combination of supplemental benefits to all eligible employees. In keeping with
this goal, each benefit program has been carefully devised. These benefits include time-off
benefits, such as vacations and holidays, and insurance and other plan benefits. We are
constantly studying and evaluating our benefits programs and policies to better meet
present and future requirements. These policies have been developed over the years and
continue to be refined to keep up with changing times and needs.
The next few pages contain a brief outline of the benefits programs the Town of Vinton
provides employees and their families. Of course, the information presented here is
intended to serve only as guidelines.
The descriptions of the insurance and other plan benefits merely highlight certain aspects of
the applicable plans for general information only. The details of those plans are spelled out
in the official plan documents, which are available for review upon request from the Human
Resources Director. Where there is any conflict between this policy and the terms of any
plan document, the terms of the plan document shall control.
Further, Town of Vinton (including the officers and administrators who are responsible for
administering the plans) retains full discretionary authority to interpret the terms of the
plans, as well as full discretionary authority with regard to administrative matters arising in
connection with the plans and all issues concerning benefit terms, eligibility and entitlement.
While the Town of Vinton intends to maintain these employee benefits, it reserves the
absolute right to modify, amend or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact the Human
Resources Director.
The Town Manager and Council shall have the authority to amend the rules and regulations
contained in this policy in order to have them comply with state or federal law and to
appoint staff to oversee personnel actions and to manage and maintain all records
appropriate to a centralized personnel management system.
Health, Vision, and Dental Insurance
The Town provides health, vision and dental insurance plans. For those who participate, the
cost of these insurance plans is partially funded by the Town, and the remaining amount is
deducted from the employee’s salary. Employees hired after the first business day of the
month, will have their benefit start the first of the following month.
The employee may only enroll, make changes in, or cancel the health and/or dental
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insurance plans upon employment, during yearly open enrollment periods, or within 30 days
of a qualifying event. Contact the Human Resources Department for more details on
qualifying events.
The Town complies with the mandates of the Consolidated Omnibus Budget Reconciliation
Act (COBRA) for any employees who separate from their employment with the Town or
otherwise experience a qualifying event. Contact Human Resources for further information
regarding the Town’s plans.
Employees that have insurance through another source, may waive their coverage through
the Town of Vinton (documentation required) and will receive a taxable stipend of $150.00
per month.
Life Insurance
Each full-time employee participates in the group life insurance plan. The Virginia
Retirement System administers the plan, which offers life insurance without the requirement
of a medical examination. More information about this plan may be obtained from Human
Resources.
Flexible Spending Accounts
Flexible spending accounts may be established by full-time employees to have qualifying
medical expenses and/or dependent care expenses paid through pre-tax payroll deductions
each payday. Employees may only enroll in this benefit within thirty (30) days from the date
of hire or during annual open enrollment periods.
Professional Development
The Town is committed to the on-going professional development of employees, as
resources are available. Employees may be required or approved by their supervisor to
attend job-related training. The training will be considered working time and the employee
will be compensated as though the employee was performing their assigned job duties. All
training activities must be approved in advance by the employee’s supervisor.
Certification Reimbursement
Employees wishing to pursue a professional certification can sign an agreement with the
Town for reimbursement with the following provisions:
• Certification subject must benefit the employee’s current position and be deemed
a value by the Town Manager, Department Head, and Human Resources Director,
prior to enrollment into the certification class.
• The Town will reimburse employees for half of the cost initially and after
successful completion of the class and earning your certification, the Town will
reimburse you for the remaining cost. Total Town contribution will be no more
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than $2000.00 per certification. All funds are on a first come, first served basis.
• The employee agrees, in writing, to continue employment with the Town for
twelve (12) months from the date of certification. If cessation of employment
occurs, the employee will be responsible for repaying the Town the total cost of
all fees. The total cost of fees will be prorated over the twelve (12) months for
the amount of time the employee remains with the Town following completion of
the certification.
• This is subject to annual appropriation. Once all budgeted funds have been
committed, subsequent requests for reimbursement will be placed on a waiting
list in the event that funds become available due to withdrawals, unsuccessful
completion, etc.
Tuition Reimbursement
The Tuition Reimbursement Program is designed to help full-time employees pursue
professional growth and development with the Town of Vinton. The program is normally
intended for those completing academic degree such as an associates, bachelors, or
master’s degree. Courses or degrees from an accredited institution should be related to the
business of the Town, the department, employee’s current position or to prepare the
employee for promotion into another Town position.
The Tuition Reimbursement Program is not intended to replace job skills training,
seminars, workshops, and other training provided by the employee’s department or
required for the job. Employees who are eligible for educational assistance from other
sources, including internal department support, veteran’s benefits, grants, and/or
scholarships, must exhaust those sources before applying for tuition reimbursement.
Applications for request of tuition assistance shall be made by the employee four (4) weeks
prior to the start of the course to the Department Head and Human Resource Director.
Tuition reimbursement will be made for approved courses which meet the eligibility criteria
and must be accompanied by a copy of a grade report or official transcript indicating
completion (grade C or better for undergraduate studies and grade B for graduate studies
or Pass for Pass/Fail courses).
Maximum reimbursable amount per employee of $600 per semester (maximum $1,200 per
Town fiscal year) has been established subject to annual appropriation. Once all budgeted
funds have been committed, subsequent requests for reimbursement will be placed on a
waiting list in the event that funds become available due to course drops, unsuccessful
completion, etc.
If an employee terminates employment with the Town either voluntarily or involuntarily
within twelve (12) months after payment is made for courses listed on this application,
employee must repay all reimbursement funds received. Repayments can be made
through personal check or as a deduction from the employee’s final check. An employee
who leaves the Town prior to receiving payment for tuition reimbursement will forfeit
payment of the requested funds.
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Lactation Breaks
The Town of Vinton will provide a reasonable amount of break time to accommodate an
employee desiring to express breast milk for the employee's infant child, in accordance with
and to the extent required by applicable law. The break time, if possible, must run
concurrently with rest and meal periods already provided to the employee. If the break time
cannot run concurrently with rest and meal periods already provided to the employee, the
break time will be unpaid, subject to applicable law.
The Town of Vinton will make reasonable efforts to provide employees with the use of a
room or location other than a toilet stall for the employee to express milk in private. This
location may be the employee's private office, if applicable.
The Town of Vinton may not be able to provide additional break time if doing so would
seriously disrupt the Town of Vinton's operations, subject to applicable law. Please consult
the Human Resources Department if you have questions regarding this policy.
Employees should advise management if they need break time and an area for this purpose.
Employees will not be discriminated against or retaliated against for exercising their rights
under this policy.
Employee Assistance Program
Town of Vinton provides an employee assistance program for employees and their
immediate family members. Full-time employees and their immediate family members,
including spouses, children, parents, or other relatives living in the employee’s household,
may obtain confidential and professional counseling assistance and referral services through
the EAP.
Retirement Plan
All full-time employees are required to participate in the Town of Vinton's retirement plan.
Employees hired after the first business day of the month, will have their benefit start the
first of the following month. Information on the Virginia Retirement System can be obtained
from the Human Resources Department or by going to www.varetire.org.
Employees retiring from Town service under the provisions set forth in the Virginia
Retirement System for Service Retirement or under Social Security, and having fifteen years
of accumulated Town service, shall be able to retire early by utilizing all sick leave accrued,
but not used, at the rate of one day for every three (or 1/3 of total hours) of accrued and
unused sick leave.
Please see Addendum H for the Employee Service Recognition Policy
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Retiree Group Health Insurance Benefit
Employees that are retiring from Town service and are in good standing, provided twenty
years of service to the Town, and meet all Virginia Retirement System (VRS) requirements
for service retirement are eligible for the benefit of a flat $200 per month to be paid
towards the employee’s group health insurance premium through the Town, until they are
eligible for Medicaid and/or Medicare.
Town Council approved by Resolution No. 2235 on February 2, 2018
Deferred Compensation
All employees have the option of participating in the voluntary deferred compensation
program, Nationwide 457b. For further information regarding the deferred compensation
program or the amount of the Town’s contribution, please contact the Human Resources
Department.
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SECTION 6: PAY PRACTICES
Introduction
This section is set forth pursuant to the Virginia Code requiring the Town to adopt a
classification and pay plan providing uniform compensation for like service (Virginia Code §
15.2-1506). The classification and pay plan is administered by the Town Manager. It is the
Town Manager’s responsibility to ensure that the classification and pay plan is administered
in a fair and equitable basis.
The objectives of the Compensation and Classification Plan are to:
1. Keep Town salaries competitive with comparative jobs in the relevant labor
market;
2. Provide flexibility and internal consistency;
3. Be easy to use and to understand;
4. Provide equitability with existing job classes;
5. Allow for the effective use of available funds within the Town;
6. Support the selection, training, motivation, and retaining of qualified and
superior Town employees;
7. Reward outstanding performance, when funds are available, budgeted, and
appropriated.
The Town Manager shall be responsible for applying the Compensation and Classification
Plan with respect to issues not specifically covered by the plan using the policies expressed
herein as a guide.
Classified positions excluding the Town Manager, Council, part-time, and temporary
positions, will be assigned to a specific salary grade within the Town’s graded salary
structure. A salary grade is a pay range which identifies the minimum and maximum
compensation rate authorized for each position. The Town Manager with approval from
Council will be the final decision maker for all positions and salary grades.
Classification of Employees
• All regular positions in the Town are grouped together into classifications. Each
position in the Town is classified according to the characteristics of work and the
amount of responsibility in the position. Similar positions with like duties and
responsibilities are placed in the same pay grade. Each position has an established
pay grade and a specification describing the duties and qualifications of the position.
• All full-time classified employees will be paid in accordance with the Town’s
classification and pay plan. If the position and its pay rate are not identified in the
classification and pay plan, the Town Manager will determine the rate of pay.
• All part-time, temporary, seasonal, and other employee(s) shall be paid an hourly
rate in accordance with the Town’s classification and pay plan. If the position and its
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pay rate are not identified in the classification and pay plan, the Town Manager will
determine the rate of pay.
•If the Town Manager approves the establishment of a new position, it shall be
allocated to one of the classes in the classification and pay plan. In the event a
suitable class does not exist, the Town Manager shall establish a new position
classification and assign an appropriate pay grade to the class.
•Information regarding the classification and pay plan is available for inspection at the
Town Manager’s office.
Changes in Classification/Grades
Job reclassification means assignment to a lower, higher, or lateral classification or grade
because the job duties and responsibilities have changed significantly enough that they are
no longer consistent with the incumbent position/grade. When an employee’s
classification/grade is changed for any reason and in any way the employee’s salary may be
set at the minimum pay of that grade.
Job Descriptions
All positions listed on the classification and pay plan will have an associated job description.
Job descriptions will be reviewed, as necessary, by the Department Head and employee, on
an annual basis at the time of the annual performance evaluation. The Department Head
will give suggested revisions to the Human Resources Director. Job descriptions may be
updated more often as duties and responsibilities change. The employee shall be given a
copy of his/her respective job description and shall also sign and date a copy of the job
description for placement in his/her personnel file.
Pay Policies
It is the policy and practice of the Town of Vinton to accurately compensate employees and
to do so in compliance with all applicable state and federal laws, including the Fair Labor
Standards Act.
Salary Adjustments
The competitiveness of positions, grades, and/or salary scales may be evaluated and/or
adjusted as part of the Town’s annual budget process. When salary adjustments are
approved for positions, grades, and/or scales by the Town Council as an integral part of the
annual budget process, employees’ salaries may be adjusted accordingly.
Paycheck
The employee will be paid bi-weekly for all the time worked during the past pay period.
Payroll stubs itemize deductions made from gross earnings. By law, the Town of Vinton is
required to make deductions for Social Security, federal income tax and any other
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appropriate taxes. These required deductions also may include any court-ordered
garnishments. Payroll stubs also will differentiate between regular pay received and
overtime pay received.
If there is an error in an employee's pay, the employee should bring the matter to the
attention of their department’s pay roll administrator immediately. After verification that an
error exists, the Finance Director and Human Resources should be notified, so the Town of
Vinton can resolve the matter quickly and amicably.
Direct Deposit
Town of Vinton strongly encourages employees to use direct deposit. Authorization forms
are available from the Human Resources Director.
Acting Status Compensation
Full-time Employees
An employee who is required to assume the duties of another employee, in a
higher pay grade, for two consecutive pay periods, is entitled to acting status
compensation. This compensation is a temporary 2.5% increase in the
employee’s salary. If the employee is filling an open position and then is promoted to
that position, they will receive an additional 2.5% increase to their salary or to the
minimum of the pay grade, whichever is more. Acting status pay is not reflected in
Virginia Retirement System, (VRS), contributions, per VRS business rules.
Council Appointed Positions and Department Heads
An employee who is appointed by Council or acting in a Department Head status will
receive a temporary increase of 10% while maintaining those additional duties and
responsibilities. Acting status pay is not reflected in the Virginia Retirement System,
(VRS), contributions, per VRS business rules.
Service Pay
At the end of every calendar year the Town will recognize employees’ efforts and years of
service. Employees who have at least 5 continuous years will receive $5.00 for each year of
service. Employees will receive payment in the form of a bonus check at the end of the
calendar year. Town Council approved on January 2, 2001
Years Amount
5 $25
10 $50
15 $75
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Pay Scale
The pay scale shall be a no-step, integrated scale with sufficient pay grades to compensate
adequately the employees covered by the Compensation and Classification Plan. The pay for
all employees is established by the Classification Plan.
The Classification Plan is a document prepared by the Town Manager and approved by
Town Council containing job descriptions and pay grades. Pay ranges are assigned to each
grade and are established for each position in the Classification Plan. Every grade consists
of minimum, midpoint, and maximum rate of pay for a position.
Starting Pay
It is the policy of the Town to pay the minimum salary that will attract suitably qualified
applicants for job openings, yet remain competitive and consistent with the following
provisions:
•Inexperienced applicants should normally start at the minimum of the particular
grade. For example, a newly appointed employee, who meets minimum
qualifications, should be paid the minimum rate of pay according to the salary grade
set for the specific position.
•Limited experienced applicants should normally start above the minimum. If the
newly appointed employee meets the minimum essential qualifications, in either
experience, education, job skills, or any combination, that employee may be
appointed at the appropriate level between the minimum rate of pay up to 5%
above the minimum of the specific grade, but only upon the recommendation of the
appropriate Department Head and within the confines of the departmental budget.
Such cases should be thoroughly analyzed and measured against the basic
requirements of the position and must be approved in advance by the Town
Manager.
•Full experienced or exceptionally qualified applicants should normally be started
between the first quartile and the midpoint. Such cases will require prior approval of
the Town Manager.
Position Establishment and Abolishment
The Town of Vinton reserves the right to establish or abolish positions in the Classification
Plan according to its needs. If a position is established, the new established position is
generally posted and applications for employment are accepted according to the Town’s
application process. If a position is abolished, the incumbent(s) in the position is treated
according the Town’s layoff procedure. The Town Manager and Council
shall be responsible for the allocation and abolishment of all positions and may seek the
recommendation of Department Heads or the Human Resources Director.
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Promotions
It is the policy of the Town to encourage qualified Town employees to apply for higher
rated positions and to promote from within if possible. An employee that is promoted into
an existing vacancy may be increased to the greater of the minimum salary of the newer
higher grade or up to 5% above the employee’s salary prior to promotion. Any employee
promoted will be placed on a new probationary period of at least six months. Employees are
required to serve in their current position for at least six (6) months before being eligible for
a promotion unless approved by the Town Manager.
Internal Transfers
An employee may apply for a vacant, posted position for which he/she meets the minimum
requirements by submitting a Town of Vinton application for employment. Employees are
required to serve in their current position for at least six (6) months before being eligible for
a transfer unless approved by the Town Manager. Generally, there is no change in pay for
lateral transfers. All transferred employees may be required to serve a new probationary
period. In addition to voluntary transfers, the Town may also transfer employees when it
deems necessary for the best interests of the Town.
Demotion
A demotion is defined as the movement from one salary grade to a position in a lower
salary grade. The following rules apply:
•If the demotion is due to performance or disciplinary reasons, the employee’s
salary is determined based on the employee’s experience applicable to the new
position requirements in accordance with the starting pay policy and taking into
consideration the reason for the demotion.
•A voluntary demotion is when an employee voluntarily moves to a position in a
lower salary grade.
•The compensation of a demoted employee will generally be within the salary
range established for the employee’s new position. If the demoted employee’s
current salary is above the maximum rate established for that position, the salary
may be reduced. The demoted employee’s salary may be set at any point within
the established range for his or her new grade. The new salary will be based
upon recommendation by the supervisor and the Human Resource Director and
approved by the Town Manager.
Vacation Cash-out – Hardship
The Town realizes that in the event of an unforeseeable event, the employee may
experience a hardship circumstance where a request to cash out accrued but unused
vacation leave may be necessary to be paid out. Although not inclusive, the type of
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expenses that would qualify for a hardship would be medical expenses, funeral expenses,
imminent foreclosure of or eviction from the employee’s primary residence, certain expenses
needed for the repair of damage to the employee’s primary residence, or other similar
extraordinary and unforeseeable circumstances that arose beyond the employee’s control.
The following rules apply:
• Employee will fill out a Vacation Cash-out Request form.
• Requests for cash out of unused vacation are subject to approval by the Town
Manager.
• All approved requests will be paid on the next scheduled Payroll in a separate
check.
• If approved, the employee may cash out a maximum of 120 hours and must
have a minimum of 40 hours remaining after the cash out.
• The employee may request a maximum of one vacation cash out per calendar
year.
• The employee is ineligible for donated time for the six months immediately
following the cash out.
Working Hours and Schedule
Town of Vinton Administrative Offices are normally is open for business from 8:00 am to
5:00 pm, Monday through Friday. Each department has varying hours and employees
should refer to their specific department. The employee will be assigned a work schedule
and will be expected to begin and end work according to the schedule. To accommodate
the Town’s needs, at some point the Town may change individual work schedules on either
a short-term or long-term basis.
Employees will be provided meal and rest periods as required by law.
Timekeeping Procedures
Employees must record their actual time worked for payroll and benefit purposes. Non-
exempt employees must record the time work begins and ends, as well as the beginning
and ending time of any departure from work for any non-work-related reason, on forms as
prescribed by management. Time is kept in quarter hour increments with anything less than
7 minutes will round down to zero, anything above 8 minutes will round up to 15 minutes.
Department Heads are charged with making sure this is not abused.
Altering, falsifying or tampering with time records is prohibited and subjects the employee
to discipline, up to and including discharge.
Exempt employees are required to report full days of absence from work for reasons such
as leaves of absence, sick leave or personal business.
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Non-exempt employees may not start work until their scheduled starting time except for
Public Safety Personnel.
It is the employee's responsibility to sign time records to certify the accuracy of all time
recorded. Any errors in the time record should be reported immediately to a supervisor, who
will attempt to correct legitimate errors.
Overtime
The Town reserves the right to require all employees to work overtime. Supervisors are
responsible for directing overtime work if it is necessary. Efforts will be made to provide
employees with adequate advance notice in such situations. Employees may work overtime
only with prior management authorization.
The non-public safety employee workweek is defined as seven (7) consecutive 24-hour
periods beginning on Monday and ending on the following Monday. Start times are
Public Works – 07:00 AM and Administration at 8:00 A.M.
Sworn Public Safety employees have a fourteen (14) day work period and are scheduled
either twelve (12) hour or eight (8) hour shifts. Overtime rules for Public Safety Personnel
are in accordance with FLSA guidelines.
Alternative workweeks may be established by the Town Manager as he or she deems
appropriate. The Town Manager will provide written notice of any such alternative
workweeks to the impacted employees.
• Except for sworn public safety employees or where an alternative pay plan has been
established by the Town Manager, any non-exempt employee who works overtime
will be compensated at the rate of one and one-half times (1.5) his/her regular rate
for all time worked in excess of forty (40) hours each workweek, unless otherwise
required or provided by law.
• Compensatory time off may be provided in lieu of paid overtime.
Errors in Payments
The Town makes every effort to ensure pay accuracy. Each employee shall review his or her
pay statement when received to make sure that the pay is correct. Occasionally, inadvertent
mistakes may happen. In the event that a mistake does occur, employees are encouraged
to notify their supervisor, payroll department, and/or the Human Resources Director so that
prompt corrections can be made. If it is determined that an improper deduction has
occurred, the employee will be promptly reimbursed for such improper deduction.
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Compensatory Time
In lieu of receiving the overtime payment for time in excess of forty (40) hours per 7-day
workweek, non-exempt employees, at his/her option may elect to take compensatory time.
• Compensatory time is accrued at one and one-half hours for each hour of overtime
earned for nonexempt employees.
• The maximum accumulation of compensatory time for all eligible employees is listed
below:
o Administrative personnel – 16 hours
o Service/Maintenance personnel – 32 hours
o Public Safety personnel are eligible for compensatory time under FLSA,
however due to the size of the departments the Town elects to only pay out
the overtime.
• This is a revolving accumulation of hours and cannot exceed allotted hours at any
given time.
• Any employee who has accrued the maximum number of compensatory hours shall
be paid overtime compensation for any additional hours of overtime worked.
• An employee shall submit his/her request to take compensatory time off in the same
manner used for annual leave requests. An employee shall be permitted to use
his/her accrued compensatory time within a reasonable period of time after it is
requested as long as it does not unduly disrupt the operation of the Town of Vinton.
All requests to use compensatory time shall be in writing and submitted in advance
to the employee's supervisor for approval.
• Employees will receive full payment for accrued compensatory leave upon separation
from the entity. All compensatory time shall be in accordance with state and federal
requirements. Payments of compensatory time upon termination of employment
shall be in accordance with state and federal requirements.
• Compensatory time shall be earned and taken in 15-minute increments.
• Accrued hours must be taken by December 31st of the year they were accrued,
except if the hours were accrued after December 1st. Any hours accrued after
December 1st must be used by December 31st of the following year.
• Compensatory time earned through November 30th and still showing in the
employee’s compensatory accrual balance as of December 31st will be paid to the
employee, on the first pay day of the next calendar year.
Travel and Training Reimbursement
The Town of Vinton provides a Transportation Reimbursement Program which allows all
employees to pay for eligible transportation expenses with pre-tax income. Town employees
who incur travel expenses for Town of Vinton business will be reimbursed for reasonable
work-related expenses at actual costs. The following rules apply:
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•Employees are responsible for keeping a detailed expense record (including
original receipts) and will be reimbursed for actual approved expenses with the
exception of meal reimbursements.
•All travel is subject to prior approval by the Department Head and Town Manager.
All travel requests must be submitted within 10 days in advance on the Request
for Travel Form regardless of payment. This includes payments for registration
fees and travel that is paid for by credit card.
•Reimbursements will only be made after submitting all eligible travel expenditure
receipts with a completed Travel Expense Reimbursement Form.
•Ineligible expenses include but are not limited to the following: purchasing
alcoholic beverages, personal recreation- related expenses, and in-room hotel
“pay-for-view” movies and/or games.
•All employees are expected to be prudent in incurring travel expenses. Expenses
judged to be unreasonable by the immediate supervisor, or expenses
insufficiently documented, may be disallowed. All expenses incurring from anyone
other than the employee must be paid for or reimbursed by the employee prior to
or upon return from travel.
Lodging
Lodging expenses are not available for travel less than 60 miles one way. For travel over 60
miles one way, lodging expenses may be available if lodging is reasonably necessary and
approved in advance. Expenses for lodging (room and tax) should meet the business and
personal needs of the employee and offer good value. Travelers should use standard room
accommodations and only for the duration of the stay. The additional cost of room upgrades
(e.g.: suite, executive floor, room with a view, etc.) is not reimbursable. Many hotels/motels
give a discount to conference attendees or municipal/government employees traveling on
business. Employees should request conference, governmental, or corporate rates when
making reservations as appropriate. If a traveler stays overnight with relatives or friends
where no charge is incurred, an explanation should be made on the travel form.
Meals: Per Diem
The Town may reimburse for reasonable expenses for up to three meals per day including
tips; not to exceed the maximum meal per diem in effect at the time of travel. The following
rules apply:
•If meals are included with registration or lodging as part of a package plan, note
the number of meals and indicate whether they are breakfast, lunch or dinner on
the expense form.
•Meals that are included in the registration fee will have a reduction in the daily
per diem. This does not include complimentary continental breakfasts or meals
provided by exhibitors.
•The Town will reimburse employees the current GSA rate at the time and location
of travel. Per diem rates referenced from www.gsa.gov/perdiem
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Meals Purchased with Town Credit Card
Meals purchased on Town credit cards during any travel status are subject to the daily per
diem rate. If per diem has been issued to the employee prior to travel and meals are
erroneously charged on the Town Credit Card, the employee must reimburse the Town for
actual costs of the meal as well as any amount exceeding the per diem rate. When using a
credit card for meals, expenses for individual meals and tips are to be recorded on a daily
basis. Town recognizes the importance of paying for food services, and would like to
encourage employees to tip when representing the Town of Vinton. An appropriate amount
to tip would be 15% for good service, and under no circumstance should an employee
should tip above 20% of the total meal cost. The Department Head is responsible for
determining what is an appropriate meal charge for their department.
Trade/Professional/Business Association Meetings
Reimbursements for meal expenses directly related to and necessary for attending business
meetings or conventions of certain exempt organizations are excludable from wages if the
expenses of your attendance are related to your trade or business. These organizations
include chambers of commerce, business leagues and trade or professional associations.
IRS Reg. §1.274-2(d)(3)
Trade, professional, and business meetings are defined as economic development purposes,
Council Committees, certain trainings held in Town facilities and representation of the Town
at local or regional associations. The Town Manager, for budget control purposes,
may establish limits for reimbursement of total travel expenses.
Fringe Benefits
An employee "fringe benefit" is a form of pay other than money for the performance of
services by employees. Any fringe benefit provided to an employee is taxable income for
that person unless the tax law specifically excludes it from taxation. Taxable fringe benefits
must be included as income on the employee's W-2 and are subject to withholding. Tax-free
employee fringe benefits include:
health insurance (up to certain dollar amounts)
accident insurance
disability insurance
Health Savings Accounts
dependent care assistance
educational assistance
group term life insurance coverage—limits apply based on the policy value
achievement awards de minimis (low-cost) fringe benefits such as low value birthday
or holiday gifts, event tickets, traditional awards (such as a retirement gift), other
special occasion gifts, and coffee and soft drinks
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cafeteria plans that allow employees to choose among two or more benefits
consisting of cash and qualified benefits, and
working condition fringe benefits--that is, property and services provided to an
employee so that the employee can perform his or her job.
A detailed discussion of all the rules applicable to these fringe benefits is contained in IRS
Publication 15-B, Employer’s Tax Guide to Fringe Benefits. For specific concerns or
questions contact the Finance Director.
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SECTION 7: TIME OFF AND LEAVES OF ABSENCE
Paid Holidays
Full-time employees will be paid for the following holidays:
• New Year's Day
• Martin Luther King, Jr. Day
• President's Day
• Memorial Day
• Juneteenth Day
• Independence Day
• Labor Day
• Veterans' Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Day
• Floating holiday assigned at the discretion of the Town Manager
When holidays fall or are celebrated on a regular work day, eligible employees will receive
one (1) day's pay at their regular straight-time rate. Eligible employees who are called in to
work on a holiday will receive one (1) day's pay at their regular straight-time rate, and an
additional payment of straight-time for the actual time they work that day.
If a holiday falls within an eligible employee's approved vacation period or while on sick
leave, the eligible employee will be paid for the holiday (at the regular straight-time rate) in
lieu of using vacation or sick time.
If a holiday falls within a jury duty or bereavement leave, the eligible employee will be paid
for the holiday (at the regular straight-time rate) in addition to the leave day, or the eligible
employee will receive an additional day off at the option of the Town of Vinton.
Vacation Time
We know how hard employees work and recognize the importance of providing time for rest
and relaxation. We fully encourage employees to get this rest by taking your vacation time.
The following rules apply:
• The maximum accumulation of vacation leave that can be carried over from one
calendar year to the next is determined by years of service with the Town
• Leave beyond the maximum levels not used by the beginning of the first full pay
period of the calendar year shall automatically be converted to sick leave and
deposited into the employees’ sick leave banks.
Every effort will be made to grant the employee's vacation preference, consistent with our
operating schedule. However, if too many people request the same period of time off, the
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Town of Vinton reserves the right to choose who may take vacation during that period.
Employees with the longest length of service generally will be given preference.
• Vacation requests must be submitted to an employee's manager at least two (2)
weeks in advance of their requested vacation dates. For scheduling purposes,
Public Safety Personnel may be required to give up to one year of notice.
• Vacation may be used only in 15-minute increments.
• Accrued, unused vacation is paid out upon separation if leaving in good standing
and having given proper notice.
• Vacation taken counts as hours worked in the computation of overtime.
• Accrual rates for full-time employees are listed below:
Sick Time
All full-time employees are eligible to receive up to twelve (12) paid sick days, Public Safety
Personnel on 12-hour shifts receive up to 11.2 day. The following rules apply:
• If an employee will be out of work due to illness, he or she must call in and notify
his or her supervisor as early as possible, but at least by the start of the workday.
• If the employee calls in sick for three (3) or more consecutive days, he or she is
required to provide their supervisor with a doctor's note on the day he or she
returns to work.
• Time off for illnesses might qualify for Family Medical Leave Act.
• While sick days are intended to cover only an employee's own illnesses, if
required by applicable state or local law, sick days may be used to care for a
family member's, including civil union partners', illness or for any other reason
required by applicable state or local law.
• Sick days must be used in at least 15-minute increments.
• Sick hours taken do not count as hours worked in the computation of overtime
except for Public Safety Personnel.
• Full-time employees not using sick leave during an entire calendar year shall
receive one (1) additional day of annual leave to be credited at the beginning of
the next calendar year.
Vacation Accruals
Full Time Employees and Public Safety
Employees that work 8-hour shifts
Vacation Accruals
Full Time Public Safety Employees
that work 12- hour shifts
Years
Completed
Hours
Accrued
Max
Hours Years
Completed
Hours
Accrued
Max
Hours
<1>2 96 <1>3.0 144.0
1 4 192 1 5.6 268.8
5 5 240 5 7.0 336.0
10 6 288 10 8.4 403.2
15 7 336 15 9.8 470.4
20+8 384 20+11.2 537.6
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Total accumulated sick leave shall not exceed one thousand four hundred forty (1,440)
hours at the end of each calendar year.
• Accrued sick leave in excess of 1,440 hours will be compensated at a rate of
$10.00 per hour at the beginning of each new calendar year for all employees.
Donated Time
The Town recognizes that employees may have a family emergency or a personal crisis that
causes a severe impact to them resulting in a need for additional time off in excess of their
available sick/personal time. To address this, need all eligible employees will be allowed to
donate sick/personal time from their unused balance to their co-workers in need in
accordance with the policy outlined below. This policy is strictly voluntary.
Eligibility
• Employees who donate sick/personal time must be employed with the Town of
Vinton for a minimum of 1 year.
• Employees who request time must not be in a probationary period.
Guidelines
Employees who would like to make a request to receive donated sick/personal time from
their co-workers must have a situation that meets the following criteria:
• Family Health Related Emergency- Critical or catastrophic illness or injury of the
employee or an immediate family member that poses a threat to life and/or requires
inpatient or hospice health care. Immediate family member is defined as spouse,
child, parent or other relationship in which the employee is the legal guardian or sole
caretaker.
• Other Personal Crisis- A personal crisis of a severe nature that directly impacts the
employee. This may include a natural disaster or other incident impacting the
employee’s primary residence such as a fire or severe storm.
• Employees who donate sick/personal time from their unused balance must adhere to
the following requirements:
o Donation minimum- 4 hours
o Donation maximum- 40 hours or no more than 50 % of your current balance
Full Time Employees &
Public Safety Employees
working 8-hour shifts
Full Time Public Safety
Employees working
12-hour shifts
4 hours per pay 5.6 hours per pay
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Note: Employees who donate time must have sufficient time in their balance and will not
be permitted to exhaust their balances due to the fact that they may experience their own
personal need for time off. Employees cannot borrow against future sick/personal time to
donate.
Employees who receive donated sick/personal time may receive no more than 480 hours
(12 weeks) within a rolling 12-month period.
Employees who are currently on an approved leave of absence cannot donate sick/personal
time.
Procedure
•Employees who would like to make a request to receive donated sick/personal
time are required to complete a Donation of Sick/Personal Time Request Form.
The form will require the approval of the Department Head, Human Resources
Director, and the Assistant Town Manager.
•Employees who wish to donate sick/personal time to a co-worker in need must
complete a Donation of Sick/Personal Time Form.
•Employee information will remain confidential.
•All forms should be returned to the Human Resources Director.
Approval
•If the recipient employee has available sick/personal time in their balance, this
time will be used prior to any donated sick/personal time.
•Request for time does not guarantee time will be donated. Each request will be
evaluated based on need, how the employee has managed their own leave, and
employment status.
•Donated sick/personal time may only be used for time off related to the approved
request.
Sick/personal time donated that is in excess of the time off needed will be returned to the
donor.
Personal Unpaid Leave
If employees are ineligible for any other Town of Vinton leave of absence, the Town of
Vinton, under certain circumstances, may grant a personal leave of absence without pay. A
written request for a personal leave should be presented to management at least two (2)
weeks before the anticipated start of the leave. If the leave is requested for medical reasons
and employees are not eligible for leave under the federal Family and Medical Leave Act
(FMLA) or any state leave law, medical certification also must be submitted. The request will
be considered on the basis of staffing requirements and the reasons for the requested
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leave, as well as performance and attendance records. However, a personal leave may be
extended if, prior to the end of leave, employees submit a written request for an extension
to management and the request is granted. During the leave, employees will not earn
vacation or sick days. We will continue health insurance coverage during the leave if
employees submit their share of the monthly premium payments to the Town of Vinton in a
timely manner, subject to the terms of the plan documents.
When the employee anticipates returning to work, he or she should notify management of
the expected return date. This notification should be made at least one week before the end
of the leave.
Upon completion of the personal leave of absence, the Town of Vinton will attempt to return
employees to their original job or a similar position, subject to prevailing business
considerations. Reinstatement, however, is not guaranteed.
Failure to advise management of availability to return to work, failure to return to work
when notified or a continued absence from work beyond the time approved by the Town of
Vinton will be considered a voluntary resignation of employment.
Military Leave
If employees are called into active military service or enlist in the uniformed services, they
will be eligible to receive an unpaid military leave of absence in accordance with the
Uniformed Services Employment and Reemployment Rights Act. See Section 9: Addendums.
To be eligible for military leave, employees must provide management with advance notice
of service obligations unless they are prevented from providing such notice by military
necessity or it is otherwise impossible or unreasonable to provide such notice. Provided the
absence does not exceed applicable statutory limitations, employees will retain
reemployment rights and accrue seniority and benefits in accordance with applicable federal
and state laws. Employees should ask management for further information about eligibility
for Military Leave.
During the period of active military service, an employee may elect to continue health
insurance with no change in coverage pursuant to COBRA for the maximum time allowed;
however, the employee must pay the employee’s and any dependent coverage cost
pursuant to COBRA.
If employees are required to attend yearly Reserves or National Guard duty, they can apply
for an unpaid temporary military leave of absence not to exceed the number of days
allowed by law (including travel). They should give management as much advance notice of
their need for military leave as possible so that we can maintain proper coverage while
employees are away.
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Family and Medical Leave (FMLA)
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected
leave for specified family and medical reasons with continuation of group health insurance
coverage under the same terms and conditions as if the employee had not taken leave.
Most eligible employees are entitled to up to twelve weeks of unpaid leave in a twelve-
month period for qualifying reasons. Leave may be extended to 26 weeks to care for an
injured or ill service member. Please see the complete FMLA policy for conditions of
eligibility and authorized reasons for leave.
See Addendum F for complete FMLA Policy.
Civil Leave
The Town of Vinton realizes that it is the obligation of all U.S. citizens to serve on jury duty
when summoned to do so. All employees will be allowed time off to perform such civic
service as required by law. Employees are expected, however, to provide proper notice of a
request to perform jury duty and verification of their service.
Employees also are expected to keep management informed of the expected length of jury
duty service and to report to work for the major portion of the day if excused by the court.
If the required absence presents a serious conflict for management, employees may be
asked to try to postpone jury duty.
Employees on jury duty leave will be paid for their jury duty service in accordance with state
law; however, exempt employees will be paid their full salary for any week in which time is
missed due to jury duty if work is performed for the Town of Vinton during such week.
The employee will keep payment received for jury duty, and payroll will deduct from the
employee’s gross wage an amount equal to the jury duty payment (excluding
reimbursement for travel expenses). If the employee chooses to charge the leave duty to
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.
Jury duty leave may not exceed the time actually spent fulfilling the civil duty. Any
additional time off on the same day must be charged to annual leave, compensatory time (if
eligible), or leave without pay. If the court dismisses an employee from jury or witness duty
during the employee’s normal workday the employee should call his/her manager to see if
the employee should return to work.
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Volunteer Leave
At the discretion of the appropriate supervisor, employees may be granted paid time away
from their customary work duties for tasks or projects that provide benefit to a community
cause, so long as such absence from the employee’s work duty does not interfere with the
necessary business operations of the Town. For more information, see the Human
Resources Department.
Administrative Leave
The Town Manager, or his or her designee, including department directors, may place
individual Town employees or groups of Town employees on paid or unpaid administrative
leave. Factors that may warrant such leave may include a pending human resources or
other investigation, severe weather conditions or other conditions for which the
management may need to exercise discretion. For further information, please see the
Human Resources Department.
Voting Leave
Virginia law requires an employer to provide an employee time off to serve as an election
officer if the employee has given reasonable notice of the need for leave. The leave will not
be paid. Employees may use vacation or awarded leave balances to cover hours missed. If
an employee serves as an election officer for four (4) or more hours, including travel time,
on a given day, he or she may not be required to start a shift that begins on or after 5:00
p.m. on the day of service as an election official or after 3:00 a.m. on the day following the
day of service.
Bereavement Leave
The Town will provide up to three (3) working days to cover any absence related to the
death of the employee’s spouse, the employee’s child or stepchildren, brother, sister, step-
brother, stepsister, parent, spouse’s parent, stepmother, stepfather, grandparent,
grandchild, in-laws, aunt, uncle, cousin, or a relative living in the employee’s household.
In unusual circumstances, the Town Manager may extend the three-day limit at the
recommendation of the employee’s supervisor; not exceed six days in one fiscal year. This
time off is not deducted from their accrued leave balances. If additional time off is required,
the employee may use accrued leave, compensatory time (if eligible), or leave without pay,
following discussions with the appropriate supervisor.
Awarded Leave
Awarded leave is a time–off award. It is time off from duty, without loss of pay or charge to
leave balances. Upon separation, awarded leave is not paid out as it has no monetary value.
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SECTION 8: LEAVING THE TOWN
Lay-off/Recall
The Town of Vinton may find it necessary to reduce the number of employees/positions
through layoff or abolishment of the position. If layoffs become necessary, it will be the
responsibility of the Department Head and Town Manager to identify the positions and
employees to be affected. Generally, all part-time and temporary employees in the positions
to be reduced will be discontinued before there is any reduction in full-time employees in
similar positions. In this instance, full-time and part-time employees who are laid off, and
were performing satisfactorily prior to lay-off, shall be placed on an eligibility list for up to
one (1) year and shall be given first consideration, if possible, to return to work should an
opening become available that is commensurate with his/her skills. There is, however, no
right to recall.
If an employee receives and accepts an offer to return to work within one year from the
date of lay-off, he/she may be credited with any balance of prior accumulated sick leave for
which he/she has not received compensation. If the employee is eligible for call-back loses
required certification as a result of the time of lay-off, the requirement of certification may
be temporarily waived for that employee, and any costs for recertification upon
reemployment may be paid by the Town if it chooses to do so. In determining which
employees shall be affected by any reduction in force, the Department Head shall consider
legitimate business factors such as length of service, performance, job skills and duties, and
the specific benefit to the Town of each employee.
Termination of Service-Voluntary/Involuntary
Voluntary
• Those employees voluntarily resigning (or retiring from) their employment with
the Town are required to give a minimum of two weeks (14 calendar days)
written notice to the Department Head prior to the effective date of the
resignation/retirement. This notice enables the Department Head to decide for a
replacement and provides for work continuity. Employees are not allowed to use
any accrued leave during the notice period without the prior and timely approval
of the Department Head and Town Manager.
• At the time of resignation, under extenuating circumstances, the Department
Head may, as it deems necessary, pay the employee for the notice period instead
of allowing the employee to work out the notice period.
• Employees must schedule an exit interview with Human Resources.
• Employees that give the appropriate notice of resignation/retirement will be
considered in good standing and are eligible to apply for any vacant position for
which they meet the qualifications.
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Involuntary
• Layoff – A reduction in the workforce (either for a temporary or indefinite period
of time) due to economic conditions, lack of work or funds, Town or department
reorganization, or other appropriate reason, initiated by the Town.
• Dismissal – Involuntary separation initiated by the Town other than layoff and
medical disability.
• Medical disability – Separation because an employee is no longer able to perform
the essential functions of his or her job with or without a reasonable
accommodation due to a physical or mental condition/impairment.
Returning Town Property
Employees that leave The Town of Vinton must return any Town property in their
possession. This property includes items such as manuals, identification cards, books,
badges, keys, uniforms, and tools. The failure to do so can lead to legal action.
Termination Pay
An employee's official date of termination is his/her last active working day. Upon
separation of employment (this includes retirement, voluntary or involuntary termination),
an employee may be entitled to payment for unused annual leave, less reimbursement to
the Town for damaged or lost property, or any other debt owed to the Town.
Employees will be paid for all hours worked for the Town prior to voluntary or involuntary
termination on or before the next regular payday after the date of the voluntary or
involuntary termination.
Re-Employment
An employee who voluntarily leaves the Town in good standing shall be eligible for rehire. A
pre-condition of re-employment shall be the reimbursement to the Town of all amounts
owed to the Town by the employee. The employee’s anniversary date and leave benefits
shall begin on the re-employment date of the former employee.
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SECTION 9: ADDENDUMS
These policies do not constitute a contract of employment. The policies as a whole, or
individually by section, may be modified, amended, or rescinded at the sole discretion of the
Town of Vinton without notice.
Addendum A
Grievance Policy and Procedure
The purpose of this policy is to provide an immediate and fair method for the resolution of
disputes which may arise between the Town and its eligible employees. A grievance is a
complaint or dispute by an employee relating to his employment, including but not
necessarily limited to:
• Disciplinary actions, including dismissals, disciplinary demotions and suspensions,
provided that dismissals shall be grievable whenever resulting from formal discipline
or unsatisfactory job performance.
• The application of personnel policies, procedures, rules, and regulations, including
the application of ordinances and statutes.
• Acts of retaliation as the result of the use of or the participation in the grievance
procedure or because the employee has complied with any law of the United States
or of the Commonwealth of Virginia, has reported any violation of such law to a
governmental authority, has sought any change in law before the United States
Congress or the Virginia General Assembly, or has reported an incident of fraud,
abuse, or gross mismanagement.
• Discrimination on the basis of race, creed, color, sex, religion, political affiliation,
national origin, age, disability, gender identity, marital status, veteran or military
status, sexual orientation, genetic information, pregnancy or any other characteristic
protected by applicable federal, state or local laws.
The Town reserves to itself the exclusive right to manage the affairs and operations of
Town government. Accordingly, complaints involving the following management rights and
prerogatives are not grievable:
• Establishment and revision of wages or salaries, position classification or general
benefits.
• Work activity accepted by the employee as a condition of employment, or work
activity which may reasonably be expected to be a part of the job content.
• The contents of ordinances, statutes, or established personnel policies, procedures,
rules, and regulations.
• The methods, means, and personnel by which work activities are to be carried on,
including but not necessarily limited to; the provision of equipment, tools, and
facilities necessary to accomplish tasks; the scheduling and distribution of
manpower/personnel resources; and training and career development.
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• The hiring, promotion, transfer, assignment, and retention of Town employees.
• Failure to promote except where the employee can show that established
promotional policies or procedures were not followed or applied fairly.
• The relief of employees from Town duties, or acting as may be necessary to carry out
the Town’s duties, in emergencies.
• Direction and evaluation of the work of Town employees.
• Termination, layoff, demotion, or suspension from duties because of lack of work,
reduction in force, or job abolition, except where such action affects an employee
who has been reinstated within the previous six months as the result of the final
determination of a grievance. In any grievance brought under the exception to this
paragraph, the action shall be upheld upon a showing by the Town that there was a
valid business reason for the action, and the employee was notified of the reason in
writing prior to the effective date of the action.
Except as noted below, all non-probationary, permanent full-time and part-time employees
are eligible to file grievances under this procedure. The following are the exceptions:
• The Town Manager, Assistant Town Manager, and all Department Heads.
• Members of boards and commissions.
• Employees whose terms of employment are limited by law.
• Officials and employees who by charter or other law serve at the will or pleasure of
an appointing authority.
• Appointees of elected individuals or elected groups.
• Probationary employees.
• Temporary, limited term, and seasonal employees.
• Law enforcement officers as defined in Chapter 5 of Title 9.1 of the Code of Virginia,
whose grievance is subject to the provisions of that Chapter and who have elected to
proceed pursuant to those provisions in the resolution of their grievance, or any
other employee electing to proceed pursuant to any other existing procedure in the
resolution of his grievance.
The Town Manager shall determine the officers and employees (by position) excluded from
this grievance procedure and shall maintain a list of such excluded positions.
Prior to the Official Grievance Process
An employee who believes he has a grievance and wishes to utilize this procedure shall
discuss the grievance informally with his immediate supervisor within thirty calendar days of
the occurrence of the incident giving rise to the grievance or within thirty calendar days
following the time when the employee reasonably should have gained knowledge of its
occurrence. A response to the grievance shall be communicated, either in writing, to the
grievant within ten calendar days.
Note: If the complaint is alleging discrimination or retaliation by the immediate supervisor,
the employee may bypass the informal process and present the formal grievance at Step 1
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to the Department Head or, if there is no Department Head above the immediate supervisor
then proceed to Step 2, the Assistant Town Manager.
Formal Process
If the employee is not satisfied with and does not accept the immediate supervisor’s
response, or if a timely response if not received from the immediate supervisor, the
employee may initiate the formal grievance process.
The four steps in the formal grievance process are as follows:
Step 1: Department Head
Step 2: Assistant Town Manager
Step 3: Town Manager
Step 4: Panel Hearing
Step 1
If the grievant is not satisfied with and does not accept the immediate supervisor’s
response, or if a response is not provided within the required time frame, the grievant may
proceed by putting the grievance in writing on the Grievance Form. The Grievance Form
shall be delivered, by mail or in person, to the Department Head within ten calendar days of
receipt of the immediate supervisor’s response or the deadline for that response, whichever
occurs first. If the immediate supervisor is the Department Head, the employee should
bypass Step 1 and present the written grievance to the Assistant Town Manager at Step 2.
The grievant shall specify the relief that he expects to gain through the use of this procedure.
The department head shall promptly meet with the grievant. Normally, the only persons who
may be present at the meeting or hearing shall be the Department Head, the grievant, and
the appropriate witnesses. The Department Head shall render a written response to the
grievance within ten calendar days following receipt of the completed request form.
Step 2
If the grievant does not accept the response at Step 1, or if the Department Head fails to
respond within the required time frame, the grievant shall indicate his desire to advance the
grievance to Step 2 on the Grievance Form. The Grievance Form shall be delivered by mail
or in person, directly to the Assistant Town Manager within ten calendar days following
receipt of the Step 2 response or immediately after the deadline for that response,
whichever occurs first. The Assistant Town Manager shall meet with the employee and
render a written response to the grievance within ten calendar days following receipt of the
completed request form.
Any question concerning whether the grievance is subject to this grievance procedure shall
be resolved before the resolution of Step 2 of the grievance procedure. If grievability is an
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issue, the Assistant Town Manager shall present the issue to the Town Manager promptly.
Deadlines associated with Step 2 shall be continued until the issue of grievability is resolved.
The Town Manager shall make his or her decision concerning grievability within ten (10)
days of referral to the issue from the Assistant Town Manager. In the event that the Town
Manager determines that the complaint, or a portion of the complaint, is not grievable, the
grievant may appeal that decision to the Circuit Court as set out in Section IV (B) of this
procedure. See grievability and access portion below.
Step 3
If the grievant does not accept the Step 2 written response, or if the Assistant Town
Manager fails to respond within the required time frame, the grievant shall complete Step 3
of the Grievance Form. The Grievance Form shall be delivered, by mail or in person, directly
to the Town Manager within (10) ten calendar days following receipt of the Step 2 response
or the deadline for that response, whichever occurs first. The Town Manager shall meet
with the employee and render a written response to the grievance within (10) ten calendar
days following receipt of the completed request form.
Step 4
If the grievant does not accept the Step 3 written response, or if the Town Manager fails to
respond within the required time frame, and the grievant wishes to advance to a grievance
panel hearing, the grievant shall complete Step 4 of the Grievance Form.
The Grievance Form shall contain the name of the person whom the grievant desires to
serve on the grievance panel. The grievant shall not name a person to serve on the
grievance panel unless and until the grievant has received that person’s consent to do so.
The grievance shall be heard by an impartial grievance panel as set out in this procedure.
Grievability and Access
Grievability and access are determined by the Town Manager generally after the grievance
reaches Step 2 (and in all cases before a panel hearing). Only after the Town Manager has
determined that a complaint is grievable and/or the grievant has access to the procedure may
a grievance be advanced through Steps 3 and 4. Should the question of grievability or access
arise at Step 1 the grievant or the Department Head may request a ruling on grievability
and/or on access by the Town Manager. The Town Manager shall render a decision within
(10) ten calendar days of receipt of the ruling request and shall send a copy of the decision
to the grievant and the department head.
The Town Manager’s decision on grievability and/or access may be appealed to the Circuit
Court of the Town. Such appeals shall be instituted by the grievant by filing a notice of appeal
with the Town Manager within (10) ten calendar days from the date the grievant received the
decision. Within (10) ten calendar days after the filing of the notice of appeal, the Town
Manager or his designee shall transmit to the Clerk of the Circuit Court a copy of the Town
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Manager’s decision on grievability or access to the procedure, a copy of the notice of appeal,
a copy of the grievance record, and copies of all exhibits. A list of the evidence furnished to
the Court shall also be furnished to the grievant. The appeal will be heard by the Circuit Court
as provided by law. The decision of the Circuit Court is final and is not appealable.
General Terms
Except as otherwise noted, the following rules apply to all levels of grievance hearings.
• This process shall conform, in all respects, with the requirements of Virginia Code §
15.2-1607.
• Time intervals specified in Steps 1 through 4 may be extended by mutual consent of
the parties and, if applicable, the panel.
• When a deadline falls on a Saturday, Sunday, or Town holiday, the next calendar day
that is not a Saturday, Sunday, or Town holiday shall be considered the last calendar
day.
• All grievance meetings and hearings shall be held during normal Town working hours
unless both the grievant and the Town Manager should mutually agree otherwise.
• Town employees who are necessary participants at grievance hearings shall not lose
pay for time necessarily lost from their jobs and will not be charged leave because of
their attendance at the grievance proceedings.
• At the Step 3 meeting, the grievant, at his option, may have present, a
representative of his choice. If the grievant is represented by legal counsel, the
Town likewise has the option of being represented by counsel.
• The use of recording devices or a court reporter is not permitted at Step 1, 2, and 3
meetings. Only Step 4 hearings may be recorded.
• Hearings are not necessarily intended to be conducted like proceedings in court and
the rules of evidence do not necessarily apply.
• At Step 4, the grievance panel shall have the discretion to limit the attendance at the
hearing of persons not having a direct interest in the hearing.
• At the request of either party, Step 4 hearings shall be private.
• The grievant shall present his evidence first and shall have the burden of proof.
• The grievance panel shall determine the propriety of and the weight to be given the
evidence submitted.
• Both the grievant and the Town may call appropriate witnesses. All witnesses,
including the grievant, shall be subject to examination and cross-examination.
• Witnesses shall be present only while actually giving testimony and shall otherwise
be excluded from the room.
• Where a grievant has obtained partial relief at one level of this grievance procedure
but decides to appeal to the next higher level, the filing of a request form to the next
higher level shall constitute rejection of, and relinquishment of any claim to, any and
all relief granted at the previous level.
• Each party shall bear the costs and expenses it incurs in the grievance process,
including, if any, costs and expenses of his legal counsel or representative.
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Rules Concerning Grievance Panels and Panel Hearings
• Selection of Grievance Panel.
o Within ten calendar days of receipt of the Step 4 request form, the Town
Manager shall appoint a member to serve on a grievance panel. The member
selected by the grievant and the member selected by the Town Manager shall
then select a third member.
o If the panel member appointed by the grievant and the panel member
appointed by the Town Manager or his designee cannot agree upon a third
panel member within 20 calendar days of the Town’s receipt of the selection
of the first two panel members, then the chief judge of the Circuit Court shall
choose an impartial, third panel member. The third panel member shall act as
chair of the panel.
• Eligibility to Serve on Grievance Panel.
o The panel shall not be composed of any persons having direct involvement
with the grievance being heard by the panel, or with the complaint or dispute,
giving rise to the grievance. Managers who are in a direct line of supervision
of a grievant, persons residing in the same household as the grievant, and the
following relatives of a participant in the grievance process or a participant's
spouse are prohibited from serving as panel members: spouse, parent, child,
descendants of a child, sibling, niece, nephew, and first cousin. No attorney
having direct involvement with the subject matter of the grievance, nor a
partner, associate, employee, or co-employee of the attorney shall serve as a
panel member.
Rules applied to Step 4 grievance panels and the conduct of grievance panel hearings:
• The grievant shall bear the reasonable costs and expenses, if any, of his panel
member.
• The Town shall bear the reasonable costs and expenses, if any, of its panel member
and those of the third panel member unless the grievant objects. Upon objection,
the reasonable costs and expenses of the third panel member shall be shared equally
between the Town and the grievant.
• No person shall receive any compensation, whether monetary or otherwise, for his
time in serving as a member of a grievance panel. Notwithstanding this prohibition,
a Town employee serving as a member of a grievance panel may receive his usual
Town salary for the period he serves on such a panel.
• The panel shall promptly set the date, time, and location for hearing the grievance
and shall notify the parties. The hearing shall be coordinated with the parties and
their attorneys, and the parties may agree to extend deadlines to accommodate
schedules.
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• The Town shall provide the panel with copies of the grievance record prior to the
hearing, and shall provide the grievant with a list of the documents furnished to the
panel.
• Each party shall furnish to the other with copies of all documents, exhibits, and a list
of witnesses it intends to use at the panel hearing ten calendar days in advance of
the hearing.
• Both the grievant and the Town may be represented by legal counsel or other
representative at the panel hearing. Such representatives may examine, cross-
examine, question, and present evidence on behalf of the grievant or the Town
before the panel without being in violation of the provisions of Virginia Code §54.1-
3904.
• The panel shall have the authority to determine the admissibility of evidence without
regard to the burden of proof so long as a full and equal opportunity is afforded to all
parties for the presentation of their evidence.
• The grievant shall have the burden of proof when challenging disciplinary actions..
• All evidence shall be presented in the presence of the panel and the parties except
by mutual consent of the parties.
• The decision of the panel should be rendered as soon as possible, but, in any case,
not later than ten calendar days following the conclusion of the hearing.
• The panel shall have the authority, if it finds based on the greater weight of the
evidence that the grievant has been denied a benefit or wrongly disciplined without
just cause (where such cause is required) to reverse, reduce, or otherwise modify
such action and, where appropriate, to order the reinstatement of such employee to
his former position (provided the grievant is fully qualified for the position).
o The panel shall not have the authority to award back pay to the grievant, to
award any monetary or compensatory damages, or to allow the grievant to
recover costs and fees expended in the grievance.
o The panel has the power to sustain, modify, or reverse (the Town’s) action.
• The panel shall not have authority to do any of the following:
o Formulate policies or procedures.
o Alter existing policies or procedures.
o Override or disregard the Town’s management’s rights as stated in the Virginia
Code and this handbook.
o Circumscribe or modify the rights afforded the parties in this procedure.
o Grant relief greater than that which the grievant has requested in the request
form.
• The majority decision of the panel, acting within the scope of its authority, shall be
final and binding, subject to existing policies, procedures, and law.
• The question of whether the relief granted by a panel is consistent with written Town
policies and procedures or otherwise exceed the scope of the panel’s authority shall
be determined by the Town Manager or his designee, unless the Town Manager or
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his designee has a direct personal involvement with the event or events giving rise to
the grievance, in which case the decision shall be made by the Town Attorney. The
Town Manager’s participation in the discipline or the grievance related to the grievant
shall not constitute a “direct personal involvement with the event or events giving
rise to the grievance” that requires recusal.
• Either party may petition the Circuit Court for an order requiring implementation of
the panel decision.
Compliance
• After the initial submission of the grievance to the immediate supervisor, the failure of
either party to comply with all material procedural requirements of this procedure
without just cause shall result in a decision in favor of the other party on any grievable
issue, provided the party not in compliance fails to correct the noncompliance within
five work days of receipt of written notification by the other party of the
noncompliance. Such written notification by the grievant shall be made directly to the
Town Manager.
• If one of the management respondents in Steps 1, 2, or 3 does not respond to the
grievance, the grievant at his option may move the grievance to the next level by
submitting it without the response to the next Step or the grievant can provide the
Town Manager notice of the non-compliance as set forth in paragraph VII (A).
The Town Manager shall determine compliance issues. Compliance determinations made by
the Town Manager or his designee shall be subject to judicial review, which shall be
initiated by the grievant filing a petition with the Circuit Court of the Town within (30) thirty
calendar days of the compliance determination.
The following must be included in any municipality’s grievance procedure
pursuant to the “Law-Enforcement Officer’s Procedural Guarantees Act,”
hereafter referred to as “LEOPGA” (§§9.1-500 through 9.1-507 of the Code of
Virginia, 1950 as amended):
Definitions
• "Agency" means the Department of State Police, the Division of Capitol Police, the
Virginia Marine Resources Commission, the Virginia Port Authority, the Department of
Game and Inland Fisheries, the Virginia Alcoholic Beverage Control Authority, the
Department of Conservation and Recreation, or the Department of Motor Vehicles; or
the political subdivision or the campus police department of any public institution of
higher education of the Commonwealth employing the law-enforcement officer.
• "Law-enforcement officer" means any person, other than a Chief of Police or the
Superintendent of the Department of State Police, who, in his official capacity, is (i)
authorized by law to make arrests and (ii) a non-probationary officer of one of the
following agencies:
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o The Department of State Police, the Division of Capitol Police, the Virginia
Marine Resources Commission, the Virginia Port Authority, the Department of
Game and Inland Fisheries, the Virginia Alcoholic Beverage Control Authority,
the Department of Motor Vehicles, or the Department of Conservation and
Recreation;
o The police department, bureau or force of any political subdivision or the
campus police department of any public institution of higher education of the
Commonwealth where such department, bureau or force has 10 or more law-
enforcement officers; or
o Any conservation police officer as defined in § 9.1-101.
For the purposes of this chapter, "law-enforcement officer" shall not include the sheriff's
department of any city or county.
Conduct of Investigation
The LEOPGA specifies that whenever a law-enforcement officer is the subject of an
investigation by an agency, and the focus of the investigation concerns matters, which
could lead to the dismissal, demotion, suspension or transfer for punitive reasons:
• The officer shall be questioned at a reasonable time and place as designated by the
investigating officer, preferably when the officer under investigation is on duty and at
one of the following locations: office of the command of the investigating officer; or
the office of the local precinct or unit of the officer being investigated, unless the
matters being investigated are of such a nature that requires immediate action.
• Prior to the officer being questioned, he shall be informed of (i) the name and rank
of the investigating officer and of any individual to be present during the questioning
and (ii) the nature of the investigation.
• If a blood or urine specimen is taken from a law-enforcement officer for the purpose
of determining whether the officer has used drugs or alcohol, the specimen shall be
divided and placed into two separate containers. One container shall be tested while
the other is held in a proper manner, to preserve the specimen, by the facility
collecting or testing the specimen. Should the first specimen test positive, the law-
enforcement officer shall have the right to have the second specimen tested by an
independent laboratory of his choice (pursuant to §§18.2-268.1 through 18.2-
268.12); the laboratory chosen by the officer must be accredited or certified by one
or more of the following bodies: the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB), the College of American
Pathologists (CAP), the United States Department of Health and Human Services
Substance Abuse and Mental Health Services Administration (SAMHSA), or the
American Board of Forensic Toxicology (ABFT). The officer shall notify the chief of his
agency in writing of his request within 10 days of being notified of positive specimen
results.
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Notice of Charges; Response; Election to Proceed Under Grievance Procedure of
Local Governing Body
Prior to dismissing, demoting, suspending without pay, or transferring for punitive reasons,
the following rights shall be afforded the law-enforcement officer:
• Notified in writing of all charges, the basis therefore, and the action which may be
taken;
• Given an opportunity, within a reasonable time limit after the date of the written
notice provided above, respond orally and in writing to the charges. The time limit
shall be determined by the agency, but in no event shall it be less than ten calendar
days unless agreed to by the law-enforcement officer;
• The law-enforcement officer may be assisted by counsel at his own expense; and
• Given written notification of his right to initiate a grievance under the grievance
procedure established by the local governing body pursuant to §§15.2-1506 and
15.2-1507. A copy of this grievance procedure must be provided upon his request.
• A law-enforcement officer may proceed under either the local governing body’s
grievance procedure or the LEOPGA, but not both.
Personal Assets of Officers
No law-enforcement officer shall be required or requested to disclose any item of his
property, income, assets, source of income, debts, or personal or domestic expenditures,
including those of any member of his family or household, unless (i) such information is
necessary in investigating a possible conflict of interest with respect to the performance of
his official duties (ii) such disclosure is required by law, or (iii) such information is related to
an investigation. Nothing in this section shall preclude an agency from requiring the law-
enforcement officer to disclose any place of off-duty employment where he may be
contacted.
Hearing; Hearing Panel Recommendations
Whenever a law-enforcement officer is dismissed, demoted, suspended or transferred for
punitive reasons, he may, within a reasonable amount of time (as set by the agency)
following such action, request a hearing. If the law-enforcement officer makes a timely
request, a hearing shall be held within a reasonable amount of time (as set by the agency).
This hearing shall not be set later than fourteen calendar days following the date of the
request unless agreed upon by the law-enforcement officer. The law-enforcement officer
and the agency will have the opportunity to present evidence, examine, and cross-examine
witnesses. The law-enforcement officer can be represented by counsel unless the officer
and agency are afforded, by regulation, the right to counsel in a subsequent de novo (new)
hearing.
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The Grievant and the Agency head are both allowed to pick one panel member.
*If the two appointed members cannot agree upon a third member, then the Chief Judge of
the judicial circuit wherein the grievant duty station lies, will choose the third party.
The hearing panel may, and on the request of either the law-enforcement officer or his
agency shall, issue subpoenas requiring the testimony of witnesses who have refused or
failed to appear at the hearing. The hearing panel shall rule on the admissibility of the
evidence. A record shall be made of the hearing.
At the discretion of the agency, it may, in lieu of complying with §9.1-502 give the law-
enforcement officer a statement, in writing, of the charges, the basis therefore, the action
which may be taken, and provide a hearing as provided for in this section prior to
dismissing, demoting, suspending or transferring for punitive reasons the law-enforcement
officer. Any recommendations of the hearing panel and the reasons therefore, shall be in
writing and transmitted promptly to the law-enforcement officer or his attorney and the
agency head. Such recommendations shall be advisory only, but shall be given significant
weight.
Panel Member 1
Panel Member 2
Grievant chooses TOV chooses
˅
Panel Member 3
Panel Members 1 and 2 agree upon
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Addendum B
Pandemic Virus Policy
Principles:
• All employees are encouraged to take responsibility for themselves by:
preparing their own pre-plans, understanding their own levels of responsibility
and fulfilling their work obligations.
• Internal communication methods need to be established in advance in order to
provide accurate timely and consistent information to all employees affected by an
outbreak. A failure to present information to employees in a planned and
comprehensive fashion can lead to lost confidence and may result in employees'
failure to comply with their individual work responsibilities.
• Coordination with the Virginia Department of Health is required in order to
provide information, education and services to employees regarding
prevention precautions, infection control, quarantine/isolation guidelines and
safe work practices.
• Sufficient income continuance will encourage employees' cooperation with
safe work practices (i.e. self-reporting, self-quarantine and self-isolation) so they
can fulfill their work obligations when fit to do so without putting
themselves, their co- workers or the public at risk. An extension of some
benefits beyond what is currently provided (such as administrative leave) may
be available to qualifying employees.
• It is prudent to pre-plan for a pandemic; however, it is impossible to anticipate every
issue that may arise during a public health emergency. This procedure should be used
as pre-planning guidelines.
Definitions
• Influenza is commonly known as "the flu" and is a highly contagious and common
respiratory illness (an infection of the lungs and airways) caused by a virus. It is
transmitted from person to person in one of two ways: (a) from droplets that enter
your body through the eyes, nose or mouth when an infected person coughs,
sneezes or talks, or (b) from indirect contact when a person's hands become
contaminated with the virus by touching contaminated objects and the person
subsequently touches his eyes, nose or mouth or eats food without washing his
hands first.
• COVID-19 is the disease caused by a type of coronavirus known as SARS-CoV- 2,
which is highly contagious and associated with respiratory infections. The virus is
thought to spread person-to-person between people who are in close contact with
each other (within about 6 feet) via respiratory droplets produced when an infected
person coughs or sneezes. The virus also spreads easily by touching a surface or
object that has a virus on it and then touching their own mouth, nose, or possibly
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their eyes.
• A Viral Pandemic occurs when there is an abrupt and major change in the structure
of a disease-causing virus and infection reaches global proportions. Since people
have no immunity to the completely new strain, the virus can spread very quickly,
and outbreaks can occur in many countries.
• Public Health Emergency occurs when there is a viral pandemic that is spreading very
quickly and creating simultaneous outbreaks in many communities. The governor or
state health commissioner may declare a public health emergency in coordination
with federal health agencies.
• Quarantine occurs when a person has been in close contact with someone else who
is contagious with the pandemic virus or when a person has been in a high-risk
contaminated area. Quarantine can be imposed by an order from the state health
commissioner or by self- quarantine when that person realizes that he/she has had
the close contact that may make them contagious. Self-quarantine should occur as
recommended by the Health Department.
• Isolation should occur when a person starts to exhibit the actual signs and symptoms
of pandemic virus and will, therefore, be capable of spreading the virus to others
with whom he/she may be in contact. Self-isolation should occur as recommended by
the Health Department to prevent further spreading pandemic virus.
• Supervisor means the supervisor or work group leader who is accountable for a
particular facility, department or area of the Town of Vinton and generally includes
managers and others in supervisory positions directly responsible for the
performance of employees.
• Employees includes all full-time and part-time employees on the Town of Vinton
payroll.
• Town of Vinton Work sites include any work site to which employees have been
assigned for the purpose of conducting Town of Vinton business and includes all
land, buildings, facilities, mobile equipment and vehicles either owned, leased or
otherwise controlled by the Town of Vinton.
• Essential Services are those Town of Vinton services critical to the protection of life
and property. The loss of any of these essential services would be intolerable in that
they could affect the basics of life or safety and the community could not function
without such services. Essential services shall be identified in each department and
shall be distinguished from services that are determined to be merely desirable or
valued services.
Responsibilities and Accountabilities
Department Directors shall:
• Have the ultimate responsibility to provide the essential services within their
departments to the best of their ability to do so.
• Require that all supervisors and employees in the departments/sections under
their control adhere to the responsibilities and procedures as identified in this
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policy.
• Assume the supervisor's responsibilities and accountabilities regarding all
employees that are directly reporting to them.
Supervisors shall:
• Have responsibility to provide the essential services within their sections to the
best of their ability to do so.
• Consult with the appropriate sections of the Human Resources Department to
provide consistent application of this policy and procedures.
• Require all employees in their departments/sections to adhere to the
responsibilities and procedures as identified in this policy
• Require departments to continue to enter time-sheet data for employees to
ensure that employees can continue to receive pay during any pandemic virus
emergency.
• Assist in educating employees (and customers accessing their department) on the
required protective strategies available to prevent and control the risk of infection
(as per appendices of this policy). Supervisors shall also require employees and
customers to follow the attached guidelines to prevent risk of infection.
• Ensure employees are aware of and require them to follow the procedures for
self-quarantine and self-isolation and for reporting absences and that employees
do not report to work when they have been quarantined or if they become
symptomatic themselves.
Employees shall:
• Develop personal plans so they can manage their responsibilities at home, plan on
how to care for their families and be able to come to work.
• Follow infection prevention and transmission control guidelines as applicable to
their work situation.
• Properly use personal protective equipment and respiratory protection equipment
that may be made available to them.
• Identify to their supervisor immediately any potential risks to infection
transmission and assist in corrective actions to minimize these risks.
• Identify to their supervisor immediately if an employee is exposed to others with
pandemic virus or if they become symptomatic themselves. Employees with
pandemic virus-like symptoms should not be at the work site. Assist in cleaning of
work stations and/or shared work areas if requested.
• Not report to work with pandemic virus-like symptoms. Department call- in
procedures must be followed. Employees who develop pandemic virus- like
symptoms while at work should leave the work site after notifying their
supervisor.
• Return to work only when safe to do so. The Health Department will provide
return-to- work guidance based on the particular pandemic virus.
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Departments shall:
• Ensure that there are sufficient amounts of appropriate cleaning supplies
understanding that supply chain/ availability issues may be exist during a
pandemic.
• Establish enhanced frequency of cleaning and disinfection of restrooms, public
areas, door handles etc.
• Ensure employees are wearing the proper personal protective clothing (i.e.
disposable gloves) when cleaning.
Human Resources (HR)/Risk Management shall:
• Develop strategies for effective methods of establishing communication with
appropriate groups in order to ensure accurate and timely information is
disseminated.
• Partner with the Virginia Department of Health to develop informational materials
for distribution to employees, supervisors and Town of Vinton residents.
• Recommend amendments and updates to this policy and procedures as may be
required on a periodic basis to respond to current circumstances and evolving
needs.
• Provide information about this policy to supervisors and employees so that they
are aware of their responsibilities and the procedures as identified in this policy.
Attend departmental staff meetings and distribute information to staff as
required.
• Provide advice and interpretation of this policy to department heads and
supervisors.
• Consult with supervisors to ensure consistent application of this policy.
• Provide information to departments, in consultation with the Virginia Department
of Health and Fire and Rescue prior to and during a pandemic virus outbreak
regarding:
Pandemic virus and infection prevention and control strategies
Modes of transmission of pandemic virus
Signs and symptoms of pandemic virus
Personal protection methods
Travel guidelines
Social distancing guidelines
Monitor both seasonal and pandemic virus situations.
Provide advice to departments on quarantine and isolation situations.
Provide technical support and guidance for the planning, response and
recovery activities regarding a pandemic virus outbreak and ensure
compliance with applicable occupational safety, health and
environmental requirements.
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Provide leadership for managing potential claims and other insurance-
related matters.
Participate in and provide technical support to enterprise risk
management and prioritization activities focused on protecting
employee, student and citizen safety and health and ensuring continuity
of essential services.
Town of Vinton Administrator shall:
• Activate the Emergency Operation Center as needed.
• Activate the Town of Vinton's Continuity of Operations Plan (COOP) as needed.
PROCEDURES:
• Infection Control - The most common route of pandemic virus is droplet transmission
and indirect contact from person-to-person. Scrupulous attention to hand hygiene and
containment of respiratory secretions produced by coughing and sneezing will be
essential in reducing the transmission of pandemic virus. Key actions in a pandemic
situation include:
• Education of employees and customers about transmission and prevention of pandemic
virus with information that is understandable and applicable to their particular situation
o Prompt identification of employees or customers with pandemic virus symptoms
o Restriction of ill employees or customers from the workplace
o Health and Safety - The requirements for personal protective equipment will be
based on guidance from the CDC and the Virginia Department of Health. Masks,
gloves and other personal protective equipment (PPE) to prevent the transmission
of droplet contact may be provided. As practical, barriers or other personal
distancing measures will be taken to reduce close physical contact between
employees and the public. During a pandemic it is possible that supply chain and
availability issues may exist.
• Alcohol Dispensers or Hand Sanitizers - Hand washing is the most effective method to
control the spread of pandemic virus. When necessary hand sanitizers should be made
available in employee work areas as well as in areas that the public or customers utilize.
People will be encouraged to use these pump foam dispensers whenever they are
entering any public or shared workspace in order to control the transmission of any
virus. During a pandemic it is possible that supply chain and availability issues may exist.
• Vaccinations - It is anticipated that vaccine may not be readily available in the early
stages of a pandemic; and when it does become available, it may initially be in a very
limited supply. Therefore, pandemic virus vaccine will need to be administered on a
restricted and pre- established priority basis. The priority will initially be to those
employees who are directly involved in the delivery of essential services. After these
employees have been immunized, and when additional vaccine is available, then other
employees will receive vaccine based upon a pre-established priority setting process.
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• Communications and Education of Employees - Infection control measures need to be
implemented long before the population is at risk and then need to be reinforced as the
situation manifests itself.
o The Public Information Officer (PIO), in consultation with the Virginia Department
of Health, will coordinate and distribute pandemic-related information in order to
provide consistent and timely messages to employees. Information will be
distributed through such means as pamphlets and posters in strategic locations,
intranet, Internet, e-mails and other means
o Information will also be posted on the Town of Vinton's website to allow
employees to access HR related information, forms and tips on how they can
protect themselves and their family during a pandemic.
o External strategies and networks shall be required between HR, PIO, and the
Virginia Department of Health to ensure that information and advice that is
provided to Town of Vinton employees is consistent with information being
provided to the general public.
o Communication strategies and networks with other external groups (such as the
public, customers, suppliers, media, local employers and other municipalities)
shall be the responsibility of the PIO.
• Town of Vinton Departments/Human Resources Priorities - Town of Vinton departments
are responsible for ensuring that they have the optimum number of personnel available
and trained to perform essential services. To do so, they will employ the following
strategies in order of priority:
o Suspend normal employee training programs.
o Suspend vacations, leaves and any other planned absences of employees involved
in essential services.
o Suspend or re-schedule travel for business purposes.
o Re-deploy employees from desirable and valued function to essential and
necessary valued functions.
o Authorize overtime for employees in situations where re-deployment of other
skilled employees is not an option due to the complexity of the essential task.
o Use surplus employees from other Town of Vinton departments.
o Rehire recently retired employees.
o Where possible, use volunteers.
o Recruit new employees.
• Canceling Vacations and Leaves - If a public health emergency is declared, vacation
leaves and planned absences (e.g. training or conferences) for many Town of Vinton
employees will be canceled until further notice. The priority for the Town of Vinton will
be to ensure continued delivery of essential services, and reduced manpower may
hamper those efforts.
• Payroll - It is recognized that the accurate and timely provision of employees' paychecks
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and the continuance of their health insurance coverage is an essential service that must
continue during a pandemic virus emergency. The most significant issue will be the need
for accurate record keeping and data entry by the operating departments
• Recruitment Processes - The normal process of hiring new employees may be put on
hold unless there is a critical need to immediately fill the position. However, during a
public health emergency, it may be necessary to recruit additional employees to perform
some essential services, if the required staffing cannot be provided with existing
employees. It may be necessary (during a public health emergency only) to modify some
recruitment procedures, to delay some pre- employment requirements, to hire some
employees without all the necessary qualifications or to recruit from alternate sources or
retired Town of Vinton employees.
• Employees' Refusal to Work – In accordance with the Occupational Health and Safety
Act, Section 35: A worker shall not carry out any work if, on reasonable and probable
grounds, the worker believes that there exists an imminent danger to the health or
safety of that worker or another worker present at the work site. If a worker refuses to
carry out any work, he shall, as soon as practical, notify the supervisor of the reasons.
The supervisor shall take action to investigate the concern and consult with Risk
Management for compliance guidance. The worker may be assigned to other work which
they are reasonably capable of performing until the investigation is completed. Examples
of the Town of Vinton controlling or eliminating the dangers include providing protective
equipment, protective clothing, distancing measures and/or associated training (as long
as it is reasonably practical for the Town of Vinton to do so). If a worker continues to
refuse the work after the Town of Vinton concludes that imminent danger does not exist,
the supervisor should then consult with department management or HR, and appropriate
disciplinary actions may be applied on a case-by- case basis in accordance with Town of
Vinton policy.
• Worker's Compensation Benefits – If an employee believes that he has contracted an
infectious disease as a result of occupational exposure while performing duties on Town
of Vinton business during a public health emergency, the employee should follow the
normal procedures to complete a Worker's Compensation claim form. Claims will be
investigated and adjudicated in accordance with requirements of the Virginia Workers
Compensation Commission.
• Reporting Flexible Leave Absences - Employees shall contact their supervisor in
accordance with department notification procedures when they are unable to report to
work due to quarantine, isolation or sick leave situations. It will be necessary for
employees to report their absences, the reason for the absence and anticipated return to
work date to their supervisor who will be responsible for ensuring that attendance
records and timesheets are completed and entered properly.
• Absence Verification - The criteria for verification of sick leave or FMLA leave will need
to be relaxed during the actual public health emergency period. Undoubtedly, the level
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of adjudication for claims will be different because of the significant increase in
absences, the difficulty for the employees to gain access to medical staff and the
difficulty in acquiring medical certificates for absences. If a supervisor has reason to
question the absence or the length of such absence of any employee, he/she shall
consult with department management or HR to determine if further information or action
is required.
• Employees with Symptoms Excluded from Workplace - Employees should not report to
work with pandemic virus-like symptoms nor if they have been quarantined. Some
employees will develop symptoms of pandemic virus while at work. These individuals
must notify their supervisor and then immediately leave the workplace and should not
return to work until it is medically reasonable to do so. If the employee is too ill to drive
themselves home, the supervisor shall arrange for alternate transportation to their home
or to medical services, if required. Members of the general public or customers should be
discouraged from entering the workplace if they are pandemic virus symptomatic.
• Disinfecting Shared Work Areas - If an employee has been identified as having been at
work with pandemic virus-like symptoms, the work station, work vehicle and any shared
work areas will require cleaning. The supervisor is responsible for:
o Having cleaning supplies and appropriate protection available for employees to
clean the area safely and without the risk of becoming infected themselves
o Assigning staff, using the proper protective equipment and procedures, to be
responsible for disinfecting shared work areas. During a pandemic it is possible
that supply chain and availability issues may exist.
• Employee Assistance Program (EAP) Counseling Services - Eligible employees who might
need counseling services for any reason should access the Town of Vinton's EAP. In the
event of critical illnesses or deaths of fellow employees or family members, the Town of
Vinton shall endeavor to arrange for Critical Incident Stress Debriefing conducted by a
qualified provider for any affected Town of Vinton employee. Post-Traumatic-Stress
Debriefing may also be necessary as the pandemic develops.
• Alternative Work Schedule - Departments shall review their normal business hours and
work schedules to determine if they can be modified in a manner that best promotes
social distancing, business continuity or other pandemic response goals during an
emergency. If feasible, supervisors should first ask for employees to volunteer to work
hours other than their usual schedule. Regular work schedules may be changed by a
supervisor subject to a 24-hour cancellation notice, when possible, upon the
proclamation of a pandemic virus emergency. If less than a 24-hour notice is necessary,
management may make such changes. Departments are encouraged to work with staff
to minimize the impacts of decisions affecting schedule changes. Approved schedules
shall also be formally documented.
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• Telework - Telework means that an employee is working one or more days each work
week from home instead of commuting to his or her centrally located worksite.
Teleworking is not appropriate for all employees and no employee is entitled or
guaranteed the opportunity to telework. The purpose of this policy is to provide support
for social distancing or other pandemic response goals as necessary to respond to a
pandemic virus emergency.
o Departments should identify possible teleworkers as soon as possible and
make the necessary technical arrangements with CommIT as necessary.
o Departments shall consider a broader use of telework than they would for
normal operations or other types of emergencies to accomplish social
distancing for a pandemic virus emergency.
o Departments shall identify essential functions that may be accomplished
remotely and which systems the person performing the function needs access
to, including voice communication
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Addendum C
DOT Testing and Federal Motor Carrier Safety Administration Clearinghouse
Guidelines
This Act requires all DOT agencies to implement drug and alcohol testing programs for
those workers who hold a “safety-sensitive” position. These positions include holders of
Commercial Drivers Licenses (CDL) who operate a commercial motor vehicle with a gross
weight of 26,001 pounds or more, or a vehicle that carries 16 passengers or more
(including the driver) or those who carry hazardous waste products. Even a manager or
supervisor may qualify as holding a “safety-sensitive” position if he or she may, on a
moment’s notice, be required to drive one of these vehicles. Therefore, it is important to
look at what the employee actually does and not at his or her job title.
Safety-sensitive employees must not:
1. use or possess alcohol or any illicit drug while on duty;
2. report for duty, or remain on duty, if they
a. are under the influence or impaired by alcohol;
b. have a blood alcohol concentration (BAC) of .04 or greater; or
c. have used any illicit drug.
3. have used alcohol within four hours of reporting for duty;
4. report for duty or remain on duty when using any controlled substance
(unless pursuant to an authorized medical practitioner);
5. refuse to submit to any test for alcohol or controlled substances; or
6. taint or substitute their specimen during the testing process.
By doing any of the above, the employee will be considered to have failed or refused the
test. A refusal is the same thing as failing the test.
The employee can use prescribed medications and over-the-counter (OTC) drugs and still
perform the job if the prescription medication was prescribed by a physician, who knows
the employee’s medical history well, or the OTC drug does not interfere with the
employee’s ability to do his or her job in a safe manner.
Safety-sensitive employees are subject to all of the following drug and alcohol testing
procedures:
• Pre-Employment
The DOT requires that all new and transferred safety-sensitive employees be
required to submit to a drug test. Once the employer receives a negative drug
test result, the employee may begin to perform his or her duties.
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• Reasonable Suspicion/For Cause
If one or more trained supervisors reasonably believe that an employee is under
the influence of alcohol or drugs, the employee must submit to a test. The
suspicion must be based upon the employee’s appearance, behavior, speech and
smell. It cannot be based upon a hunch.
• Random
All safety-sensitive employees are subject to random drug and alcohol testing. It
must be a truly random selection process. This type of testing process is normally
conducted by an outside testing firm, so that there can be no claim that the
process was not truly random.
• Post-Accident
Any safety-sensitive employee involved in an accident must submit to a post-
accident test.
The testing process is mandatory for those employees who are covered under DOT and
who meet the requirements for testing.
It is also important to remember that the DOT regulations pertaining to drug and alcohol
testing of “safety-sensitive” positions as defined by the DOT do not anticipate that any
adverse employment action will or will not result from its testing requirements. The
DOT’s testing process is a separate action that has nothing to do with the employment
actions of the employer, such as hiring, firing, or suspensions of the employee. The
testing results may, however, lead to adverse consequences for the employee. CDL
drivers may lose the required license or certification that allows them to do the jobs for
which they were hired to perform. Since the employee may not be able to do that job
after testing positive on a drug or alcohol test, the employee may very well lose his or
her job. The DOT is concerned with the safety of the public, the co-workers and the
drivers themselves and not the resulting employment actions.
On, January 6, 2020, The Federal Motor Carrier Administration (FMCSA) established the
Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). This
new database contains information pertaining to violations of the U.S. Department of
Transportation (DOT) controlled substances (drug) and alcohol testing program for
holders of CDLs.
The Clearinghouse rule requires FMCSA-regulated employers, medical review officers
(MROs), substance abuse professionals (SAPs), consortia/third party administrators
(C/TPAs), and other service agents to report to the Clearinghouse information related to
violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40
and 382 by current and prospective employees.
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The Clearinghouse final rule requires the following:
• Employers must query the Clearinghouse for current and prospective employees' drug
and alcohol violations before permitting those employees to operate a commercial
motor vehicle (CMV) on public roads.
• Employers must annually query the Clearinghouse for each driver they currently
employ.
The Clearinghouse provides FMCSA and employers the necessary tools to identify drivers
who are prohibited from operating a CMV based on DOT drug and alcohol program
violations and ensure that such drivers receive the required evaluation and treatment
before operating a CMV on public roads. Specifically, information maintained in the
Clearinghouse enables employers to identify drivers who commit a drug or alcohol
program violation while working for one employer, but who fail to subsequently inform
another employer (as required by current regulations). Records of drug and alcohol
program violations will remain in the Clearinghouse for five years, or until the driver has
completed the return-to-duty process, whichever is later. The materials to be made
available to drivers shall include detailed discussion of at least the following:
• The identity of the person designated by the employer to answer driver questions
about the materials;
• The categories of drivers who are subject to the provisions of this part;
• Sufficient information about the safety-sensitive functions performed by those
drivers to make clear what period of the work day the driver is required to follow
this part;
• Specific information concerning driver conduct that is prohibited by this part;
• The circumstances under which a driver will be tested for alcohol and/or controlled
substances under this part, including post-accident testing under §382.303(d);
• The procedures that will be used to test for the presence of alcohol and controlled
substances, protect the driver and the integrity of the testing processes, safeguard
the validity of the test results, and ensure that those results are attributed to the
correct driver, including post-accident information, procedures and instructions
required by §382.303(d);
• The requirement that a driver submit to alcohol and controlled substances tests
administered in accordance with this part;
• An explanation of what constitutes a refusal to submit to an alcohol or controlled
substances test and the attendant consequences;
• The consequences for drivers found to have violated subpart B of this part,
including the requirement that the driver be removed immediately from safety-
sensitive functions, and the procedures under part 40, subpart O, of this title;
• The consequences for drivers found to have an alcohol concentration of 0.02 or
greater but less than 0.04;
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• Information concerning the effects of alcohol and controlled substances use on an
individual's health, work, and personal life; signs and symptoms of an alcohol or a
controlled substances problem (the driver's or a co-worker's); and available
methods of intervening when an alcohol or a controlled substances problem is
suspected, including confrontation, referral to any employee assistance program
and/or referral to management; and
• The requirement that the following personal information collected and maintained
under this part shall be reported to the Clearinghouse:
o A verified positive, adulterated, or substituted drug test result;
o An alcohol confirmation test with a concentration of 0.04 or higher;
o A refusal to submit to any test required by subpart C of this part;
o An employer's report of actual knowledge, as defined at §382.107:
o On duty alcohol use pursuant to §382.205;
o Pre-duty alcohol use pursuant to §382.207;
o Alcohol use following an accident pursuant to §382.209; and
o Controlled substance use pursuant to §382.213;
o A substance abuse professional (SAP as defined in §40.3 of this title) report
of the successful completion of the return-to-duty process;
o A negative return-to-duty test; and
o An employer's report of completion of follow-up testing.
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Addendum D
Workers’ Compensation Policy
Our first responsibility is the prevention of occupational injuries and illnesses. Despite our
best efforts, injuries and illnesses do sometimes occur. Workers’ Compensation provides
benefits for an employee in the event of certain occupational illnesses, injuries or death.
Reporting
Employees are required to immediately report, all workplace injuries, conditions or
illnesses, to their supervisor. All incidents shall be reported no matter how insignificant
and regardless if medical treatment is necessary. If the immediate supervisor is not
available, report must be made to the manager or human resources. Late reporting by
the employee can result in delayed or denied workers’ compensation benefits.
The Town maintains workers’ compensation coverage with the Virginia Risk Sharing
Association (“VRSA”), formerly known as VML Insurance Programs.
The supervisor or Department Head shall immediately have the injured worker call
CompCare On-Call, the VRSA nurse triage injury hotline: 1-877-234-0898 and report the
claim. CompCare On-Call is available 24-7-365. Employees have the option of speaking
with a registered nurse to receive treatment advice or simply report their claim. If the
employee is unable to call CompCare On-Call or unwilling to call, the supervisor must
make this call and report the claim on the employee’s behalf. Ensuring all claims are
reported and reported timely is the Town’s responsibility. Delays in reporting can
jeopardize the employees’ rights under the workers’ compensation law and subject the
Town of Vinton to penalties, which can be assessed by the Virginia Workers’
Compensation Commission. All occupational incidents shall be called into CompCare On-
Call immediately upon the notification of a work related injury or illness (within 24 hours).
Panel of Physicians
The Town of Vinton has an approved Panel of Physicians for treating workers’
compensation injuries and illnesses. The supervisor shall, immediately upon notification
of a work related injury or illness, provide the employee with the Panel of Physicians. The
employee shall sign and date an acknowledgement of receipt of the Panel of Physicians
and the supervisor shall witness the employee’s signature. The supervisor will retain the
original signed panel and provide the employee with a signed copy. The Panel of
Physicians shall be offered and provided to the employee, regardless if the employee
intends to receive medical attention.
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Treatment by a physician or medical facility outside of the panel will be at the employee’s
expense.
In the event of an emergency the employee may treat at the closest emergency facility.
Once the emergency treatment is completed a panel physician must be chosen for follow
up care.
All departments shall post a copy of the Panel of Physicians in a conspicuous location.
Medical Treatment
An employee shall not utilize health insurance for situations believed to be work related,
unless the claim is denied.
The supervisor will provide employees with a Medical First Report form to take with them
for initial treatment. This form is for the physician to complete. The employee shall
provide the completed form to their supervisor following treatment, so the employer is
aware of the employee's return to work capabilities or restrictions.
Immediately upon receipt; all medical bills, reports and other medical correspondence
shall be forwarded to VRSA. All medical facility inquiries shall be referred to VRSA.
Only VRSA has the authority to authorize treatment, testing, physical therapy, surgery,
change in physician, second opinion, etc.
The employee shall cooperate with the Town’s workers’ compensation administrator,
VRSA. This includes supplying disability slips, medical information, keeping appointments
etc. Additionally, the employee shall keep the Human Resources Director advised of their
work status and cooperate with return to work efforts.
Prescriptions
The supervisor shall complete and provide the employee with first fill prescription
form/letter. The employee will take this authorization to a participating network pharmacy
and will be provided a ten (10) day supply of medication at no cost. This authorization is
valid for one time use only. VRSA must authorize any additional medication prescribed
beyond the first fill.
Should an employee incur the cost for any medication, a receipt, which includes the
employee’s name, prescribing physician’s name, date of purchase, name of medication
and cost of medication, may be submitted to VRSA for reimbursement consideration.
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Wage Loss Benefits
An employee is not entitled to lost wage compensation for the first seven days of
incapacity resulting from a work-related disability. The Virginia Workers’ Compensation
Law includes weekends/holidays in this count, and these days do not need to be
consecutive.
The employee will be given the option of using accrued and unused paid leave for up to
seven days. If the employee chooses not to use accrued and unused leave this period
will be considered leave without pay. It is the employee’s responsibility to notify the
Human Resources Director regarding how they would like to charge the first seven days
missed. If a designation is not made, the employee’s pay will be docked.
Temporary and part-time employees who are not eligible for annual leave and employees,
who have no earned leave available, will not receive pay for the first seven days.
When the absence is longer than seven days and is authorized by a panel physician and is
the result of a compensable injury under the Virginia Workers’ Compensation Act, the
employee will receive compensation benefits from VRSA in accordance with the provisions
of the Virginia Workers’ Compensation Act.
When an employee is out of work over twenty-one days for a covered injury/illness,
which disability is authorized by a panel physician, the employee will receive from VRSA,
compensation for the first seven days. The employee has the option of signing this check
over to the Town and in return their earned leave will be restored or the employee can
keep the compensation and their earned leave will not be reinstated.
Injured employees do not continue to accrue sick and annual leave while out of work due
to a workers’ compensation injury/illness.
Earned sick, vacation, award or compensatory time cannot be used concurrently with
workers’ compensation benefits.
Leave for a work related serious health condition will be designated under the Family
Medical Leave Act (FMLA) and will run concurrently with workers’ compensation benefits.
While receiving workers’ compensation benefits, any voluntary deductions are the
responsibility of the employee.
Earned annual/sick/consolidated leave may be used for disability resulting from a denied
workers’ compensation claim and disability will be designated under FMLA, when the
disability constitutes a “serious health condition”.
On-the-job injuries are covered by our Workers' Compensation Insurance Policy, which is
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provided at no cost. If employees are injured on the job, no matter how slightly, they
should report the incident immediately to their Supervisor. Failure to follow Town of
Vinton procedures may affect the ability of the employee to receive Workers
Compensation benefits.
• The employee will receive full salary for the day on which a job-related injury occurs
with hours off being counted as non-chargeable sick leave on time sheets. Workers’
Compensation benefits usually start on the eighth day following the injury or
accident.
• The employee will continue to receive regular salary during the first seven (7) days
following the job-related injury with the days off being counted as non-chargeable
sick leave. If the period of incapacity is 21 days (need not be consecutive) the
employee shall receive compensation for the seven (7) day waiting period.
• In addition to the Workers’ Compensation benefit, if disability continues beyond the
eighth day following the injury, the Town will pay the employee the full pay for on-
the-job injury or illness, upon recommendation by the Department Head and
approval of the Town Manager, for up to a maximum period of six (6) months from
date of injury, as long as the employee signs over any Workers’ Compensation
checks to the Town.
The Town’s pay check during this period which include full pay (2/3 payment
covered by Workers’ Compensation and 1/3 paid by Town), but will not be
released until Workers’ Compensation checks (2/3 of the employees’ rate of
pay) is received by the Payroll Department.
In the event the employee fails to sign over Worker's Compensation checks to
the Town, payroll checks will no longer be processed.
This is a benefit and an additional service provided for by the Town in an
effort to help an employee in their time of need. During the period of
disability, the employee shall continue to accrue sick and vacation leave.
• The initial payments from the Town will be charged against accrued sick/annual
leave until the Workers’ Compensation benefit check is received and signed over to
the Town.
• If the employee remains employed by the Town after the initial six-month period
and wishes to continue receiving this amount, he/she may use accumulated leave at
a rate of 1/3 day of leave for every day of disability upon recommendation by the
Department Head and approval of the Town Manager.
• If the employee does not choose to use this leave or has exhausted it, he/she must
pay the Town in advance for the employee's share of any group benefits, or they
will be discontinued except as otherwise prohibited by law.
• Because attendance is an essential function of every job at the Town, the Town may
terminate the employee if the employee is unable to return to work at that time.
Unlike FMLA, worker’s compensation coverage does not provide job restoration
rights.
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Return to Work – Light / Modified Duty:
The Town of Vinton may provide light/modified duty for employees with temporary
restrictions resulting from a work-related disability. All light or modified assignments will
be within the employee’s medical capability and will adhere to the treating physician’s
recommendations. The light/modified assignment may or may not be in the same
occupation, department, pay scale, hours, etc. as the employee was performing prior to
the work-related injury or illness. Light/modified assignments are temporary and will be
reviewed periodically to determine continued availability of the assignments.
If an employee refuses a light/modified assignment that has been approved by their
treating physician and is within their capabilities, their workers’ compensation benefits will
be jeopardized.
Workers’ Compensation Administrator Information
VRSA Insurance Programs
P. O. Box 3239
Glen Allen, VA 23058
Telephone Number: 804-273-0038
Toll Free Number: 800-963-6800
All documentation can be found on the
‘T’ drive.HumanResources.RiskManagement.WorkersCompensation
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Addendum E
Safety Policies and Procedures
Program requirements
The Town of Vinton will ensure that the hazards at our jobsites are evaluated and
communicated to its employees and that proper protective measures are provided.
Safety is also the responsibility of every employee of the Town. The Risk Management
Director and Town Manager are the sole persons authorized to amend these instructions.
This program will be maintained in accordance with OSHA Regulations 29 CFR 1910 and
29 CFR 1926. In addition, The Town of Vinton will review and evaluate this program on
an annual basis or when operational changes occur that require a revision of this
document.
Written individual programs
The Town of Vinton will maintain written individual procedures for the types of
hazards/issues that our employees will or could potentially encounter. Each program will
be reviewed/revised on an annual basis or as required by the respective governing OSHA
Standard. Each written program will be communicated to all personnel affected. Each will
encompass the total workplace, regardless of the number of workers employed or the
number of work shifts. They will be designed to establish clear goals and objectives.
Health and safety program responsibility
• Town Responsibilities
The Leadership Team of the Town of Vinton recognizes the importance of safety
and has committed to creating a place of employment which is free from
recognized hazards. The employees are ultimately responsible for their safety in
the Town of Vinton. The Town Manager will ensure that all levels of management
in the Town are delegated to the necessary authority to cultivate a safe
environment and to take the appropriate actions to correct any deviations or
deficiencies relating to safety on the job.
• Risk Management Director Responsibilities
The Risk Management Director will be responsible for the day to day management
of the Town’s safety program. The Safety Committee will assist the Town remain in
compliance with all applicable health and safety regulations. The Risk Management
Director will identify and coordinate training sessions to ensure that all employees
are equipped with the needed safety skills and knowledge. The Safety Committee
will perform inspections of jobsites and facilities taking the appropriate actions to
correct any deviations or deficiencies relating to safety on the job.
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• Supervisor Responsibilities
Town Supervisors are responsible for the daily enforcement of the policies and
procedures in the Town of Vinton’s safety program. They will be responsible for all
aspects of employee safety in their respective areas. They will conduct periodic
safety meetings for their employees and will monitor their safety on a daily basis
taking the appropriate actions to correct any deviations or deficiencies relating to
safety on the job. Supervisors will be attentive to employee’s safety concerns and
report them to the Risk Management Director. They will communicate with the Risk
Management Director to ensure all employees receive training, refresher training,
or retraining as needed.
• Employee Responsibilities
Employees are the first line of defense as it pertains to safety at all Town of Vinton
jobsites. Employees are expected to abide by all of the safety policies and
procedures in the Town Safety Program. They will be held responsible for their
own safety and are expected to report unsafe conditions to their Supervisors
immediately. If the Supervisor is unavailable, they will report safety violations or
concerns to the Department Head or Risk Management Director. Employees, if
feasible, are also expected to correct safety violations within their immediate areas.
They will ensure they report to work in a state of readiness, with the appropriate
clothing, and with all issued personal protective equipment. Employees will only
operate equipment on which they have been trained and authorized to use. They
will report accidents, injuries, and near misses immediately to their Supervisor.
Job Safety and Analysis
• Job Safety (Hazard) Analysis. Job hazard analysis is to be used to make a habit of
safe work practices. It is also beneficial as a guideline to follow during new employee
training efforts and for quickly identifying the cause of an accident should one occur.
Each analysis should be periodically reviewed for possible improvements. All
supervisors will be familiar with the proper completion of a Job Safety (Hazard)
Analysis. The following basic steps should be followed in preparation of a job hazard
analysis:
o Select the jobs or specific tasks for hazard analysis.
o Consider the task to be performed and inspect the area(s) to identify
potential hazards.
o Break the job or task into individual components or activities.
o Identify the hazards associated with each component activity (ex. Falls,
electric shock, chemical exposure, cuts, etc.).
o Identify what procedures or equipment are needed to perform each
component safely (ex. Ladders, scissor lifts, personal protective equipment,
etc.).
o Apply the analysis to the job.
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Routine Safety and Health Inspections
Routine safety and health inspections of all job sites will be conducted as necessary by
the Risk Management Director or designated individual. The inspection will be conducted
to discover conditions and work practices that may lead to job accidents and industrial
illnesses, through specific methodical auditing, checking, and inspection procedures.
Inspection Elements. The following inspection elements will be checked during safety
inspections:
Floors - Condition, slip, trip, falls
Aisles - Marking, obstructions
Stairs - Condition, railings, obstructions
Ladders - Condition, Stability, Metal in electrical areas
Exits - Obstructions, locked, lighted
Ventilation - Adequate, fans guarded, maintained
Hand tools - Grounded, guarded, pressure switches
Chemicals - SDS's, labels, storage, separated
Compressed gas - Storage, heat sources, labels, training
Guarding - Installed, over, under, around, between
Lockout Tagout - Procedures, training, devices, tags
Eye protection - Used, training, Z-87 rated protectors
Fire protection - Extinguishers, training, locations
First Aid - Kits, OSHA logs, training
Confined Spaces - Marked, training, ventilation, equipment
Work practices - Unsafe work practices observed
Inspection Report. The Risk Management Director will provide a safety report based on
the inspection items noted during the inspection to the appropriate Supervisor.
Safety Meetings
A well-ordered flow of information is essential to a good safety program. The Town,
through a program of safety meetings at all levels, intends to accomplish the goals of
safety awareness, education, and participation.
• We are committed to efficient and quality training that increases safety awareness
amongst all employees.
• Safety meetings for employees will be held on a regular basis to demonstrate
management's commitment to accident prevention. Possible agenda items include
but are not limited to the review of accidents, safety education, safety inspections,
elimination of workplace hazards, new methods of improving job performance,
employee training, personal protective equipment, safety incentives, hazard
communication, lockout/tagout, respiratory protection, fall protection, and other
safety policies.
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• It is vital to this Workplace Safety Program that all safety training and meetings
are carefully documented. Written records of all safety meetings are the
responsibility of the Supervisor(s). Training activities are the responsibility of the
Risk Management Director.
Hazard Reporting
All employees are required to report potential or known hazards immediately upon
identification. The immediate Supervisor must be notified and all work where employees
are exposed to the hazard must be discontinued until the hazard has been removed. The
employee should not touch or open any hazard that is suspicious or potentially
dangerous. The following are examples of workplace hazards: suspicious packages,
unknown odors, biohazards, and unlabeled chemicals.
First Aid and Medical Procedures
• Serious Injuries. Employees are tasked with contacting 911 before Department
Heads or the Risk Management Director to ensure the safety and welfare of the
injured employee. Serious Injuries include but are not limited to loss of
consciousness, not breathing, and loss of body member or function. Employees
should be aware of the location of the automated external defibrillator (AED)
machines in their workplace. Inspections of these machines will be completed with
the fire extinguishers checks.
• Minor Injuries. Minor injuries, such as cuts, scratches, bruises, and burns that do
not require a doctor’s treatment, may be handled by the employee at the jobsite.
Recurring first aid injuries will be reported to the Risk Management Director to
ensure they do not become serious.
• First Aid Kits. All employees will be made aware of the location and availability of
the first aid kit. The first aid kit will aid minor emergencies such as cuts and skin
abrasions. To maintain the first aid kits, a monthly inspection will need to be
performed and the first aid kit replenished with any missing supplies. Inspections
will be done the same day as the fire extinguisher checks are completed. Crew
Leaders are responsible for the kits in their vehicles.
• Suicide Attempt. Employees should call 911 immediately.
Accident Investigation
Accident investigation is primarily a fact-finding procedure; the facts revealed are used to
prevent recurrences of similar accidents. The focus of accident investigation will be to
prevent future accidents and injuries to increase the safety and health of all our
employees.
• Immediate concerns.
o Ensure any injured person receives proper care.
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o Ensure co-workers and personnel working with similar equipment or in
similar jobs are aware of the situation. This is to ensure that procedural
problems or defects in certain models of equipment do not exist.
• Start the investigation promptly.
o Accident Investigation Form. An investigation form which details specific
Town requirements for investigation will be used to gather data to
determine causes and corrective actions.
• Supervisors are responsible for ensuring that employees follow safe work practices
and receive appropriate training to enable them to do this. Supervisors are
responsible for filling out accident reporting/investigation requirement forms and to
reinforce the Town of Vinton safety program.
General Safety Rules for All Employees
• Do not operate defective equipment. Do not use broken hand tools. Report them
to your supervisor immediately.
• Never start on any hazardous job without being completely familiar with the safety
techniques which apply to it. Check with your Supervisor if in doubt.
• Make sure all safety attachments are in place and properly adjusted before
operating any machine.
• Do not operate any machine or equipment at unsafe speeds. Shut off equipment
when not in use.
• Wear all protective garments and equipment necessary to be safe on the job.
Wear proper shoes. Sandals, other open-toed, or thin-soled shoes should not be
worn.
• Do not wear loose, flowing clothing or long hair while operating moving machinery.
• Never repair or adjust any machine or equipment unless you are specifically
authorized to do so by your foreman.
• Never oil, clean, repair, or adjust any machine while it is in motion.
• Never repair or adjust any electrically driven machine without opening and properly
tagging the main switch.
• Put tools and equipment away when they are not in use.
• Do not lift items which are too bulky or too heavy to be handled by one person.
Ask for assistance.
• Keep all aisles, stairways, and exits clear of skids, boxes, air hoses, equipment, and
spillage.
• Do not place equipment and materials so as to block emergency exit routes, fire
boxes, sprinkler shutoffs, machine or electrical control panels, or fire extinguishers.
• Stack all materials neatly and make sure piles are stable.
• Keep your work area, machinery, and all Town of Vinton facilities which you use
clean and neat.
• Do not participate in horseplay, tease, or otherwise distract fellow workers.
• Power-truck operators must safeguard other workers at all times; workers must
show courtesy to power-truck operators.
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• Floor mounted extension cords should be placed so that they are flush to the
ground at all times.
• Frayed or damaged electrical cords should be replaced.
• Never operate equipment unless you have been trained on how to use it.
• Never take chances. If you're unsure, you’re unsafe! Ask for help, if needed.
Suspicious or Threatening Person
• Employee should seek a safe location.
• Call 911. If possible, provide a description of the person.
Active Shooter - A.L.I.C.E
Employees will need to be aware of locations that are designated Safe Zones in their
facility. These safe zones increase the chances of survival.
• ‘A’ Alert: let others know that there is a threat. Use plain and specific
language.
• ‘L’ Lockdown: barricade the area and silence mobile devices. Prepare to
evacuate or counter if needed. This is to buy time.
• ‘I’ Inform: communicate the threat’s whereabouts. When possible, call 911.
• ‘C’ Counter: this is the absolute last resort. Move, make noise. Throw objects to
distract the threat. Use weight and gravity to gain control.
• ‘E’ Evacuate: when safe to do so, remove yourself from the danger zone. Keep
hands visible and follow law enforcement’s commands.
These instructions are not designed to be sequential. Focus on survival!
Bomb Threat and Bomb Threat Checklist
While on the phone with the caller, the employee is to complete the Bomb Threat
Checklist. Employees can find the checklist in each department’s Emergency Response
Guide. The Bomb Threat Checklist includes some of the following:
• Specific Wording of the threat
• Identifying Markers- Background Sounds, Caller’s Voice, etc.
• Call Details- Incoming Number, Date, Time, etc.
• Questions to Ask- Find out any information about the bomb and bomber in a calm
manner
• Do not use two-way radios or cellular phones. Call 911 and begin evacuations.
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Fire Prevention and Protection
Fire and explosion pose a serious risk to our employees during operations involving open
flames or high heat sources such as the use of propane or electric torches. Flames can
be produced which could quickly become uncontrollable under certain situations. For this
reason, all employees will be trained in these procedures:
• Basic safety precautions. Heat, open flame, or any operations where sparks may
be produced will be permitted only in areas that are or have been made fire safe.
When work cannot be moved practically, as in most construction work, the area
will be made safe by removing combustibles or protecting combustibles from
ignition sources.
• Fire Extinguishers. Suitable fire extinguishing equipment will be maintained in a
state of readiness for instant use. Such equipment may consist of hose or portable
extinguishers depending upon the nature and quantity of the combustible material
exposed. Employees will not use portable fire extinguishers unless they have been
trained.
• Fire Exits. Employees should be aware of emergency exits at all times. In the case
of a fire, employees will evacuate the building via an unaffected exit. When safe,
call 911 or activate the fire alarm. Employees should gather at the primary
assembly area.
• Chemical Storage. The Town of Vinton will ensure that proper storage locations
are provided to employees using chemicals. Flammable chemicals will be stored in
approved locations or flammable liquids cabinets designed in accordance with 29
CFR 1910.106. Toxic and corrosive chemicals will be stored apart from flammable
chemicals and will be further segregated according to acidity and/or alkalinity. All
chemical storage locations will be approved by the Public Works Director before
use.
Evacuation Procedures
All employees upon receipt of an evacuation order will exit the work area via the nearest
unaffected exit. They will proceed to the designated assembly point for the area they are
present in at the time of the evacuation order, quickly and quietly. They will also upon
request, aid their Supervisor in taking role or by being a runner.
• Exit Routes. All employees will become familiar with the location of all posted exit
routes of the facility that they frequent and will know the primary and secondary
exit routes of their work area.
• Evacuation Assembly Points. All employees will become familiar with the marked
evacuation assembly points and will know the primary assembly point of the facility
that they frequent and for their work area. NO ONE WILL LEAVE AN EVACUATION
ASSEMBLY POINT WITHOUT THE EXPRESS PERMISSION OF THE RISK
MANAGEMENT DIRECTOR OR SAFETY COMMITTEE MEMBER.
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• Arrival Actions. Upon arrival at an evacuation assembly point, each employee will
seek out the Safety Committee Member present to assure that they have been
accounted for. They will also, upon request, aid area Supervisors or Managers in
taking a role or by being a runner.
• All Clear. A public safety official or the Emergency Services Coordinator will give
the all clear once the work area is safe. Employees will check your work area and
notify the Supervisor of any problems.
Tornado Warning
A tornado warning is issued when a tornado has been sighted in the area. Upon the
announcement of severe weather, employees will proceed to the designated safe spot. All
employees will become familiar with posted severe weather safe spots and will know the
location of the nearest safe spot for the areas that they frequent and their work areas.
AVOID WINDOWS AND PROTECT YOUR BODY FROM FLYING DEBRIS.
Secure the Area and Shelter in Place
• Secure the Area. The employee will need to secure and lock all doors. No one
enters or leaves a secured area.
• Shelter in Place. Employees need to remain in their immediate work area.
Recordkeeping Requirements
The Town of Vinton fully understands that companies with eleven (11) or more
employees at any time during the calendar year immediately preceding the current
calendar year must comply with the provisions of 29 CFR 1904. Records will be
established on a calendar year basis. All records will be maintained in the Human
Resources/Risk Management Department.
Disciplinary Actions for Willful Unsafe Acts
Employee safety is vital at the Town of Vinton. The willful commitment of an unsafe act
cannot be condoned. Employees who willfully jeopardize their own or coworkers’ safety
will be disciplined. The type of discipline can range from a verbal warning to dismissal.
The Risk Management Director and supervisory personnel in the administrative chain of
any employee may give employees a verbal warning for a known unsafe act, procedural,
or operational infraction. Disciplinary action other than a release from shift without pay
must be reviewed by the Town Manager.
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Retraining
It must be considered that the possibility exists that lack of proper training may be a
cause of any unsafe act. Supervisors will review the need for employee remedial training
in their job skill to enable them to better accomplish their jobs.
Dismissal Hearing
The employee concerned will be notified of his or her rights in advance of termination.
The option of dismissal will be reviewed by the Town Manager before termination. The
immediate Supervisor will be consulted to determine if a lesser form of discipline is
warranted. The employees' rebuttal (if provided) will be considered along with the
severity of the act, the Supervisor’s recommendation and any other supporting
information provided at the time of the time of the hearing.
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Addendum F
Family Medical Leave Act
A. General Provisions
It is the policy of this Town to grant up to 12 weeks of family and medical leave during
any 12-month period to eligible employees, in accordance with the Family and Medical
Leave Act of 1993 (FMLA) and up to 26 weeks of leave in any 12-month period in
compliance with the expansion of FMLA under The Support of Injured Service Members
Act of 2007.
B. Eligibility
To qualify to take family or medical leave under this policy, the employee must meet all of
the following conditions:
1) The employee must have worked for the employer for 12 months or 52 weeks.
The 12 months or 52 weeks need not have been consecutive, but must have
occurred within the previous seven (7) years. For eligibility purposes, an employee
will be considered to have been employed for an entire week even if the employee
was on the payroll for only part of the week or if the employee is on leave during
the week.
2) The employee must have worked at least 1,250 hours during the 12-month
period immediately before the date when the leave is requested to commence. The
principles established under the Fair Labor Standards Act (FSLA) determine the
number of hours worked by an employee. The FLSA does not include the time
spent on paid or unpaid leave as hours worked. Consequently, these hours of leave
should not be counted in determining the 1,250 hours eligibility test for an
employee under FMLA.
3) The employee must work in an office or work site where 50 or more employees
are employed by the Town within 75 miles of that office or work site. The distance
is to be calculated by using available transportation by the most direct route.
C . Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one of
the reasons listed below:
1) The birth of a child in order to care for that child
2) The placement of a child for adoption or foster care and to care for the newly
placed child.
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3) To care for a spouse, child or parent with a serious health condition.
4) The serious health condition (described below) of the employee.
a. An employee may take leave because of a serious health condition that
makes the employee unable to perform the essential functions of the
employee’s position.
b. Employees with questions about what illnesses are covered under the
FMLA policy or under the Town’s sick leave policy are encouraged to
consult with the Human Resources department. The Town may require
an employee to provide a doctor’s certification of the serious health
condition. The certification process is outlined in section H of this policy.
c. If an employee takes paid sick leave for a condition that progresses into
a serious health condition and the employee requests unpaid leave as
provided under this policy, the Town may designate all or some portion
of related leave taken as leave under this policy, to the extent that the
earlier leave meets the necessary qualifications.
5) A covered family member’s active duty or call to active duty in the Armed
Forces.
a. An employee whose spouse, son, daughter or parent either has been
notified of an impending call or order to active military duty (i.e.
deployment to a foreign country) or who is already on active duty may
take up to 12 weeks of leave for reasons related to or affected by the
family member’s call-up or service. Reasons related to the call-up or
service includes helping the family member prepare for departure or
caring for children of the service member. The leave may commence as
soon as the individual receives the call-up notice. (Son or daughter for
this type of FMLA leave is defined the same as for child for other types
of FMLA leave, except that the person does not have to be a minor.)
This type of leave would be counted toward the employee’s 12-week
maximum of FMLA leave in a 12-month period.
b. Eligible employees with a spouse, son, daughter or parent on active duty
or call the active duty status (i.e. deployment to a foreign country) in the
National Guard or Reserves, or family member of active duty service
member in support of a contingency operation may take up to twelve
weeks of FMLA for “any qualifying exigency”. A qualifying exigency
includes (1) Short-notice deployment; (2) Military events and related
activities; (3) Childcare and school activities; (4) Financial and legal
arrangements; (5) Counseling; (6) Rest and recuperation (up to fifteen
calendar days); (7) Post deployment activities; (8) Parental care; (9)
Additional activities not encompassed in the other categories, but agreed
to by the employer and employee.
c. Employees requesting this type of FMLA leave must provide proof of the
qualifying family member’s call-up or active military service before leave
is granted.
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6) To care for an injured of ill service member, including former service members.
a. Eligible employees may take up to 26 weeks of leave in a 12-month
period to care for a spouse, son, daughter, parent or next-of-kin who is
covered service member or covered veteran (next-of-kin is defined as
the closest blood relative of the covered service member).
b. A covered service member is defined as a current member of the Armed
Forces (including the National Guard or Reserves) who is undergoing
medical treatment, recuperation or therapy for an injury incurred in the
line of active military duty or that existed before the beginning of active
duty and was aggravated by service in the line of duty, that may render
the service member medically unfit to perform the duties of his or her
office, grade, rank or rating. Covered service member also includes any
individual on the temporary disability retired list.
c. A covered veteran who is undergoing medical treatment, recuperation or
therapy for a serious injury or illness is also entitled to leave. In the
case of a covered veteran, a serious injury or illness means an injury or
illness that was incurred by the veteran in the line of duty while on
active duty (or existed before the beginning of active duty but was
aggravated in the line of duty) and that is (1) a continuation of a serious
injury or illness incurred or aggravated when the veteran was an active
member of the armed forces that rendered the service member unable
to perform the duties of the service member’s office, grade, rank or
ration; (2) a physical or mental condition for which the covered veteran
has received a “VASRD disability rating” of 50 percent or greater and the
rating is based, at least in part, on the condition precipitating the need
for leave; (3) a physical or mental condition that substantially impairs (or
without treatment would impair) the veteran’s ability to secure a gainful
occupation by reason of disability related to military service; or (4) an
injury, including a psychological injury for which the veteran has been
enrolled in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
d. Employees requesting this type of FMLA leave must provide certification
of the family member or next-of-kin’s injury, recovery or need for care.
7) For any of the foregoing, an eligible employee can take up to 12 weeks (or up
to 26 weeks of leave to care for an injured or ill service member) under this
policy during any 12-month period. The Town will measure the 12-month
period as a rolling 12-month period measured backward from the date an
employee uses any leave under this policy. Each time an employee takes
leave, the Town will compute the amount of leave the employee has taken
under this policy in the last 12 months and subtract it from the 12 weeks (or
26 weeks for the care of an injured or ill service member) of available leave,
with the balance remaining being the amount the employee is entitled to take
at that time.
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8) If a husband and wife both work for the Town and each wishes to take leave
for the birth of a child, adoption or placement of a child in foster care, or to
take care for a parent (but not a parent in-law) with a serious health
condition, the husband and wife may only take a combined total of 12 weeks
of leave. If a husband and wife both work for the Town and each wishes to
take leave to care for a covered injured or ill service member, the husband
and wife may only take a combined total of 26 weeks of leave.
D. Employee Status and Benefits During Leave
While an employee is on FMLA leave, the Town will continue the employee’s health
benefits during the leave period at the same level and under the same conditions
as if the employee had continued to work.
If the employee chooses not to return to work for reasons other than a continued
serious health condition of the employee or the employee’s family member or a
circumstance beyond the employee’s control, the Town will require the employee
to reimburse the Town the amount it paid for the employee’s health insurance
premium during the leave period.
Under current Town policy, the employee pays a portion of the health care
premium. While on paid leave, the employer will continue to make payroll
deductions to collect the employee’s share of the premium. While on unpaid FMLA
leave, the employee must continue to make this payment, either in person or by
mail. The payment must be received in the Human Resources Department by the
1st day of each month. If the payment is more than 30 days late, the employee’s
health care coverage may be dropped for the duration of the leave. The employer
will provide 15 days’ written notification prior to the employee’s loss of coverage.
If the employee contributes to a life insurance or disability plan, the employer will
continue making payroll deductions while the employee is on paid leave. While the
employee is on unpaid FMLA leave, the employee may request continuation of
such benefits and pay their portion of the premiums; or the employer may elect to
maintain such benefits during the leave and pay the employee’s share of the
premium payments. If the employee does not continue these payments, the
employer may discontinue coverage during the leave. If the employer maintains
coverage, the employer may recover costs incurred for paying the employee’s
share of any premiums whether or not the employee returns to work.
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E. Employee Status after Leave
An employee who takes leave under this policy will be able to return to the same
position or a position with equivalent status, pay, benefits and other employment
terms. The position will be the same or virtually identical in terms of pay, benefits
and working conditions.
The Town may choose to exempt certain key employees from this requirement and
not return them to the same or similar position.
F. Use of Paid and Unpaid Leave
An employee who is taking FMLA leave because of the employee’s own serious
health condition or the serious health condition of a family member must use all
paid vacation, personal or sick leave prior to taking unpaid leave.
Sick leave will run concurrently with FMLA leave if the reason for the FMLA leave is
covered by the established sick leave policy.
The employee will be required to substitute accrued (or earned) paid leave as
appropriate before taking unpaid leave for what remains of the 12-week
entitlement.
An employee who is taking leave for the adoption or foster care of a child must use
all paid vacation, personal and family leave prior to being eligible for unpaid leave.
G. Intermittent Leave or a Reduced Work Schedule
The employee may take FMLA leave in 12 consecutive weeks, may use the leave
intermittently (take a day periodically when needed over the year) or, under
certain circumstances, may use the leave to reduce the workweek or work day,
resulting in a reduced hour schedule. In all cases, the leave my not exceed a total
of 12 workweeks (or 26 workweeks to care for an injured or ill service member
over a 12-month period).
The Town may temporarily transfer an employee to an available alternative
position with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule, in instances of when leave for
the employee or employee’s family member is foreseeable and for planned medical
treatment, including recovery from a serious health condition or to care for a child
after birth, or placement for adoption or foster care.
For the birth, adoption or foster care of a child, the Town and employee must
mutually agree to the schedule before the employee may take the leave
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intermittently or work a reduced hour schedule. Leave for birth, adoption or foster
care of a child must be taken within one year of the birth or placement of the child.
If the employee is taking leave for a serious health condition or because of the
serious health condition of a family member, the employee should try to reach
agreement with the Town before taking intermittent leave or working a reduced
hour schedule. If this is not possible, then the employee must prove that the use
of the leave is medically necessary. The Town may require certification of the
medical necessity as discussed in Sections H and J.
H. Certification of the Serious Health Condition of the Employee or the Spouse, Child or
Parent of the Employee
The Town will ask for certification of the serious health condition. The employee
must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. The employer shall designate the leave
within five business days of receipt of the medical documentation. If any questions
arise over the documentation for certification and additional documentation is
required, the employee has seven (7) calendar days to submit additional
documentation regarding certification. Failure to provide certification, within the
time frame and in absence of good faith practicable efforts, may result in a denial
of continuation of leave. Medical certification may be provided by using the Medical
Certification Form and job description with essential duties listed. Request for a
medical certificate must be made in writing as part of the employer response to
employee request for leave. Employees have an affirmative duty to cooperate and
communicate though out all facets of the leave process, including but not limited
to the initial request for leave, certification and return to work procedures.
Certification of the serious health condition shall include the date when the
condition began, its expected duration and a brief statement of treatment. For
medical leave for the employee’s own medical condition, the certification must also
include a statement that the employee is unable to perform work of any kind or a
statement that the employee is unable to perform the essential functions of the
employee’s position. For a family member who is seriously ill, the certification must
include a statement that the patient, the family member, requires assistance and
the employee’s presence would be beneficial or desirable.
If the employee plans to take intermittent leave or work a reduced schedule, the
certification must also include dates and the duration of treatment as well as a
statement of medical necessity for taking intermittent leave or working a reduced
schedule.
The Town has the right to ask for a second or third opinion if it has reason to
doubt the certification. The Town will pay for the employee to get a certification
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from a second or third doctor, which the Town will select. The employee will be
provisionally entitled to leave and benefits under the FMLA pending the second and
or third opinion. The employee gives the employer permission to contact the
healthcare provider if any clarification regarding documentation or certification
arises.
Prior to reinstatement, the employee will be required to undergo a Fitness for Duty
Exam and present the exam results and release. The Fitness for Duty release may
include an assessment of the job requirements so the healthcare provider may
accurately ascertain the parameters of reinstatement and if any accommodations
are required.
I. Documentation of the Covered Family Member’s Active Duty or Call to Active Duty in
the Armed Forces
Employees requesting this type of service member FMLA leave must provide proof
of the qualifying family member’s call-up or active military service. This
documentation may be a copy of the military orders or other official Armed Forces
communication.
J. Documentation of the Need for Service member FMLA Leave to Care for an Injured or
Ill Service member
Employees requesting this type of Service member FMLA leave must provide
documentation of the family member’s or next-of-kin’s injury, recovery or need for
care. This documentation may be a copy of the military medical information,
orders for treatment, or other official Armed Forces communication pertaining to
the service member’s injury or illness incurred on active military duty that renders
the member medically unfit to perform his or her military duties. The
documentation may also be provided by any healthcare provider authorized under
the FMLA to certify injury or illness.
K. Procedure for Requesting Leave for 1) the birth of a child or in order to care for that
child; 2) the placement of a child for adoption or foster care and to care for the newly
placed child; 3) to care for a spouse, child or parent with a serious health condition; or 4)
the serious health condition of the employee
All employees requesting this type of FMLA leave must provide prompt verbal or
written notice with an explanation of the reason(s) for the needed leave to their
immediate supervisor, who will advise the HR department. Initial verbal notice
should be followed by written notice. If the leave is foreseeable, the immediate
supervisor may require the employee to provide a written request for leave and
reason(s) with a copy to the HR department. Failure of the employee to provide a
written request for leave cannot be grounds to deny or delay the taking of FMLA
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leave.
The Town will provide individual notice of rights and obligations to each employee
requesting leave within two business days or as soon as practicable. For employees
on intermittent or recurring leave for the same incident, this notice will be provided
every six months.
When an employee plans to take leave under this policy, the employee must give
the Town 30 days’ notice. If it is not possible to give 30 days’ notice, the employee
must give as much notice as is practicable. An employee who is to undergo
planned medical treatment is required to make a reasonable effort to schedule the
treatment in order to minimize disruptions to the Town’s operations.
If an employee fails to provide 30 days’ notice for foreseeable leave with no
reasonable excuse for the delay, the leave request may be denied or delayed until
at least 30 days from the date the employer receives notice. While on leave,
employees are requested to report periodically to the Town regarding the status of
the medical condition and their intent to return to work.
L. Procedure for Requesting Leave for 1) a covered family member’s active duty or call to
active duty in the Armed Forces or 2) to care for an injured or ill service member
All employees requesting this type of FMLA leave must provide verbal notice with
an explanation of the reason(s) for the needed leave to their immediate supervisor,
who will advise the HR department. Leave may commence as soon as the
individual receives the call-up notice. If the leave is foreseeable, the immediate
supervisor may require the employee to provide a written request for leave and
reasons(s) with a copy to the HR department.
The Town will provide individual notice of rights and obligations to each employee
requesting leave within two business days or as soon as practicable.
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Addendum G
Uniformed Services Employment and Re-Employment Rights Act of 1994
The Uniformed Services Employment and Re-Employment Rights Act of 1994 (“USERRA”)
applies to all employers in the public and private sectors, including Federal employers.
The Act protects all members of the uniformed services from discrimination in
employment regardless of whether their uniformed service was in the past, present, or
future (intent to join). The discrimination provisions of USERRA, set forth in section 4311,
address problems regarding initial employment, reemployment, retention in employment,
promotion, or any other benefit of employment.
Any person re-employed after military service is entitled to all seniority and other rights
and benefits, including medical insurance coverage, which would have been available if
the employment had not been interrupted by military service. The veteran reemployment
rights are effective unless the cumulative length of the current absence plus any previous
absences exceed ten (10) years.
USERRA requires that service members provide advance written or verbal notice to their
employers for all military duty unless giving notice is impossible, unreasonable, or
precluded by military necessity. Upon return from military duty, the period an individual
has to make application for reemployment or report back to work is based on the time
spent on military duty. For service of 30 days or less, the service member must report
back to work at the beginning of the next regularly scheduled work period on the first full
day after release from service. For service of 31 – 180 days, the service member must
submit an application for reemployment within 14 days of release from service. For
service of 181 days or more, an application for reemployment must be submitted within
90 days of release from service.
Reemployment of a person is excused if an employer’s circumstances have changed so
much that reemployment of the person would be impossible or unreasonable. Employers
are excused from making efforts to qualify returning service members, or from
accommodating those with disabilities incurred during service, when doing so would be of
such difficulty or expense as to cause “undue hardship.” Reemployment is not required
where the position left to enter the service was for a brief and non-recurrent period and
which could not reasonably be expected to continue indefinitely or for a significant period.
The employer has the burden of proving (not simply asserting) the impossibility or
unreasonableness, undue hardship, or the brief, non-recurrent nature of the employment.
An employer may not use the lack of documentation at the time the individual requests
return as a basis for delaying or denying reinstatement. If the documentation received
later shows that the individual is not eligible for protection under USERRA, the person
may be terminated at that point. An employer has the right to require a person who is
absent for a period of service of 31 days or more to provide documentation showing that:
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1) the application was timely, 2) the 5-year service limit was not exceeded, and 3) the
separation from service was not under circumstances specified in section 4304 of
USERRA.
The following are some of the major requirements of USERRA, but is not meant to be all
inclusive:
Health Benefit Coverage - on return from service, health insurance coverage must be
reinstated without any waiting period or exclusions for preexisting conditions, other than
waiting periods or exclusions that would have applied even if there had been no absence
for uniformed service.
Pay - a person reemployed is entitled to the rate of pay he or she would have attained,
with reasonable certainty, if continuously employed during the period of service. The
term “pay” is not limited to the wages received. It includes all elements of compensation
such as drawing accounts, bonuses, and shift premiums. It includes hourly rate, piece
rate, salaries, and commissions. USERRA does not require an employer to pay an
employee while performing uniformed service.
Promotions - unless it is impossible or unreasonable, an employer is generally required to
allow a returning service member to make up a test for promotion that was missed while
he or she was absent. If the reemployed employee is successful on the makeup exam,
and there is a reasonable certainty that, given the results of the exam, that the
reemployed employee would have been promoted during the time he or she was in
military service, then the reemployed employee’s promotion must be made effective as of
the date it would have occurred had the employment not been interrupted by military
service. If it is reasonably certain that an employee would have received a promotion
during his or her absence for service and the employee requires further qualification for
the position as a result of the military leave, the employer must make reasonable efforts
to qualify the person. USERRA provides that returning service members are reemployed
in the job that they would have attained had they not been absent for military service
(a.k.a. “escalator position”) with the same seniority, status and pay, as well as other
rights and benefits determined by seniority.
Raises - a returning service member is entitled to all general pay raises that he or she
would have received with reasonable certainty but for the absence for service in the
uniformed services.
Vacation - USERRA requires an employer to allow an individual to use earned vacation
credits while absent for service, providing that usage is at the employee’s request. An
employer may not require the use of vacation for a service absence, unless the absence
coincides with a period, such as a plant shutdown, when ALL employees are required to
take vacation.
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Addendum H
Employee Service Recognition Policy
Purpose:
The success of the Town of Vinton to provide an efficient and quality level of services is
dependent upon its employees. Each employee is a representative of the Town that
includes interaction with citizen services with the government 's customers.
The Town of Vinton wishes to recognize employees' efforts and years of service.
Therefore, the Town Council authorizes the establishment of an Employee Years of
Service Recognition Policy.
First Year-Initial Year -Up
In order to initiate and establish a recognition program beginning with the Calendar Year
2000, all employees who have at least five years of continuous service through December
31, 2000, will be recognized at a Council meeting at the earliest opportunity after the first
of the year. For the next calendar year, only those employees who reach the next level of
service increment will be recognized (5, 10, 15, 20, 25, and 30+ years).
For this first year only, each employee with five or more years of service will receive
$5.00 for each year of service, based on actual number of continuous service years.
(Example: an employee with 18 years of continuous service would receive an amount of
$90.00).
A special one-time gift with engraving that denotes the exact number of service years will
also be provided to each employee with five or more years of service.
Policy for Second and Subsequent Calendar Years
Length of service shall include at least five continuous years of service. A break in service
will result in loss of regular service time. The following increments for recognition are:
5 -Years of Service - $25.00
10-Years of Service - $50.00
15 -Years of Service - $75.00
20-Years of Service - $100.00
25 -Years of Service - $125.00
30+ Years of Service - $150.00
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Once each quarter at a Town Council meeting, employees will be recognized when their
next level of service years is reached as follows:
Anniversary Dates Recognition Date
January 1st through March 31st First meeting in April
April 1st through June 30th First meeting in July
July 1st through September 30th First meeting in October
October 1st through December 31st First meeting in January
RETIRING OR LEAVING TOWN SERVICE
Upon retirement or leaving Town service, it is appropriate that we recognize and show
our appreciation for an employee' s years of dedicated service to the Town.
Retiring from Town Service
Department Heads should inform the Town Manager as soon as possible when an
employee anticipates retiring from Town service, whether or not official papers have been
filed. This will allow for any future plans that may be needed to fill the position, as well as
to plan for some type of recognition of service. If we know well enough in advance, we
may be able to provide a luncheon, etc. in which all Town employees can participate. It
may be that we can look at planning a quarterly luncheon for retirees if we have more
than one employee retiring during a particular quarter. Or we may be able to use the
Vinton War Memorial if there are no prior reservations (at no rent fee) for a covered dish
luncheon or evening dinner with employees bringing a covered dish.
The following policy will be used for employees retiring from Town Service:
1. Provide a luncheon or dinner.
2. Prepare and have Town Council adopt a Resolution at a Council Meeting near date of
retirement.
3. Upon approval of Town Manager, present a gift based on years of service in the
following values:
5 - 9 Years - $ 50.00
10 -14 Years - $ 100.00
15 -19 Years - $ 150.00
20 -24 Years - $ 200.00
25 -29 Years - $ 250.00
30 Years & Over - $ 300.00
In event of the death of an employee while in service, any leave time that would normally
be due an employee voluntarily leaving employment will be paid to the estate of the
deceased employee.
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If an employee, who has completed the application form for VRS retirement and intends
to use or is using vacation and sick leave time in accordance with the handbook,
deceases before or during the use of accumulated leave time, then the leave time that is
accumulated at time of death will be paid (all earned vacation time and sick leave earned
at one for three days)
Voluntarily Leaving Town Service
Any type of recognition for an employee voluntarily leaving Town service will be at the
discretion of the Department Head at no cost to the Town. Department Heads may
provide a gift to recognize years for the following values:
5 -9 Years - $25. 00
10 -14 Years - $50. 00
15-19 Years - $75. 00
20 24 Years - $100.00
25 -29 Years - $125. 00
Adopted by Town Council on January 2, 2001
General Handbook Acknowledgment
This Employee handbook is an important document intended to help you become
acquainted with Town of Vinton. This document is intended to provide guidelines and
general descriptions only; it is not the final word in all cases. Individual circumstances
may call for individual attention.
Because the Town of Vinton's operations may change, the contents of this handbook
may be changed at any time, with or without notice, in an individual case or generally,
at the sole discretion of management.
Please read the following statements and sign below to indicate your receipt and
acknowledgment of this Employee handbook.
I have received a copy of Town of Vinton's Employee handbook. I understand
that the policies, rules and benefits described in it are subject to change at
the sole discretion of the Town of Vinton at any time.
I further understand that my employment is terminable at will, either by
myself or the Town of Vinton, with or without cause or notice, regardless of
the length of my employment or the granting of benefits of any kind.
I understand that no representative of Town of Vinton other than Town
Manager may alter "at will" status and any such modification must be in a
signed writing.
I understand that my signature below indicates that I have received and am
responsible for the contents of the handbook. I also acknowledge that if I
have questions it is my responsibility to ask.
I understand the above statements and that I have received a copy of the
Town of Vinton's Employee handbook.
________________________________ ________________________________
Employee's Printed Name Employee’s Signature
________________________________ ________________________________
Position Date
The signed original copy of this acknowledgment should be given to management - it
will be filed in your personnel file.
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
AUGUST 18, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT
TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED.
WHEREAS, §15.2-1506 of the Code of Virginia requires that every locality which has more than
fifteen employees shall have a grievance procedure and a personnel system; and
WHEREAS, on November 18, 2008, Vinton Town Council adopted the Employee Handbook by
Resolution No. 1804; and
WHEREAS, said Employee Handbook has been updated based on feedback from Town Staff
and the Town Attorney has examined the proposed updated Handbook and has
certified that all legal requirements have been met; and
WHEREAS, Council was furnished a copy of the proposed Updated Employee Handbook and
briefed at their July 21, 2020 Council Meeting.
NOW, THEREFORE, BE IT RESOLVED by the Vinton Town Council as follows:
1.The aforesaid updated Employee Handbook of the Town of Vinton is hereby adopted and
shall be effective from this date until amended or revoked by further resolution of Council.
2.Each employee of the Town of Vinton shall be furnished a copy of the updated Employee
Handbook along with a copy of this Resolution included therein.
This Resolution adopted on motion made by Council Member _____________, seconded by Council
Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_____________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
August 18, 2020
Department
Administration
Issue
Economic Development Committee
Summary
The Economic Development Committee met through electronic means on August 12, 2020 and
the following items were discussed at the meeting:
•307 S. Pollard Street Proposal
•Gish Mill
•Vinyard Station
•Billy Byrd Annex
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
1
Meeting Date
August 18, 2020
Department
Police Department
Issue
Joint Public Safety/Highway Safety Committee
Summary
The Joint Public Safety/Highway Safety Committee met through electronic means on July 29,
2020, and the following item was discussed at the meeting: Request from Rachel Martin of 130
Cedar Avenue to have stop signs placed at the intersections of 2nd Street and Cedar and 2nd Street
and Cleveland Avenue which would make both intersections four-way stops.
The supporting personnel presented a briefing to the Public Safety/Highway Safety Committee:
Interim Chief Drumond discussed Police Department statistics as it applies to the intersection in
question. Items covered as part of the briefing was speeding and motor vehicle crashes as it pertains
to the area in question. Also, the Vinton Police Department installed digital SPEED LIMIT signs
on 2nd Street.
Public Works Director Joey Hiner discussed recent enhancements to the roadway (see
attachments). The Public Works Department undertook the following road improvement to the
roadway:
•Double yellow striping of road
•Speed limit signs on 2nd St. (North and South)
•Stop bar (2nd St.)
VDOT representative, Mr. Varney discussed roadway safety, driver behaviors, and tendencies,
along with citizen accountability. Mr. Varney illustrated that generally the installment of four-way
stop signs does not alleviate a traffic problem but only stresses the issue further with increasing
traffic-relevant concerns.
Town Council
Agenda Summary
2
Attachments
Three (3) images of the roadway enhancements
Recommendations
At the conclusion of the meeting, the Public Safety/Highway Safety Committee desired that
pneumatic strip on both 2nd St. and 3rd St. to measure the quantity of traffic on the roadways. The
appeal for the traffic count strips is to gain a knowledge of both streets, as they are used as
commercial vehicle routes in addition to all other traffic.
Meeting Date
August 18, 2020
Department
Finance/Treasurer
Issue
Finance Committee
Summary
The Finance Committee met through electronic means on August 10, 2020 and the following items
were discussed at the meeting:
• May 2020 Financial Statements
• Optional Insurance for Water/Sewer Lines (Third Party)
• Review Water Cut-Off Program
• Review CARES Act Expenditures
• Town Purchasing Policy
Attachments
May 2020 Financial Report Summary
Recommendations
Motion to approve May 2020 Financial Report
Town Council
Agenda Summary
Financial Report Summary
May 31, 2020
Adopted Revised YTD MTD YTD Remaining %
Budget Budget Posted Posted Balance YTD
Revenues 7,527,870 6,771,332 896,594 6,798,971 27,639 100%
Expenditures 7,527,870 7,422,376 561,852 7,047,485 (374,891) 95%
Revenues over/(under) Expenditures (651,044) 334,742 (248,514)
Revenues 4,000 3,239,636 35,675 216,272 (3,023,364) 7%
Expenditures 4,000 3,239,636 31,410 448,453 (2,791,183) 14%
Revenues over/(under) Expenditures - 4,264 (232,182)
Revenues 3,722,500 3,120,970 143,263 3,211,078 90,108 103%
Expenditures 3,722,500 3,229,776 238,239 2,954,489 (275,287) 91%
Revenues over/(under) Expenditures (108,806) (94,976) 256,589
Revenues 500,012 558,161 50,001 550,011 (8,150) 99%
Expenditures 500,012 558,311 39,260 202,741 (355,570) 36%
Revenues over/(under) Expenditures (150) 10,741 347,270
Revenues 460,210 421,690 38,351 421,859 169 100%
Expenditures 460,210 396,872 22,635 309,526 (87,345) 78%
Revenues over/(under) Expenditures 24,818 15,716 112,333
Revenues 12,214,592 14,111,789 1,163,883 11,198,191 (2,913,598) 79%
Expenditures 12,214,592 14,846,971 893,396 10,962,695 (3,884,276) 74%
Revenues over/(under) Expenditures (735,182) 270,487 235,496