                                 CODE OF VIRGINIA

PROVISION OF GRIEVANCE PROCEDURE; TRAINING PROGRAMS (§ 15.2-1507)

A. If a local governing body fails to adopt a grievance procedure required by §
15.2-1506 or fails to certify it as provided in this section, the local
governing body shall be deemed to have adopted a grievance procedure that is
consistent with the provisions of Chapter 30 (§ 2.2-3000 et seq.) of Title 2.2
and any regulations adopted pursuant thereto for so long as the locality remains
in noncompliance. The locality shall provide its employees with copies of the
applicable grievance procedure upon request. The term &#8220;grievance&#8221; as
used herein shall not be interpreted to mean negotiations of wages, salaries, or
fringe benefits.
			Each grievance procedure, and each amendment thereto, in order to comply with
this section, shall be certified in writing to be in compliance by the city,
town, or county attorney, and the chief administrative officer of the locality,
and such certification filed with the clerk of the circuit court having
jurisdiction in the locality in which the procedure is to apply. Local
government grievance procedures in effect as of July 1, 1991, shall remain in
full force and effect for 90 days thereafter, unless certified and filed as
provided above within a shorter time period.
			Each grievance procedure shall include the following components and features:

   1. Definition of grievance. A grievance shall be a complaint or dispute by an
   employee relating to his employment, including (i) disciplinary actions,
   including dismissals, disciplinary demotions, and suspensions, provided that
   dismissals shall be grievable whenever resulting from formal discipline or
   unsatisfactory job performance; (ii) the application of personnel policies,
   procedures, rules, and regulations, including the application of policies
   involving matters referred to in clause (iii) of subdivision 2; (iii)
   discrimination on the basis of race, color, creed, religion, political
   affiliation, age, disability, national origin, sex, marital status, pregnancy,
   childbirth or related medical conditions, sexual orientation, gender identity,
   or military status; and (iv) acts of retaliation as the result of the use of
   or participation in the grievance procedure or because the employee has
   complied with any law of the United States or of the Commonwealth, has
   reported any violation of such law to a governmental authority, has sought any
   change in law before the Congress of the United States or the General
   Assembly, or has reported an incidence of fraud, abuse, or gross
   mismanagement. For the purposes of clause (iv), there shall be a rebuttable
   presumption that increasing the penalty that is the subject of the grievance
   at any level of the grievance shall be an act of retaliation.

   2. Local government responsibilities. Local governments shall retain the
   exclusive right to manage the affairs and operations of government.
   Accordingly, the following complaints are nongrievable: (i) establishment and
   revision of wages or salaries, position classification, or general benefits;
   (ii) work activity accepted by the employee as a condition of employment or
   work activity that may reasonably be expected to be a part of the job content;
   (iii) the contents of ordinances, statutes, or established personnel policies,
   procedures, rules, and regulations; (iv) failure to promote except where the
   employee can show that established promotional policies or procedures were not
   followed or applied fairly; (v) the methods, means, and personnel by which
   work activities are to be carried on; (vi) 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, termination, layoff, demotion, or
   suspension from duties because of lack of work, reduction in work force, or
   job abolition; (vii) the hiring, promotion, transfer, assignment, and
   retention of employees within the local government; and (viii) the relief of
   employees from duties of the local government in emergencies. In any grievance
   brought under the exception to clause (vi), the action shall be upheld upon a
   showing by the local government that (a) there was a valid business reason for
   the action and (b) the employee was notified of the reason in writing prior to
   the effective date of the action.

   3. Coverage of personnel.
   				a. Unless otherwise provided by law, all nonprobationary local government
   permanent full-time and part-time employees are eligible to file grievances
   with the following exceptions:

      1. Appointees of elected groups or individuals;

      2. Officials and employees who by charter or other law serve at the will or
      pleasure of an appointing authority;

      3. Deputies and executive assistants to the chief administrative officer of
      a locality;

      4. Agency heads or chief executive officers of government operations;

      5. Employees whose terms of employment are limited by law;

      6. Temporary, limited term, and seasonal employees;

      7. Law-enforcement officers as defined in Chapter 5 (&#xA7; 9.1-500 et seq.)
      of Title 9.1 whose grievance is subject to the provisions of Chapter 5
      (&#xA7; 9.1-500 et seq.) of Title 9.1 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; and

      8. Law-enforcement officers as defined in &#xA7; 9.1-601 whose grievance is
      subject to the provisions of &#xA7; 9.1-601 and relates to a binding
      disciplinary determination made by a law-enforcement civilian oversight
      body, except as permitted by subsection F of &#xA7; 9.1-601.
      					b. Notwithstanding the exceptions set forth in subdivision a, local
      governments, at their sole discretion, may voluntarily include employees in
      any of the excepted categories within the coverage of their grievance
      procedures.
      					c. The chief administrative officer of each local government, or his
      designee, shall determine the officers and employees excluded from the
      grievance procedure, and shall be responsible for maintaining an up-to-date
      list of the affected positions.

   4. Grievance procedure availability and coverage for employees of community
   services boards, redevelopment and housing authorities, and regional housing
   authorities. Employees of community services boards, redevelopment and housing
   authorities created pursuant to &#xA7; 36-4, and regional housing authorities
   created pursuant to &#xA7; 36-40 shall be included in (i) a local governing
   body&#8217;s grievance procedure or personnel system, if agreed to by the
   department, board, or authority and the locality or (ii) a grievance procedure
   established and administered by the department, board, or authority that is
   consistent with the provisions of Chapter 30 (&#xA7; 2.2-3000 et seq.) of
   Title 2.2 and any regulations promulgated pursuant thereto. If a department,
   board, or authority fails to establish a grievance procedure pursuant to
   clause (i) or (ii), it shall be deemed to have adopted a grievance procedure
   that is consistent with the provisions of Chapter 30 (&#xA7; 2.2-3000 et seq.)
   of Title 2.2 and any regulations adopted pursuant thereto for so long as it
   remains in noncompliance.

   5. General requirements for procedures.
   				a. Each grievance procedure shall include not more than four steps for
   airing complaints at successively higher levels of local government
   management, and a final step providing for a panel hearing or a hearing before
   an administrative hearing officer upon the agreement of both parties.
   				b. Grievance procedures shall prescribe reasonable and specific time
   limitations for the grievant to submit an initial complaint and to appeal each
   decision through the steps of the grievance procedure.
   				c. Nothing contained in this section shall prohibit a local government
   from granting its employees rights greater than those contained herein,
   provided that such grant does not exceed or violate the general law or public
   policy of the Commonwealth.

   6. Time periods.
   				a. It is intended that speedy attention to employee grievances be
   promoted, consistent with the ability of the parties to prepare for a fair
   consideration of the issues of concern.
   				b. The time for submitting an initial complaint shall not be less than 20
   calendar days after the event giving rise to the grievance, but local
   governments may, at their option, allow a longer time period.
   				c. Limits for steps after initial presentation of grievance shall be the
   same or greater for the grievant than the time that is allowed for local
   government response in each comparable situation.
   				d. Time frames may be extended by mutual agreement of the local government
   and the grievant.

   7. Compliance.
   				a. After the initial filing of a written grievance, failure of either
   party to comply with all substantial procedural requirements of the grievance
   procedure, including the panel or administrative hearing, 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 workdays of receipt of written notification by the other party of the
   compliance violation. Such written notification by the grievant shall be made
   to the chief administrative officer, or his designee.
   				b. The chief administrative officer, or his designee, at his option, may
   require a clear written explanation of the basis for just cause extensions or
   exceptions. The chief administrative officer, or his designee, shall determine
   compliance issues. Compliance determinations made by the chief administrative
   officer shall be subject to judicial review by filing petition with the
   circuit court within 30 days of the compliance determination.

   8. Management steps.
   				a. The first step shall provide for an informal, initial processing of
   employee complaints by the immediate supervisor through a nonwritten,
   discussion format.
   				b. Management steps shall provide for a review with higher levels of local
   government authority following the employee&#8217;s reduction to writing of
   the grievance and the relief requested on forms supplied by the local
   government. Personal face-to-face meetings are required at all of these steps.
   				c. With the exception of the final management step, the only persons who
   may normally be present in the management step meetings are the grievant, the
   appropriate local government official at the level at which the grievance is
   being heard, and appropriate witnesses for each side. Witnesses shall be
   present only while actually providing testimony. At the final management step,
   the grievant, at his option, may have present a representative of his choice.
   If the grievant is represented by legal counsel, local government likewise has
   the option of being represented by counsel.

   9. Qualification for panel or administrative hearing.
   				a. Decisions regarding grievability and access to the procedure shall be
   made by the chief administrative officer of the local government, or his
   designee, at any time prior to the panel hearing, at the request of the local
   government or grievant, within 10 calendar days of the request. No city, town,
   or county attorney, or attorney for the Commonwealth, shall be authorized to
   decide the question of grievability. A copy of the ruling shall be sent to the
   grievant. Decisions of the chief administrative officer of the local
   government, or his designee, may be appealed to the circuit court having
   jurisdiction in the locality in which the grievant is employed for a hearing
   on the issue of whether the grievance qualifies for a panel hearing.
   Proceedings for review of the decision of the chief administrative officer or
   his designee shall be instituted by the grievant by filing a notice of appeal
   with the chief administrative officer within 10 calendar days from the date of
   receipt of the decision and giving a copy thereof to all other parties. Within
   10 calendar days thereafter, the chief administrative officer or his designee
   shall transmit to the clerk of the court to which the appeal is taken: a copy
   of the decision of the chief administrative officer, a copy of the notice of
   appeal, and the exhibits. A list of the evidence furnished to the court shall
   also be furnished to the grievant. The failure of the chief administrative
   officer or his designee to transmit the record shall not prejudice the rights
   of the grievant. The court, on motion of the grievant, may issue a writ of
   certiorari requiring the chief administrative officer to transmit the record
   on or before a certain date.
   				b. Within 30 days of receipt of such records by the clerk, the court,
   sitting without a jury, shall hear the appeal on the record transmitted by the
   chief administrative officer or his designee and such additional evidence as
   may be necessary to resolve any controversy as to the correctness of the
   record. The court, in its discretion, may receive such other evidence as the
   ends of justice require. The court may affirm the decision of the chief
   administrative officer or his designee, or may reverse or modify the decision.
   The decision of the court shall be rendered no later than the fifteenth day
   from the date of the conclusion of the hearing. The decision of the court is
   final and is not appealable.

   10. Final hearings.
   				a. Qualifying grievances shall advance to either a panel hearing or a
   hearing before an administrative hearing officer, as set forth in the
   locality&#8217;s grievance procedure, as described below:

      1. If the grievance procedure adopted by the local governing body provides
      that the final step shall be an impartial panel hearing, the panel may, with
      the exception of those local governments covered by subdivision a (2),
      consist of one member appointed by the grievant, one member appointed by the
      agency head and a third member selected by the first two. In the event that
      agreement cannot be reached as to the final panel member, the chief judge of
      the circuit court of the jurisdiction wherein the dispute arose shall select
      the third panel member. 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&#8217;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.

      2. If the grievance procedure adopted by the local governing body provides
      for the final step to be an impartial panel hearing, local governments may
      retain the panel composition method previously approved by the Department of
      Human Resource Management and in effect as of the enactment of this statute.
      Modifications to the panel composition method shall be permitted with regard
      to the size of the panel and the terms of office for panel members, so long
      as the basic integrity and independence of panels are maintained. As used in
      this section, the term &#8220;panel&#8221; shall include all bodies
      designated and authorized to make final and binding decisions.

      3. When a local government elects to use an administrative hearing officer
      rather than a three-person panel for the final step in the grievance
      procedure, the administrative hearing officer shall be appointed by the
      Executive Secretary of the Supreme Court of Virginia. The appointment shall
      be made from the list of administrative hearing officers maintained by the
      Executive Secretary pursuant to &#xA7; 2.2-4024 and shall be made from the
      appropriate geographical region on a rotating basis. In the alternative, the
      local government may request the appointment of an administrative hearing
      officer from the Department of Human Resource Management. If a local
      government elects to use an administrative hearing officer, it shall bear
      the expense of such officer&#8217;s services.

      4. When the local government uses a panel in the final step of the
      procedure, there shall be a chairperson of the panel and, when panels are
      composed of three persons (one each selected by the respective parties and
      the third from an impartial source), the third member shall be the
      chairperson.

      5. Both the grievant and the respondent may call upon appropriate witnesses
      and be represented by legal counsel or other representatives at the hearing.
      Such representatives may examine, cross-examine, question and present
      evidence on behalf of the grievant or respondent before the panel or hearing
      officer without being in violation of the provisions of &#xA7; 54.1-3904.

      6. The decision of the panel or hearing officer shall be final and binding
      and shall be consistent with provisions of law and written policy.

      7. The question of whether the relief granted by a panel or hearing officer
      is consistent with written policy shall be determined by the chief
      administrative officer of the local government, or his designee, unless such
      person 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
      attorney for the Commonwealth of the jurisdiction in which the grievance is
      pending.
      					b. Rules for panel and administrative hearings.
      					Unless otherwise provided by law, local governments shall adopt rules
      for the conduct of panel or administrative hearings as a part of their
      grievance procedures, or shall adopt separate rules for such hearings. Rules
      that are promulgated shall include the following provisions:

      1. That neither the panels nor the hearing officer have authority to
      formulate policies or procedures or to alter existing policies or
      procedures;

      2. That panels and the hearing officer have the discretion to determine the
      propriety of attendance at the hearing of persons not having a direct
      interest in the hearing, and, at the request of either party, the hearing
      shall be private;

      3. That the local government provide the panel or hearing officer with
      copies of the grievance record prior to the hearing, and provide the
      grievant with a list of the documents furnished to the panel or hearing
      officer, and the grievant and his attorney, at least 10 days prior to the
      scheduled hearing, shall be allowed access to and copies of all relevant
      files intended to be used in the grievance proceeding;

      4. That panels and hearing officers have the authority to determine the
      admissibility of evidence without regard to the burden of proof, or the
      order of presentation of evidence, so long as a full and equal opportunity
      is afforded to all parties for the presentation of their evidence;

      5. That all evidence be presented in the presence of the panel or hearing
      officer and the parties, except by mutual consent of the parties;

      6. That documents, exhibits and lists of witnesses be exchanged between the
      parties or hearing officer in advance of the hearing;

      7. That the majority decision of the panel or the decision of the hearing
      officer, acting within the scope of its or his authority, be final, subject
      to existing policies, procedures and law;

      8. That the panel or hearing officer&#8217;s decision be provided within a
      specified time to all parties; and

      9. Such other provisions as may facilitate fair and expeditious hearings,
      with the understanding that the hearings are not intended to be conducted
      like proceedings in courts, and that rules of evidence do not necessarily
      apply.

   11. Implementation of final hearing decisions.
   				Either party may petition the circuit court having jurisdiction in the
   locality in which the grievant is employed for an order requiring
   implementation of the hearing decision.

B. Notwithstanding the contrary provisions of this section, a final hearing
decision rendered under the provisions of this section that would result in the
reinstatement of any employee of a sheriff&#8217;s office who has been
terminated for cause may be reviewed by the circuit court for the locality upon
the petition of the locality. The review of the circuit court shall be limited
to the question of whether the decision of the panel or hearing officer was
consistent with provisions of law and written policy.

HISTORY: 1978, c. 845, § 15.1-7.2; 1985, c. 515; 1988, c. 290; 1989, c. 254;
1991, c. 661; 1995, cc. 770, 818; 1996, cc. 164, 440, 579, 869; 1997, c. 587;
2000, cc. 947, 1006; 2001, c. 589; 2005, c. 714; 2009, c. 736; 2012, cc. 803,
835; 2020, cc. 1137, 1140; 2020, Sp. Sess. I, cc. 29, 30; 2021, Sp. Sess. I, cc.
477, 478.