Administrative Investigation Process (Pdf)-compressed.pdf

Table of Contents EMPLOYEE HANDBOOK 5 ADMIN REGULATIONS 17 CITY ORDINANCES 131 Ch 26 Environment 131 Ch 42...

Table of Contents EMPLOYEE HANDBOOK 5 ADMIN REGULATIONS 17 CITY ORDINANCES 131 Ch 26 Environment 131 Ch 42 Law Enforcement 254 Ch 46 Offenses 261 Ch 74 Traffic & Vehicles 296 VA CODE 409 18.2 Crimes and Offenses 409 General & Definitions 409 Crimes Against the Person 413 Homicide 413 Gangs 417 Terrorism 419 Kidnapping 419 Assaults 421 Robbery 429 Extortion 429 Sexual Assault 432 Crimes Against Property 442 Arson 442 Burglary 445 Larceny 445 Trespassing 451 Damage to Property 456 Computer Crimes 460 Railroads & Utilities 466 Fraud 469 Electronic Comms 481 Credit Cards 482 False Statements 486 Money Laundering 495 Cigarettes 495 Health and Safety 498 Drugs 498 DUIs 521 Weapons 535 Other Dangerous Items 563 Morals and Decency 563  Gambling 566 Sex Trafficking 587 Crimes Against Children & Family 592 Peace and Order 607 Riots 607 Phone Crimes 612 Bribery 615 Obstruction 619 Prisoners 623 Soverignty of Commonwealth 625 Treason 625 Flags 626 RICO 632 19.2 Criminal Procedure 634 Conservators of the Peace 634 Search Warrants 640 Wiretaps 648 Arrests 662 LE Conduct at Arrest 673 Extradition of Criminals 675 Protective Orders 681 Evidence & Witnesses 688 Forfeitures 699 More Forfeitures 705 CCRE 711 46.2 Motor Vehicles 735 General Provisions 737 Licensure of Drivers 751 Title and Registration 864 Regulation of Traffic 964 Vehicle and Equipment Safety 1031 Abandoned Vehicles; Parking 1117 Disabled Parking 1138 Powers of Local Gov't 1145 Regs for Passenger Carriers 1151 Regs for Property Carriers 1186 16.1 JDR 1204 Custody, Arrest, Detention 1204 Intake and Petitions 1223 Expungement 1230 GENERAL ORDERS 1241 ICS 1255 POLICY & PROCEDURE 1371  2024 Police Lieutenant Promotional Process Written Knowledge Test Reading List/Source Material The source material for the LIEUTENANT’S written knowledge test will be based solely on the below listed items. 1. Kouzes, James M., and Barry Z. Posner. The leadership challenge. (7th Ed) Jossey-Bass, 2023. ISBN: 978-1119736127. (20 copies are available for check-out from CLETA.) 2. Employee Handbook – City of Chesapeake, Virginia Listed Sections (accessible through https://www.cityofchesapeake.net/296/Employee-Handbook Administrative Investigation Process Exit Interview Core Values Harassment City of Chesapeake and its Government Outside Employment Emergencies Resignation Employee Assistance Program Seat Belts Equal Employment Opportunity 3. Administrative Regulations – City of Chesapeake, Virginia Listed Sections (accessible through https://www.cityofchesapeake.net/202/Administrative-Regulations 1.13 Electronic Data Resources 2.43 Employee Assistance Program Policy Acceptable Use Policy 2.44 Substance Abuse Policy 1.20 City Driving Standards Policy 2.46 Workplace Violence Prevention Policy 2.07 Grievance Policy and Procedure 2.53 Benefits Policy for Eligible Employees 2.09 Equal Employment Opportunity Policy 2.54 Pay Provisions Policy 2.10 Performance Assessment Policy 2.59 City Closure Policy 2.11 Disciplinary Policy 4. Policy and Procedure Manual – Chesapeake Police Department (accessible through PowerDMS) 5. City Ordinances – City of Chesapeake, Virginia Listed Sections (online resource accessible via: https://library.municode.com/va/chesapeake/codes/code_of_ordinances Chapter 26 (Environment), Article V (Noise) Chapter 42 (Law Enforcement) Chapter 46 (Offenses and Miscellaneous Provisions) Chapter 74 (Traffic and Vehicles) 6. Code of Virginia Listed Sections (online resource accessible via: LIS > Code of Virginia) Title 18.2 (Crime and Offenses Generally) Title 19.2 (Criminal Procedure), Chapters 2, 5, 6-8, 9.1, 16, 22.1, 22.2, 23 Title 46.2 (Motor Vehicles), Chapters 1, 3, 6, 8, 10, 12, 12.1, 13, 20, 21 Title 16.1 (Courts Not of Record) Chapter 11, §16.1-246 through 257, 16.1-259 through 265, and 16.1- 299 through 309.1. 7. General Orders – Chesapeake Police Department (accessible through PowerDMS) 08-05-170 Trespassing/Private Property 10-04-188 Release of Suspect Information 22-06-246 Notification to Schools 12-10-206 NCIS Notification 15-01-221 Smoking at Public Safety Buildings 16-05-224 Incidents at Chesapeake City Parks 16-08-225 Reporting Shots Fired, Shots Heard and Fireworks Calls 19-07-234 Notification of Certain Complaints 20-02-241 Active Threat Response Kits 21-02-244 Employment References and Recommendations 22-06-246 Notifications to Schools 24-01-252 Minimum Operations Staffing Levels 8. Incident Command System Job Aid (accessible through PowerDMS) https://powerdms.com/docs/1412834  ADMINISTRATIVE INVESTIGATION PROCESS The following is an outline of the steps taken by the Department of Human Resources when investigating an issue raised by an employee. I. Conduct Initial Meeting With the Employee Raising the Issue A. Interview the complaining party for clarification to determine the nature of the complaint. B. EEO Coordinator/EEO Specialist will determine the policies, procedures or practices that apply to the issue. C. Ask the complainant to reduce the complaint to written form or the interviewer will summarize the issue(s) for the complainant to review and sign as an accurate description of the allegation. D. Ask the complainant to provide any document(s) (in complainant’s possession) that should be reviewed and the names of any person(s) who may have relevant knowledge regarding the issue(s) raised. II. Decide if any Internal Investigation is Needed Criteria: A. Is the alleged behavior a violation of Title VII of the Civil Rights Act, or the ADA? B. Is the alleged behavior a violation of a Federal or State Executive Order pertaining to discrimination in the workplace? C. Is the alleged behavior a violation of City Policy, procedure or Administrative Regulation? D. When did the alleged behavior take place and where? III. Contact the Department Head or Appropriate Management Representative A. Inform the Department Head/Appropriate Management Representative of the allegations and the investigation procedure. B. Ask for input into suggesting a list of witnesses, interview questions and appropriate documents for review. C. Ask if there is any information regarding the nature of the complaint or any pending adverse action regarding any party named. IV. Plan the Investigation In planning the investigation the following steps will be taken: A. Examine policies, procedures, or practices that may apply. B. Determine the persons to be interviewed, order the interviews, and the documents to be reviewed. C. Develop interview questions. D. Gather a detailed account of the events surrounding the issues from the person who is the focus of the investigation. E. Provide each person questioned with an interview notice statement and obtain signatures for compliance. F. Inform witnesses that a statement acknowledging the validity of his/her comments must be signed. G. In some cases at the discretion of the interviewer, a written statement will be required. H. The interviewer shall prepare a document that includes interview questions, responses and unsolicited information for the signature of each person interviewed. At the discretion of the interviewer, interviews may be tape-recorded. I. Discuss with each interviewee information security and the integrity of the investigation. V. Analyze all of the Facts in Order to Reach a Conclusion A. Prepare a draft report.  B. If disciplinary action is recommended or may result, based on the conclusions reached, review draft report with the City Attorney’s Office. C. If additional information is needed, conduct further investigation. D. Finalize report. E. Once the report has been finalized, the department head, or appropriate management representative, will be provided an opportunity to review the final report. If disciplinary action is contemplated, consultation with representatives of the Department of Human Resources and the City Attorney’s Office should occur. F. The Department Head or appropriate management representative will report back, in writing, to the Director of Human Resources actions taken with regard to the final report. VI. Final Investigation File The final investigation file consists of the relevant information collected during the investigation. The file will show the key steps that were taken to investigate and respond to the issues raised. VII. Investigation Follow-up A. The interviewer will meet with the complainant and inform that person that the investigation has been concluded. The employee will be told that the allegations were confirmed or not confirmed. The employee will be informed of the avenues available to them if they do not agree with the findings. Finally, the employee will be informed of what to do if he/she experiences any retaliation as a result of participation in this process, and, once again, the investigator will reinforce the issue of confidentiality. B. Personnel actions and/or disciplinary actions will not be disclosed. VIII. Investigation Time Period As a general rule, investigations will be concluded in a ninety (90) day time period, unless there are mitigating factors. Failure to complete the investigation within 90 days will not impact results of the investigation. IX. Confidentiality Each participant will be warned at the beginning and again at the end of the interview process that the investigation is being conducted in a confidential manner. The party will also be informed that he/she is not at liberty to discuss anything pertaining to the investigation with anyone who does not have a legitimate business need to know.  THE CITY OF CHESAPEAKE AND ITS GOVERNMENT Chesapeake is a unique City. It was formed by the merger of the City of South Norfolk with Norfolk County in 1963. The 353 square miles of Chesapeake make it one of the largest cities in land area in Virginia. Its rapidly expanding population makes it one of the fastest growing cities in the country. The City operates under a Council/Manager form of government. The Council, composed of nine (9) elected members, is the policy-making body responsible to the citizens for the general direction of the City. The City Manager is the executive head of the government, responsible to the Council for the day-to-day operation of the City. The primary function of the City of Chesapeake is to provide essential services to the citizens as efficiently as possible. This means that we have a very important job to do. Every position within the City is important, and our ability to do our jobs in the best possible way is necessary for the smooth operation of our City government.  EMERGENCIES Even under emergency conditions, it is our responsibility to provide our citizens with vital services. Some employees within the City operation are designated as “alpha employees.” If you are designated as an “alpha employee,” it is your responsibility to report for work should you be instructed to do so. This obligation is a condition of your employment. Based on the nature of the emergency, all employees within the City have the potential to be designated as Alpha. If you have any questions regarding the designation of your position as “essential personnel,” please ask your supervisor.  EMPLOYEE ASSISTANCE PROGRAM The City of Chesapeake is committed to investing in the well-being of its employees. Management recognizes that an employee’s well-being directly affects job satisfaction and productivity and that an employee’s personal problems may result in poor work performance that in turn may adversely affect City operations and jeopardize the employee’s career. Personal problems may include, but are not limited to: family, marital, substance abuse, psychological, legal, health or financial. While it is neither the role nor the desire of City management to become directly involved in the personal problems of employees, management does want to provide a way in which employees can more easily recognize when they have a problem and obtain help for that problem at the earliest stage possible. The Employee Assistance Program, (E.A.P.) has been established as a benefit to provide a free, simple and confidential means for employees to seek and obtain help for overcoming problems affecting job performance at the earliest possible stage. The EAP emphasizes the confidentiality of all treatment or counseling, regardless of the stage at which the referral is made. All full-time and regular part-time City employees, their dependents and members of their immediate household are eligible to participate in the Employee Assistance Program. The first (8) visits are free of charge. For additional information, please refer to Administrative Regulation 2.43.  EQUAL EMPLOYMENT OPPORTUNITY The City of Chesapeake provides equal opportunity for employment to all individuals regardless of regard to race, religion, age, color, sex, national origin, disability, marital status or sexual orientation. This policy affects all aspects of employment practices including, but not limited to, the following: recruitment, testing, selection, promotion, compensation, benefits, transfers, demotions, terminations, City-sponsored training, social and recreational programs, use of City facilities or any other human resource action. The City of Chesapeake is committed to maintaining a work environment free of all discrimination and/or harassment. Any discriminatory actions or conduct involving ridiculing or harassing of any person(s) on the basis of their race, religion, color, sex, national origin, age, disability or marital status will not be tolerated. Racial, sexual, religious, ethnic and/or other comments, which embarrass or degrade are unnecessary sources of conflict and are considered to be violations of the City’s Equal Employment Opportunity Policy. Equal Employment Opportunity is of legal, social and economic importance to the City of Chesapeake. The City also recognizes that successful performance regarding affirmative action will broaden our applicant base, reinforce merit employment concepts, and provide positive benefits to the City. Complaints and concerns may be addressed through your department, the City’s grievance system, the City’s EEO Specialist, or the Equal Employment Opportunity Commission. All discrimination/harassment complaints must be reported to the City’s EEO Specialist prior to beginning any form of investigation or imposing disciplinary action. Departments must notify the Department of Human Resources within five (5) calendar days after notification.  EXIT INTERVIEW All employees are encouraged to complete an online exit interview before leaving the City. Exit interviews are one of the best ways for us to get true and honest feedback from employees. Your honest feedback will not result in repercussions, and statements made during an exit interview will not be used to prevent future eligibility for rehire. The exit interview is an integral part of the City’s employee retention efforts. We are always looking for ways to keep our key employees and we certainly value your feedback. To complete the online Exit Interview please go to: http://www.cityofchesapeake.net/government/City-Departments/Departments/Human-Resources- Department/links-resources/exit.htm You can also get there by going to the City’s main web page and select Government to get to the Human Resources main webpage. Look under Links and Resources on the left and you will see the choice of Online Exit Interview. SEPARATION OF SERVICE Upon leaving employment with the City, your departmental payroll clerk will provide you with the following important information concerning your benefits (if applicable) when you terminate your employment with the City as follows:  COBRA - Continuation paperwork will be provided to employees who separate and/or retire who had coverage under the following plans: Health insurance, Dental insurance, Voluntary Vision coverage and Medical Flexible Spending Accounts.  Pre-paid Legal – You can continue coverage through Legal Resources 30 days after your date of separation if currently enrolled by contacting 1.800.728.5768.  ICMA-RC - 457 Deferred Compensation – You may keep your funds in your account, withdraw your funds or transfer your funds to another qualified plan. For additional information or forms please go to: www.icmarc.org or call ICMA at 800-669-7400 weekdays from 8:30 a.m. – 9:30 p.m. Eastern Time.  Optional Long Term Disability Coverage with the Standard Insurance Company – Coverage ends upon your separation unless you are currently receiving payments from this benefit. There is no conversion or portability option under this plan.  Virginia Retirement System (VRS) – Visit www.varetire.org for forms and/or information about your accrued retirement benefits under VRS. You can also call 1-888-827-3847. Please note: If convicted of certain felony (ies), a loss of accrued retirement benefits could occur under the provisions of the Code of Virginia §51.1-124.13.  VRS Life Insurance –Ends with your separation unless you are eligible for retirement at the time of your separation. If you have Optional/Voluntary life insurance through VRS with Minnesota Life, you can contact them if you are interested in converting your coverage to an individual term policy. For more information, please call Minnesota Life at 1-800-441-2258.  HARASSMENT Illegal harassment is unwelcome behavior directed at a member of a protected group and occurs when harassment is such as to create a “hostile environment.” A hostile environment is said to exist when: ƒ An employee has been subjected to verbal or physical conduct that shows hostility toward the employee because of the employee’s race, color, religion, national origin, gender, disability, or age; and ƒ The conduct has the purpose or effect of interfering with the employee’s work performance or opportunities, or creating an intimidating, hostile or offensive work environment.  OUTSIDE EMPLOYMENT In an effort to ensure that no conflict of interest exists, employees must promptly inform their supervisor if they are employed elsewhere in addition to their position with the City. This includes both full-time and part-time positions outside of the City organization. A description of the outside position, date of hire, and number of hours committed to outside employment is required. Please see the Request For Outside Employment form for outside employment.  RESIGNATION The City requests a minimum of two (2) weeks* notice of your intention to terminate your employment. Your resignation should be in writing and given to your immediate supervisor. Your letter of resignation should include the following information: 1. Date of Resignation; 2. Reason for Resignation; and 3. Your signature. *While it is professional courtesy to provide two weeks notice, extenuating circumstances do sometimes exist. Failure to provide a full two weeks notice, will not automatically result in a “No” recommendation for rehire. “No” recommendations must be based on legitimate business considerations. Upon termination, employees will be provided a clearance form which indicates their rehire status. “No” recommendations may be appealed to the Director of Human Resources within the first 30 calendar days following separation of employment. If an employee has not filed an appeal within 30 calendar days of their separation, the opportunity for further appeal will be available two years from the date of separation.  SEAT BELTS All City employees must wear seat belts when they are driving or riding in the front seat of a City vehicle. Seat belts must be fastened before starting the motor and must remain fastened until the motor is turned off. This applies to both licensed and off the road, non-licensed vehicles whenever seat belts are provided. Persons other than City employees must also wear a seat belt when riding in a City vehicle. CITY OF CHESAPEAKE, VIRGINIA Number: 1.20 CITY DIRECTIVE EFFECTIVE DATE: 12/22/2021 SUBJECT: OFFICE OF CITY MANAGER SUPERSEDES: 5/7/2007 DRIVING STANDARDS POLICY I. PURPOSE The purpose of this policy is to provide procedures and minimum driving standard requirements for individuals who operate a motor vehicle in the conduct of City business. II. DEFINITIONS Driver – An individual with a valid, appropriate driver’s license, who operates a motor vehicle and includes both the routine driver and the occasional driver. Motor Vehicle – Shall have the same definition as contained in the Code of Virginia and shall include an individual’s personal vehicle, operated in the conduct of City business. Occasional Driver – An individual who operates a motor vehicle on an occasional basis in the conduct of City business and who has a valid driver’s license. Routine Driver – An individual who operates a motor vehicle on a regular basis in the conduct of City business and/or whose job description includes a valid driver’s license as a special requirement. III. APPLICABILITY This policy applies to employees, employment applicants, interns, temporary service workers, contract workers and volunteers in departments under the direction of the City Manager who routinely or occasionally operate a motor vehicle in performance of their job duties. IV. POLICY A. An acceptable driving record is determined as the following: 1. No more than two convictions involving any moving violation within the last twelve months. 2. No violations or convictions that indicate the valid driver’s license is/was denied, suspended or revoked during the past two years for any reason other than failure to pay fines or other non-drug or alcohol related administrative reason(s).  3. No drug or alcohol related driving convictions within the past three years. 4. No more than one conviction of reckless driving or driving 20 or more miles over the speed limit within the past three years. B. Convictions which are so egregious that they could be deemed negligent in the City’s duties to the public may be addressed separately through the City’s Disciplinary Policy or may result in disqualification of an applicant, intern, or volunteer. The date of conviction and anticipated date of hire will be used when determining eligibility under this policy. C. One three-point infraction may be forgiven for an employee who chooses to voluntarily participate in a Virginia DMV-licensed driver improvement course. Please refer to the Guide to Driving Standards Process and Procedure for more information. D. Employees, interns, temporary service workers, contract workers and volunteers shall maintain liability insurance, as required by Virginia law, on their personal vehicles if used for work purposes. E. Current employees, interns, and volunteers who fail to meet the driving standards as outlined in this policy will be determined ineligible to operate a motor vehicle in the conduct of City business and may be separated from employment, internship, or volunteer position due to the inability to meet a requirement of the position. F. In addition to the driving standards outlined herein, special provisions may apply for certain positions based on federal or state statutes, regulations, licensing boards, operation of emergency vehicles/equipment, etc. Departments with classifications subject to such regulations or provisions shall communicate this information to all affected employees and enforce the provisions of such regulations within their operation. V. OTHER APPLICABLE POLICIES City employees are also subject to Administrative Regulations/City Directives 1.19 (City-Wide Safety Program Loss Control Policy), 2.11 (Disciplinary Policy), 2.44 (Substance Abuse Policy) and 4.21 (Central Fleet Management Customer’s Handbook) when required to operate a motor vehicle as part of their duties. As such, employees who routinely or occasionally operate a motor vehicle in performance of their job duties or as a requirement of their job description will be enrolled in the Department of Motor Vehicles (DMV) Driver Monitoring Program. Once enrolled, the Department of Human Resources will receive notification when an employee in the program receives a moving violation conviction, suspension, or revocation. The employee’s supervisor and/or department manager will be notified of violations that cause the employee to be out of compliance with this policy. VI. OBLIGATION TO REPORT Individuals who routinely or occasionally drive in their job are required to immediately report any change in their license status to their immediate supervisor. They must also report, as soon as practicable but not later than their next scheduled shift, any conviction that causes them to be in non-compliance with this policy. Failure to report as outlined above may subject the employee to disciplinary action, up to and including termination of employment. APPROVED AS TO FORM AND CONTENT: \1-/ 11-('202) Andrea Ruege, Assistant City Attorney III Date APPROVED AND ADOPTED: !J 10: (/;1 Christopher M. Price, City Manager /7- -7-7- -c/ Date Attachments: Guide to Driving Standards Policy and Procedure City Driving Standards Policy Agreement CITY OF CHESAPEAKE, VIRGINIA NUMBER: 2.07 CITY DIRECTIVE EFFECTIVE DATE: 3/23/2021 SUBJECT: DEPARTMENT OF HUMAN RESOURCES SUPERSEDES: 8/20/1996 GRIEVANCE POLICY AND PROCEDURE I. PURPOSE In order to effectively accomplish the work of the City, it is necessary for open communication to exist between supervisors and their employees. It is the intent of this Grievance Policy and Procedure to provide a formal method of open communication for the resolution of problems which may arise in connection with an employee’s working environment. Employees are encouraged to discuss work-related problems with their supervisors before using the formal Grievance Procedure. II. OBJECTIVES A. To provide employees with an effective and acceptable means to bring work-related problems to the attention of management. B. To afford an immediate and fair method for the resolution of work-related problems at the lowest possible level of management. C. To provide a method to ensure proper application of management policies and procedures and determine supervisory effectiveness and fairness. III. DEFINITION OF GRIEVANCE A. For the purpose of this Policy and Procedure, a “grievance” is defined as a complaint or dispute of an employee relating to his/her employment with the City of Chesapeake, including but not necessarily limited to the following: 1. Disciplinary actions, including written reprimands, terminations, disciplinary demotions, and disciplinary suspensions, provided that terminations shall be grievable when resulting from formal discipline or unsatisfactory job performance; 2. The application of personnel policies, procedures, rules and regulations, including the application of policies involving matters referred to in subsection B (3) below; 3. 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 status as a veteran; and Page 1 of 11  4. Acts of retaliation resulting from 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. B. Management reserves the exclusive right to manage the affairs and operations of local government. Accordingly, the following complaints are non-grievable: 1. Establishment and revision of wages or salaries, position classifications, or general employee benefits; 2. Work activity accepted by the employee as a condition of employment or which may be reasonably expected to be a part of the job content and the measurement and assessment of work activity through a performance evaluation; 3. The contents of ordinances, statutes, or established personnel policies, procedures, rules and regulations; 4. Failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly; 5. The methods, means, and personnel by which City operations are to be carried on; 6. Termination, demotion, layoff, suspension of duties because of lack of work, reduction in work force, or job abolition except where such action affects an employee who has been reinstated within the previous six months as the result of a final determination of a grievance. In any grievance brought under this exception, the action shall be upheld upon a showing by the City that (1) there was a valid business reason for the action, and (2) the employee was notified of such reason in writing prior to the effective date of the action; 7. The hiring, promotion, transfer, assignment, and retention of employees within the City; or 8. The relief of employees from duties of the City in emergencies. The classification of a complaint as “non-grievable” shall not be construed to restrict any employee’s right to seek, or management’s right to provide, customary administrative review of complaints outside the scope of this Grievance Procedure. C. For purposes of this policy, the Director of Human Resources shall be the City Manager’s designee, unless provided otherwise herein. Page 2 of 11 IV. GRIEVABILITY/QUALIFICATION FOR PANEL HEARING If there is a question as to whether an employee has access to the Grievance Procedure or whether an employee’s concern is clearly a “grievance,” the Department Head must correspond with the Director of Human Resources to request a ruling. The Director of Human Resources will rule on the question of grievability within ten (10) calendar days of the request and extend the Grievance Procedure time limits accordingly. A copy of the ruling will be sent to the grievant. Such determination of grievability must be requested after the reduction of the grievance to writing in Step 2 and prior to the Panel Hearing. If the issue of grievability is not determined during the management steps, the Director of Human Resources shall make a determination of whether an issue qualifies for a Panel Hearing within ten (10) calendar days of receipt of a request for a Panel Hearing. Decisions of the Director of Human Resources may be appealed by the grievant to the City of Chesapeake Circuit Court for a hearing based on the record on the issue of grievability. Proceedings for review of the decision of the Director of Human Resources shall be instituted by filing a notice of appeal with the Director of Human Resources within ten (10) calendar days after the date of receipt of the decision and giving a copy of the notice to all other parties. Within ten (10) calendar days thereafter, the Director of Human Resources shall transmit to the Clerk of the Court to which the appeal is taken a copy of the Director’s decision, 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 Director of Human Resources to transmit the record within the time allowed shall not prejudice the rights of the grievant. The Court, on motion of the grievant, may issue a writ of certiorari requiring the Director of Human Resources to transmit the record on or before a certain date. The Court may affirm the decision of the Director of Human Resources or may reverse or modify the decision. The Code of Virginia provides that within 30 days of receipt of such records by the clerk, the Court, sitting without jury, shall hear the appeal on the record transmitted by the Director of Human Resources 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 Code of Virginia further provides that the decision of the Court shall be rendered within fifteen (15) days of the conclusion of the hearing. The Court’s decision determining grievability and qualification for a Panel Hearing is final and may not be appealed. V. ELIGIBILITY A. Except as otherwise indicated in this section, all full-time and regular part-time City employees, who have completed their original entrance probationary period, shall have access to all provisions of this Grievance Procedure. Temporary, seasonal, and original entrance probationary employees shall not be eligible to grieve a written reprimand, suspension of more than five working days, demotion, dismissal, or termination. Other Page 3 of 11  grievances may be processed under this Procedure through Step 2 (Department Head). An employee serving a probationary period as a result of a promotion, reclassification, or career progression plan shall not be eligible to grieve their removal from the position for their inability to perform their work satisfactorily. B. The following employees do not have access to this Grievance Procedure: elected officials; appointed officials; City Manager; Deputy City Managers; Assistant to the City Manager; department heads appointed by the City Manager; Executive Director of Chesapeake Integrated Behavioral Healthcare; and Constitutional Officers and their employees. The City Manager shall determine the officers and employees (by position) who are excluded from this grievance procedure, and shall maintain a list of such excluded positions in the Department of Human Resources. C. A law enforcement officer who has a grievance subject to the provisions of this procedure may proceed under either this Grievance Policy and Procedure or the Law-Enforcement Officers Procedural Guarantee Act (§§9.1-500 et seq. of the Virginia Code), but not both. D. Any employee who elects to process his/her grievance under another existing procedure is not eligible to access this procedure. VI. RIGHTS AND CONDITIONS A. The grievant shall be allowed, during the second management step and at the Panel Hearing, to be accompanied or represented by an individual of his/her choice, which may be legal counsel. Any cost of representation will be at the grievant’s expense. Management has the option of being represented by counsel at the Panel Hearing, and may have counsel present at the second management step if the grievant is represented by legal counsel. B. To provide for extenuating circumstances and upon mutual agreement of the parties, the Director of Human Resources may extend time limits specified in the Grievance Procedure. The action granting an extension of time shall be set out in writing and should state the reasons for the time extension. C. After the initial filing of a grievance, failure of either party to comply with all substantial procedural requirements of this Grievance Procedure, including the Panel Hearing, without just cause, will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) working days of receipt of written notification of the noncompliance from the Department of Human Resources. Written notification of non-compliance by either party shall be made to the Director of Human Resources. The Director of Human Resources may require a clear written explanation of the basis for just cause extensions or exceptions. The Director of Human Resources shall determine compliance issues. Compliance determinations made by the Director of Human Resources shall be subject to judicial review by filing a petition with the City of Chesapeake Circuit Court within 30 days of the compliance determination. Page 4 of 11 D. To provide for extenuating circumstances, the Director of Human Resources can consolidate steps in the Grievance Procedure or authorize the grievant to skip certain steps. This action must be documented in writing and be consented to by the grievant. Modifications of the time limits may be authorized in writing by the Director of Human Resources in conjunction with such consolidation. E. The jurisdiction and authority of the Panel shall be confined to judging the City’s action in the application of the City’s policies, rules, and regulations. The Panel shall have no authority to add to, delete from, ignore, or amend City policies, rules, and regulations. F. All reasonable efforts will be made to process grievances during normal working hours. All City employees involved shall be considered to be on duty during the proceedings, including witnesses, and shall be compensated accordingly. G. Once an employee reduces his/her grievance to writing, he/she must indicate the specific relief which is sought through the use of the Procedure. The relief shall relate only to the grievant. Written grievances that do not include relief sought will be considered incomplete and not in compliance with the substantial procedural requirements of the Grievance Procedure. The Director of Human Resources will make this determination. In the event particular forms of relief sought by a grievant are beyond the scope of a grievance panel’s authority (e.g., punitive damages, attorneys’ fees, job transfers, etc.), the Director of Human Resources shall so advise the grievant, the management representative, and the members of the grievance panel in writing prior to the panel hearing. H. The grievance submitted in writing to the department head shall be considered the entire grievance of the employee. Additional complaints of grounds for grievance may not be added after submission of the written grievance, and must be submitted as separate grievances under this Procedure. I. The use of recording devices or a court reporter is not permitted at the Step 1 meeting. A recording can be made of the Step 2 meeting by either party. The fact that the meeting is being recorded must be disclosed to the other party prior to the start of the Step 2 meeting. The Panel Chairperson or designee will record the proceedings of the Hearing at Step 3. There will be no other recordings permitted. If the grievant desires a transcript of the Hearing, he/she shall bear the costs thereof. J. When a deadline falls on a Saturday, Sunday, or City holiday, the next day that is not a Saturday, Sunday, or City holiday shall be considered the last day. K. Whenever a party is required or permitted under these rules to perform an act within a prescribed time after service of a paper upon him/her, and the paper is served by mail, the date of receipt shall be considered to be the date of the mailing plus three calendar days. Page 5 of 11  * “Executive Director” is to be substituted for all references to the “City Manager” when the procedure is used by employees of Chesapeake Integrated Behavioral Healthcare. VII. PROCEDURE FOR FILING A GRIEVANCE Step l: An employee who has a grievance shall notify his/her immediate supervisor of this fact within 20 calendar days after the occurrence or knowledge of the occurrence prompting the grievance. The supervisor shall meet with the employee to discuss the matter fully. The grievance need not be reduced to writing by the employee at this step, and there will be no representative present. The supervisor shall meet with the employee and respond in writing, on a Grievance Form obtained from the Department of Human Resources, within five (5) full working days of notification. Copies of the supervisor’s written response shall be sent to the affected department head and the Department of Human Resources. The use of a recording device or court reporter is not permitted at the Step 1 meeting. Step 2: If, after receiving the reply from his/her supervisor, the employee believes that the grievance is not satisfactorily resolved, he/she may, within five (5) full working days of the response, reduce his/her grievance to writing on the Grievance Form. The written grievance will be the grievant’s explanation of what has occurred. It shall include a statement of the facts on which the grievance is based and the remedy or correction sought and shall constitute the entire complaint (see Section VI, G & H). The grievant will submit the written grievance to his/her immediate supervisor, who will send it within three (3) full working days to the department head. (Employees who are not able to read or write should be encouraged to seek assistance in using this procedure.) The department head will meet with the grievant within five (5) full working days of the department head’s receipt of the written statement. Appropriate witnesses for the grievant and department head may attend the meeting. Such witnesses may only be in attendance long enough to present evidence. Once that task is completed, the witness must leave the meeting. The grievant may have present at this meeting a representative or legal counsel at his/her expense. If the grievant chooses to have counsel present, the department head may request legal counsel to represent management. A recording can be made at the Step 2 meeting by either party. The fact that the meeting is being recorded must be disclosed prior to the start of the meeting. A written reply by the department head, submitted on the Grievance Form, shall be made to the grievant within five (5) full working days following the meeting. A copy of the grievant’s statement and the department head's response shall be sent to the Department of Human Resources. Page 6 of 11  In cases where the department head is also the grievant’s immediate supervisor, the Step 2 grievance meeting shall be bypassed and the grievant shall submit his/her Step 3/Request for Panel Hearing to the City Manager. Step 3: If a satisfactory resolution of the grievance cannot be reached between the employee and the department head, the grievant may proceed with the grievance by requesting a Panel Hearing. This request is made in writing to the City Manager and states the reasons for a Panel Hearing. This request must be submitted, on the Grievance Form, to the City Manager within ten (10) full working days of the grievant’s receipt of a response from Step 2. The City Manager will send the grievance to the Director of Human Resources within five (5) full working days of receipt of the request. (While no formal hearing will be held by the City Manager, this shall not preclude the City Manager from exercising his/her inherent authority to modify management's action at any time during the grievance process by reducing the disciplinary action or otherwise providing all or part of the relief sought by the grievant.) The selection and composition of the Panel shall be in accordance with Section VIII of this Policy. The grievant may have present at the Panel Hearing a representative or legal counsel at his/her expense. If the grievant chooses to have counsel present, the department head may request legal counsel to represent management. Advance notice shall be given by the grievant regarding his/her intention to have representation at the hearing as well as a list of all witnesses. Copies of the written grievance shall be provided by the Department of Human Resources to the Panel members. (See Section X, A) The majority decision of the Panel shall be final and binding in all its determinations and shall be consistent with the provisions of law and written policy. VIII. COMPOSITION OF GRIEVANCE PANEL A. Each department head shall provide to Human Resources a listing of diverse management and non-management employees (taking into consideration race, color, religion, sex [including pregnancy, gender identity, and sexual orientation], national origin, age [40 or older], disability or genetic information) who can serve on a grievance panel. The listing shall be supplied in odd years in January and must include names consisting of 10% of the department’s full-time employees, or minimally one employee, whichever is greater. Based on this information, Human Resources will compile and retain a City-wide list of employees designated to serve on grievance panels for a two-year term. The employees on the list could be selected multiple times to serve on a grievance panel within their two year term. B. The grievant’s department head and the grievant will be supplied with the list. Page 7 of 11  The panel shall be composed of three (3) members chosen from the list as follows: 1. One (1) member shall be selected by the department head; 2. One (1) member shall be selected by the grievant; and 3. The remaining member, who will serve as Chairperson, shall be chosen by the two appointees. The Director of Human Resources, or his/her designee, shall meet with the two chosen Panel members within five (5) full working days of their selection to select the third member. Should the two appointees be unable to select a third member from the list, the Chief Judge of the Circuit Court will appoint, from the list, the third Panel member. C. The grievant and department head must select their respective Panel members and notify the Department of Human Resources of their selection within five (5) full working days of receipt of the list. D. No person involved in an earlier phase of the grievance, or who might reasonably be expected to become involved in or have other than an unbiased opinion of the grievance at hand, may serve on the Grievance Panel. Such 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, aunt, uncle, and first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of such attorney shall serve as a panel member. In the event that a selected Panel member is unable to serve on the Panel, the Director of Human Resources may ask the parties to choose another member from the list within five full working days of notification of the Panel member’s inability to serve. IX. PANEL RESPONSIBILITY A. The Panel members shall set the time for the Hearing which shall be held within 15 full working days unless mutually agreed upon by both parties after the Panel has been selected, and notify the grievant and other parties and witnesses. Parties should make every effort to schedule the Panel Hearing as soon as possible. B. The Panel shall not conduct its own investigation prior to the Panel hearing. Panel members are prohibited from discussing the grievance with the grievant, the management representative, legal counsel for the grievant or management representative, other Panel members, or any of the witnesses prior to the hearing. The Panel shall not initiate any pre- Page 8 of 11  hearing contact with these people, and if any of these contact a Panel member prior to the hearing, the Panel members shall notify the Director of Human Resources. C. The Panel has the responsibility to review and determine the appropriateness of grievable actions in light of applicable City policies, rules, and regulations. The Panel shall have no authority to add to, delete from, ignore, or amend City policies, rules, and regulations. D. The decision and recommendation of the Panel may not expand the issue or the relief requested in the original grievance. The Panel may grant a lesser degree of relief than that requested by the grievant. In the case of disciplinary actions, the Panel may uphold or void the disciplinary action, or impose whatever lesser discipline the Panel determines to be appropriate. The decision of the Panel shall be final and binding and shall be consistent with provisions of law and written policies. E. The question of whether the relief granted by a panel is consistent with written policy shall be determined by the City Manager. Any challenge of a Panel decision on the grounds of inconsistency with law and written policy shall be submitted, in writing, by either party (department head or grievant) to the Director of Human Resources within five (5) working days of receipt of the decision. In addition, after receipt of the Panel decision, the Director of Human Resources may on his/her own action remand to the Panel for further consideration a decision which appears to be inconsistent with law or written policy. Where the Director of Human Resources has direct personal involvement with the event or events giving rise to the grievance, the decision on whether the relief granted by the Panel is consistent with written policy shall be determined by the Chesapeake Commonwealth’s Attorney. X. CONDUCT OF HEARING A. The Department of Human Resources 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 at least ten (10) days prior to the scheduled Panel Hearing. The grievant and his/her attorney shall have access to and copies of all relevant files intended to be used in the grievance proceedings, provided, that in no case shall the privacy of personal records of other employees be impaired. The parties will exchange documents, exhibits and lists of witnesses at least five (5) days before the scheduled Panel Hearing. B. The Panel shall determine the propriety of attendance at the Hearing of persons not having a direct interest in the Hearing provided that, at the request of either party, the Hearing shall be private. C. A record will be kept of what takes place at the Hearing. D. The Panel may, at the beginning of the Hearing, ask for statements clarifying the issues involved. Page 9 of 11 E. The Panel shall determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of evidence, so long as full and equal opportunity is afforded to all parties for the presentation of their evidence. Exhibits, when offered, may be received in evidence by the Panel, and when so received, shall be marked and made part of the record. F. Management and then the grievant, or their representatives, shall present their claims, proofs, and witnesses. Both grievant and management may call upon appropriate witnesses and be represented by legal counsel or other representatives at the Panel Hearing. Witnesses shall submit to questions or other examination. The Panel may, at its discretion, vary this procedure; but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant proof. G. The parties may offer evidence and shall produce such additional evidence as the Panel may deem necessary to an understanding and determination of the dispute. All evidence shall be taken in the presence of the Panel and of the parties except by mutual consent of the parties. H. The Panel Chairperson shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the Chairperson shall declare the Hearing closed. The Hearing may be reopened by the Panel on its own motion or upon application of a party for good cause shown at any time before the award is made. I. The Panel shall have the authority to uphold management’s action. 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), the Panel shall have the authority to reverse, reduce, or otherwise modify such action and, where appropriate, to order the reinstatement of such employee with all or a portion of back pay. 1. Back pay shall be in an amount the Panel believes to be equitable, not to exceed pay for time actually lost due to suspension or discharge. 2. Any award of back pay shall be offset by interim earnings the grievant received during the period of separation. J. Agreement by two of the Panel members shall constitute a decision on the grievance under review. The decision by the Panel and the reasons supporting that decision shall be filed in writing with the City Manager not later than fifteen (15) full working days after the completion of the Hearing. Copies of the final decision shall be transmitted by the City Manager to the grievant, department head and Director of Human Resources within five (5) full working days of receipt of the decision. K. The City Manager shall implement the Panel decision to the extent that it is consistent with the provisions of law and written policy. If either party believes the decision to be Page 10 of 11 CITY OF CHESAPEAKE, VIRGINIA NUMBER: 2.09 EFFECTIVE CITY DIRECTIVE DATE: 04/01/2021 SUBJECT: DEPARTMENT OF HUMAN RESOURCES SUPERCEDES: 12/15/04 EQUAL EMPLOYMENT OPPORTUNITY POLICY I. PURPOSE The City of Chesapeake is committed to providing a safe and productive work environment, free of discrimination, harassment, retaliation, or bullying. The City’s commitment in this regard goes well beyond meeting legal requirements. The personal uniqueness of each employee is an asset of great worth. As such, the City is dedicated to providing equal employment opportunity for all employees and applicants regardless of these protected factors - race, color, religion, sex, sexual orientation, gender identity and/or expression, national origin, age, pregnancy, childbirth or related medical conditions, physical or mental disability, genetic information, protected veteran status, citizenship status, marital status, political affiliation and any other characteristic protected by federal, State, or local law. For the purpose of this policy, “disability” is defined in accordance with the Americans with Disabilities Amendments Act (ADA) and “genetics” in accordance with Title II of the Genetic Information Non-Discrimination Act. This Policy sets forth the City’s anti-discrimination, harassment, and retaliation policies as well as the compliance and investigation procedures. The Director of Human Resources is responsible for official interpretations of this Policy. II. POLICY / RESPONSIBILITY The City is an Equal Employment Opportunity Employer. Consistent with the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990 as amended, the Age Discrimination in Employment Act of 1967 (ADEA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and other relevant statutes, the City does not discriminate against employees in any aspect of employment, nor applicants for employment, based upon the protected factors. All allegations of EEO violations will be investigated in accordance with this Policy, and employees found to be in violation of this Policy shall be subject to corrective and/or disciplinary action up to and including termination of employment. Every employee is responsible for helping ensure that discriminatory practices are avoided or, when necessary, identified and eliminated. All supervisory personnel are responsible for taking appropriate action to identify and stop all unacceptable behaviors and implement corrective action to ensure that there is no recurrence. III. APPLICABILITY This Policy is applicable to all City employees within departments/agencies under the direction of the City Manager. Likewise, any person conducting business with the City (contractors, vendors, citizens, interns, volunteers, or agents thereof) is expected to treat our employees and citizens with respect and to conform to the same workplace standards of conduct as City employees. This Policy applies to all terms and conditions of employment, including, but not limited to  Page 2 of 8 recruitment, promotions, testing, training opportunities, hiring, transfers, work assignments, discipline, salary and benefits, termination, performance evaluations, and working conditions. IV. DEFINITIONS Age discrimination - occurs when persons 40 years or older are treated unfairly because of their age. Citizenship status discrimination - occurs when people are treated unfairly based on their citizenship or immigration status. Color discrimination - occurs when people are treated unfairly because of the color of their skin. Disability discrimination - occurs when people are treated unfairly because of a disability or perceived disability. Duty - a task that must be accomplished, rather than the manner in which the task is accomplished. Equal Employment Opportunity (EEO) - is the right to be considered for a job, training opportunity, or other benefit for which a person is skilled or qualified. Equal Employment Opportunity Compliance Officer – Human Resources staff member responsible for the oversight of all EEO matters citywide, to include but not be limited to, investigations and receipt of EEO concerns. Equal Employment Opportunity Professional - includes the Department of Human Resources’ (HR) EEO Compliance Officer and any other HR staff member designated by the Director of Human Resources to address EEO matters. Essential functions - job duties that are fundamental to the position, not marginal in nature. Gender identity discrimination - occurs when people are treated unfairly because of how they perceive themselves and what they call themselves. One’s gender identity can be the same or different than one’s sex assigned at birth. Gender expression discrimination - occurs when people are treated unfairly because of the way they express their gender identity, typically through their appearance, dress, and behavior. Genetic information discrimination - occurs when people are treated unfairly because of information about their genetic tests and the genetic tests of their family members, as well as information about the manifestation of a disease or disorder in their family members (i.e. family medical history). Individual with a disability - an individual under the ADA who has a physical or mental impairment that substantially limits one or more major life activities, or a record of such impairment, or is regarded as having such impairment. Harassment - occurs when someone creates an intimidating, hostile, or offensive environment verbally, non-verbally, or physically based on a person’s protected factors. Hostile environment - occurs when the conduct has the effect of unreasonably interfering  Page 3 of 8 with a person’s work performance or creates an intimidating, hostile or offensive work environment, based on a person’s protected factors. Marital status discrimination - occurs when people are treated unfairly because they are married, single, separated, or divorced. National origin discrimination - occurs when people are treated unfairly because of their nationality. Political affiliation discrimination - occurs when people are treated unfairly because of their membership of, or close association with, a political party or organization. Pregnancy discrimination - occurs when a person is treated unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Protected Factors - race, color, religion, sex, national origin, age, pregnancy, physical or mental disability, genetic information, protected veteran status, citizenship status, marital status, political affiliation, sexual orientation, gender identity and/or expression, and any other characteristic protected by federal, State, or local law. Protected Veteran discrimination - occurs when people are treated unfairly because they are a disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or an Armed Forces Service Medical veteran. Qualified individual with a disability – a person with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. Racial discrimination - occurs when people are treated unfairly because of their race. Religious discrimination - occurs when people are treated unfairly because of their religious belief or non-religious belief. Retaliation - occurs when negative action is taken against a person because of a personal difference or opinion, because that person has opposed unlawful discrimination, or because they made a charge, testified, assisted, or participated in any manner in an investigation, or procedure under this policy. Sex discrimination - occurs when people are treated unfairly because of their gender. Sex discrimination includes pregnancy discrimination and sexual harassment. Sexual harassment - includes “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” by a manager, supervisor, co-worker or non-employee (third party). Such conduct may constitute sexual harassment when: Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment; or Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or The harassment substantially interferes with the employees work performance or creates an intimidating, hostile, or offensive work environment.  Page 4 of 8 Sexual orientation discrimination occurs when people are treated unfairly solely because of their real or perceived sexual orientation. This includes transgender status or unfair treatment based on their sexual orientation (e.g. lesbian, gay, bisexual, asexual, pansexual, straight). Veteran status discrimination occurs when people are treated unfairly because of their status as an active duty or retired member of the military. V. EQUAL EMPLOYMENT OPPORTUNITY The City is committed to providing equal employment opportunities without regard to protected factors. This policy relates to all phases of employment, including, but not limited to, recruiting, employment, placement, promotion, transfer, demotion, reduction of workforce, termination, rates of pay or other forms of compensation, selection for training, the use of all facilities, and participation in all City-sponsored employee activities. It is the responsibility of each supervisor of the City to ensure affirmative implementation of these policies to avoid any discrimination in employment. All employees are expected to recognize these policies and cooperate with their implementation. Violation of these policies is a disciplinary offense. Employees and applicants shall not be subjected to harassment, intimidation, or any type of retaliation because they have (1) filed a complaint; (2) assisted or participated in an investigation, compliance review, hearing, or any other activity related to the administration of any federal, State, or local law requiring equal employment opportunity; (3) opposed any act or practice made unlawful by any federal, State, or local law requiring equal opportunity; or (4) exercised any other legal right protected by federal, State, or local law requiring equal opportunity. Where discrimination or harassment is suspected, employees are encouraged to use the City’s complaint procedures outlined in this policy. Any individual found to be engaging in discriminatory or harassing conduct or practices will be subject to disciplinary action, up to and including termination of employment, and any other measures deemed necessary to eliminate such behavior. In addition, departments/agencies shall take the necessary steps to address the impact that any discrimination/harassment may have had on the complainant, department, or the City. The Department of Human Resources is responsible for the official investigation of all complaints of discrimination, harassment, and retaliation. VI. DISCRIMINATION AND HARASSMENT The City is committed to maintaining a workplace that fosters mutual employee respect and promotes professional conduct as well as harmonious, productive, working relationships. Our organization believes that discrimination, harassment, and retaliation in any form constitute misconduct that undermines the integrity of the employment relationship. All employees, unpaid interns, and/or volunteers should be able to enjoy a work environment free from all forms of discrimination and harassment. All citizens, vendors and other individuals who conduct business with the City should also be able to enjoy a harassment free interaction. Unlawful harassment is a form of misconduct that undermines the integrity of the employment relationship; therefore, it is the policy of the City of Chesapeake to treat all employees with respect and to ensure that the workplace is free of inappropriate and illegal discrimination and harassment.  Page 5 of 8 The City prohibits conduct that constitutes unlawful harassment, discrimination, and retaliation by employees as well as by third parties such as citizens, vendors and other individuals who conduct business with the City. Unlawful harassment and/or discrimination based on protected factors may be one incident or a series of incidents and may exist systemically as part of the work environment. When such behavior occurs, it is considered discriminatory or harassing if it creates a hostile, intimidating, offensive work environment, unreasonably interferes with an employee’s work performance or the conduct of City business. Examples of what may constitute discriminatory harassment if unwelcome, severe, or pervasive, and in violation of the City’s Policy, include, but are not limited to, the following: off-color jokes concerning race, sex, disability, or other protected factor(s); insults, threats, literature, pictures or cartoons based on protected factor(s);; any physical aggression based on protected factor(s); or emails, texts, posters, flyers, etc. of an offensive nature. VII. SEXUAL HARASSMENT The City of Chesapeake is committed to providing a work environment free of any form of sexual harassment. Sexual harassment is a violation of Title VII of the Civil Rights Act and, therefore, is prohibited within the workplace. It is the responsibility of all City employees to ensure that individuals are provided equal access to employment and services without being subjected to sexual harassment. Certain other behaviors may constitute sexual harassment if unwelcome, severe, or pervasive, and in violation of City policy. Such behaviors include, but are not limited to, the following: Sexually suggestive conduct or remarks about clothing, body, etc.; Sexual activities directed personally at a member of the Chesapeake workforce, customer, or citizen; Speaking or whistling in a suggestive manner directed personally at others; Sexual propositions, invitations, or other unwanted pressures for sexual contact; Obscene gestures, patting, pinching, or any other sexually suggestive touching or feeling to include attempted or actual kissing or fondling; Coerced sexual acts; Expressed or implied requests for sexual favors as a condition of employment, promotion, or favorable performance assessment; The display in the workplace of sexually suggestive or explicit objects, pictures, posters, or cartoons, including, but not limited to, offensive electronic communications or voice-mail messages; Accessing pornographic images through the internet or e-mail; or Verbal abuse of a sexual nature including foul or obscene language, lewd or sexually explicit comments, sexual jokes, or any graphic verbal commentary about an individual’s body.  Page 6 of 8 VIII. DISABILITY DISCRIMINATION The City is committed to complying with the Americans with Disabilities Act (ADA) as amended, and the Rehabilitation Act, as amended. In accordance with these Acts, the City will not discriminate against qualified individuals with disabilities, perceived disability or association with a disabled person, on the basis of disability in its services, programs, or activities, and such individuals will be afforded the right to reasonable accommodations. The City is dedicated to making individuals with disabilities full participants in employment, programs, services, and activities. No applicant for employment, employee, or program participant shall be denied access to, participation in, or the benefits of the City’s employment, programs, or activities solely because of that person’s disability, perceived disability, or association with a disabled person. In the employment arena, this prohibition covers all aspects of the employment process to include, but not be limited to, application, testing, hiring, assignments, evaluation, disciplinary actions, promotions, medical examinations, termination, compensation, leave, training, or benefits. It is unlawful to discriminate against qualified individuals with disabilities, perceived disabilities, or who have a known association with a disabled person. In this context, a qualified individual is an individual with a disability, perceived disability, or association with a disabled person who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of such job. A person with a “disability” is an individual who has a physical or mental impairment that substantially limits one or more major life functions; has a record of such impairment; or is regarded as having such impairment. The City will make reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless the accommodation would cause an undue hardship on the operation of the City. Employees and applicants with disabilities who may request a reasonable accommodation to perform essential functions should follow the reasonable accommodation procedure as outlined in Administrative Regulation 2.63, Americans with Disabilities Act (ADA) Policy and Procedure. IX. GENERALLY INAPPROPRIATE CONDUCT This policy prohibits behaviors that may not reach the level of harassment or discrimination, as defined in this Policy, but behavior that nonetheless is inappropriate in the workplace. Such behavior includes, but is not limited to, bringing sexually explicit pictures, photographs, cartoons, or objects to the workplace; repeated requests for dates; sexual bantering; jokes or teasing; sexual innuendoes; gestures, leers, or horseplay; obscene, profane, or abusive language; terms of endearment such as “doll,” “honey,” “sweetheart,” or “babe;” sending sexual, racial, ethnic, religious jokes, cartoons, etc. on e-mail, faxes, etc.; treating others in a discourteous manner; and using racial, ethnic or religious slurs or demeaning comments. X. EMPLOYEE RESPONSIBILITIES Each employee of the City is responsible for engaging in and promoting workplace behaviors that create and maintain an environment of respect and promote effective teamwork. Employees who  Page 7 of 8 experience violations of this policy are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. Employees who are directly impacted, witness, hear about (even just rumors), or have knowledge of behaviors that violate this policy shall immediately report such behavior to their supervisor, other management within their department, or the EEO Compliance Officer in the Department of Human Resources. Employees may address complaints and concerns through their supervisory chain of command, or by contacting the City’s EEO Compliance Officer at (757) 382-6492 or [email protected]. Persons who wish to discuss a problem concerning discrimination without revealing their identity may do so by contacting the EEO Compliance Officer. In such cases, the EEO Compliance Officer shall provide counseling and take such follow-up action as may be appropriate and possible given the restraints of anonymity. Anonymous complainants should be aware that it may be necessary to investigate the alleged discriminatory behavior even if the anonymous complainant wishes to withdraw his/her complaint. Complainants may request to withdraw a complaint of discrimination at any time. However, the final decision to approve their request and close the case shall rest with the EEO Compliance Officer. XI. MANAGEMENT RESPONSIBILITIES Managers and supervisors have a greater responsibility, not only to model respectful, professional conduct at the workplace, but also to maintain an inclusive environment. Managers and supervisors are expected to do the following: Immediately report all EEO concerns to the EEO Compliance Officer in the Department of Human Resources. Create, foster, and maintain a workplace that is free from discrimination and harassment; Ensure employment decisions and practices are based on a consistent set of criteria that is applied to all employees and not based on protected factors. Take each complaint concerning violations of this policy seriously. Failure to report an incident of harassing or discriminatory conduct is a violation of this policy. Ensure that all employees under their supervision are aware of this policy and the procedures for communicating a complaint. Respect confidentiality to the greatest extent possible by only sharing information regarding complaints and investigations with those who have a need to know. The EEO Compliance Officer in the Department of Human Resources is responsible for the official investigation of all EEO allegations. Page 8 of 8 CITY OF CHESAPEAKE, VIRGINIA NUMBER: 2.10 CITY DIRECTIVE EFFECTIVE DATE: 11/17/2022 SUBJECT: DEPARTMENT OF HUMAN RESOURCES SUPERSEDES: 05/01/2018 PERFORMANCE ASSESSMENT POLICY I. PURPOSE To foster employment excellence and a high-performing workforce, this policy establishes a performance assessment process that is intended to aid supervisors in linking an employee's performance to the City's strategic anchors, mission, vision, values, customer CARES standards, departmental goals/objectives, and individual employee performance standards. For the purpose of this policy, references to the City Manager, Director of Human Resources, or department head shall include their designees. II. ELIGIBILITY All probationary, full-time, and part-time City employees in classified positions within departments under the direction of the City Manager are covered by this policy. Employees in seasonal/substitute positions may be reviewed at the supervisor's discretion. III. DEFINITIONS Annual Performance Assessment Period - The annual review period of January 1 st through December 3 ! 51. Immediate Supervisor - The leader that directly supervises the employee's day-to-day performance. Interim Performance Assessment - Any performance assessment that occurs for a shorter time period than the annual assessment period for non-probationary employees. Memorandum of Expectations (MOE) - A formal document that establishes anticipated behavioral and performance standards and can be issued at any time during the annual review period. An MOE can be issued at any point during an employee's original or promotion/demotion probationary period, and any point after the prescribed probationary period ends. Performance Assessment - The standard processes and steps taken to determine if an employee's performance is consistent with the City's values and mission; departmental goals; supervisory standards (if applicable); job knowledge, skills, and abilities; and individual objectives. CITY OF CHESAPEAKE, VIRGINIA NUMBER: 2.11 CITY DIRECTIVE EFFECTIVE DATE: 12/22/2020 SUBJECT: DEPARTMENT OF HUMAN RESOURCES SUPERSEDES: 12/1/2005 DISCIPLINARY POLICY I. PURPOSE To establish a disciplinary policy which provides supervisors with a fair and objective guide for determining the seriousness of an employee's unsatisfactory work performance or misconduct and selecting the appropriate disciplinary action to correct the unacceptable behavior. Initiating the disciplinary process should not replace counseling. Supervisors should counsel employees in lieu of discipline whenever appropriate. Counseling may be in the form of a coaching or documented counseling. Employees may also avail themselves of professional counseling via the City’s Employee Assistance Program. II. DEFINITIONS Coaching – Verbal and/or written guidance provided by a supervisor to an employee for the purpose of helping solve performance issues and improve work performance. Demotion – The placement of an employee in a job classification with a lower pay grade due to a request by the employee, unsatisfactory job performance, or disciplinary action. Notice of Disciplinary Action (NDA) – A written notification of discipline to an employee, issued after the employee has had an opportunity to respond to the NOI. Notice of Intent to Impose Disciplinary Action (NOI) – A written notice to an employee that disciplinary action is being considered and which contains a statement of the reason(s) why discipline is being considered, the type of offense, and an explanation of the evidence supporting the charges. Progressive Discipline – The process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. Suspension – Placing an employee, for disciplinary reasons, in a temporary status without duties and pay. A suspension is more severe than a written reprimand and is a step in the progressive disciplinary process. Page 1 of 9  Termination – Final step of progressive discipline, which can also be used when an employee’s behavior or performance is so egregious that the employee’s continued presence on the job could constitute negligence in regard to the City’s duties to the public and its employees. Verbal Reprimand – A verbal reprimand shall be defined as a discussion between the supervisor and the employee in which the employee is advised and cautioned about unsatisfactory work performance or misconduct. Verbal reprimands are not grievable and will not be placed in the employee’s personnel file. Written Reprimand – A written document, and a step in the progressive discipline process, to the employee from the supervisor where the employee is advised and cautioned about his/her unsatisfactory work performance or misconduct. III. APPLICABILITY All City employees within departments/agencies that are under the direction of the City Manager shall be covered under this policy. IV. POLICY The City of Chesapeake shall support the practice whereby all full-time and regular part-time employees shall be disciplined by the same process. Where appropriate, disciplinary actions of lesser severity than termination/dismissal shall be taken in an attempt to correct an employee’s unsatisfactory work performance or misconduct before termination/dismissal is initiated. A termination may be generally considered as appropriate only when a serious offense of the type outlined in this policy has occurred or when an employee’s unsatisfactory work performance or misconduct has continued in spite of progressive disciplinary efforts. Disciplinary action may take any of the following forms and is not necessarily restricted to the order set forth below: Written reprimand Suspension Demotion Termination All disciplinary actions are appealable through the grievance procedure, City Directive 2.07, for those eligible to use the grievance procedure. Unacceptable conduct has been divided into three types of offenses according to its seriousness. The severity of the discipline chosen by the supervisor must fit the seriousness of the offense. If there are mitigating circumstances, supervisors may reduce the discipline, but they must state their reasons for such action. Procedural steps for imposing discipline are set out in the Disciplinary Guide. The failure of a supervisor to follow these procedural steps will not, by itself, make the discipline invalid or improper, but an employee may separately grieve a supervisor’s failure to follow appropriate Page 2 of 9  procedure, provided that such grievance is filed timely. The sole remedy for such grievance shall be correction of the procedural error. V. TYPES OF OFFENSES A. GROUP I OFFENSES (Examples Only) Failure to uphold any of the City’s CARE (Courteous, Attentive, Responsive, and Empowered) standards. Incident of unsatisfactory attendance or tardiness. Incident of abuse of City time. Incident of obscene or abusive language. A moving traffic violation while using City vehicle or while engaging in official business for the City. Incident of inadequate or unsatisfactory job performance. B. GROUP II OFFENSES (Examples Only) Significant failure to uphold any of the City’s CARE (Courteous, Attentive, Responsive, and Empowered) standards. Violating safety rules where there is not a threat to life. Failure to follow supervisor’s instructions, perform assigned work, or otherwise comply with applicable established written policy. Leaving the work site without permission during working hours. Failure to report to work without proper notice to supervisor. Unauthorized use or misuse of City property or records. Unauthorized discussion or disclosure of information pertaining to an administrative investigation. C. GROUP III OFFENSES (Examples Only) Egregious or repeated failure to uphold any of the City’s CARE (Courteous, Attentive, Responsive, and Empowered) standards. Page 3 of 9 Absence in excess of three (3) working days without appropriate notice or satisfactory explanation. Use of alcohol or unlawful use or possession of controlled substances while working in an official capacity, on City premises, or operating City equipment. Refusal to take an employment-related drug or alcohol test or confirmed positive test for drugs and/or alcohol. Falsifying any records such as, but not limited to, vouchers, reports, insurance claims, time records, leave records, or other official City documents. Willfully or negligently damaging or defacing City records or City or other persons’ property. Theft or unauthorized removal of City records or City or other persons’ property. Acts of physical violence or fighting. Verbal threats, coercion, or any acts of violence directed toward persons associated with the City (to include employees, supervisors, citizens, visitors, etc.) Engaging in sexual activities while on the job or on City property. Violating safety rules where there is a threat of bodily harm. Sleeping during working hours. Making a material false statement on any forms associated with the job application process. Making deliberate false or misleading statements in any City investigation or in the conduct of City business. Participating in any kind of work slowdown, sit down, or similar concerted interference with City operations. Unauthorized possession or use of firearms, dangerous weapons, or explosives. Failure to meet applicable City Driving Standards. Criminal convictions for acts of conduct occurring on or off the job which are plainly related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the department’s duties to the public or to other City employees. Page 4 of 9  Failure to follow supervisors instructions when such failure poses critical problems to the operation of the department. Operating a City vehicle with a revoked operator’s permit. Any act of discrimination or harassment. VI. TYPES OF DISCIPLINARY ACTION A. WRITTEN REPRIMANDS 1. Reprimands are given for Group I and Group II offenses which are less severe in nature but which require correction in the interest of maintaining a productive and well managed workforce. 2. Written reprimands will be placed in the official personnel file in the Department of Human Resources. Written reprimands may be issued prior to suspension, but are not required prior to suspension. 3. Written reprimands shall be cumulative in nature. After an employee receives three (3) written reprimands, the supervisor should consider suspending the employee if the reprimands occurred within a time-frame that, in the supervisor’s discretion, is indicative of a continuing performance problem. Additional offenses after receiving three written reprimands will normally result in further progressive discipline. B. SUSPENSION 1. Standard Suspension a. Suspensions are g