§ 2-48. Fourth step: Panel hearing.

(a)

The provisions of this section shall constitute the fourth step of the grievance procedure.

(b)

If the reply from the third step is not acceptable to the grievant, he may submit the grievance to a fourth step panel hearing. The request for a fourth step panel hearing shall be indicated by the employee on Form B and submitted to the department head. A request for a panel hearing must be submitted within ten (10) working days of the third step reply. A copy of the request shall be sent to the town manager. The town manager shall then arrange for the panel selection and schedule the panel hearing.

(c)

A panel shall be selected in the following manner: One member shall be appointed by the grievant, one member shall be appointed by the department head and a third member shall be selected by the first two (2). To insure an objective panel, the grievant and any supervisor responding to the first three (3) steps of grievance may not serve on the panel. Panels chosen in compliance with these requirements shall be deemed to be impartial. In the event that agreement cannot be reached as to the final penal member, the judge of the circuit court of the county shall select such third panel member. Such panel shall not be composed of any persons having direct involvement with the grievance being held 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 and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: Spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of such an attorney shall serve as a panel member.

(d)

The third panel member as described in (c) above shall be chairperson of the panel. The full panel shall set the time for the hearing and notify the employee. The hearing shall be held no later than ten (10) working days after the date of the request. The grievant may have present, at the hearing, representatives of his choice. Copies of the grievance (Form A) shall be sent by the town to the panel members.

(e)

The majority decision of the panel shall be final and binding in all its determinations and shall be consistent with the provisions of the law and written policy. The panel has the responsibility to interpret the application of appropriate department policies and procedures in the case. It does not have the prerogative to formulate or to change policies or procedures. The conduct of the hearing shall be as follows:

(1)

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 the grievant, the hearing shall be private.

(2)

The panel may, at the beginning of the hearing, ask for statements clarifying the issues involved.

(3)

Exhibits, when offered by the grievant or the agency, may be received in evidence by the panel, and when so received, shall be marked and made part of the record.

(4)

The town, then the grievant, or their representatives, shall then present their claims and proofs and witnesses who shall submit to questions or other examination. Representatives of the town and grievant may examine and cross-examine witnesses and evidence presented without being in violation of Section 54-44 of the Code of Virginia binding in all its determinations and shall be consistent with the provisions of law and written policies. 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 proofs.

(5)

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. The panel shall be the judge of the relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties.

(6)

The panel chairman shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed.

(7)

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.

(f)

The decision shall be filed, in writing, by the panel chairman, with the department head, not later than fifteen (15) full working days after the completion of the hearing. The decision shall be made in the format appearing in the forms at the end of this article.

(g)

Panel decision.

(1)

Copies of the decision shall be transmitted to the town manager and the police chief as applicable, the employee and the employee's immediate supervisor.

(2)

The town manager and/or the chief of police shall implement any remedy to the extent that it is consistent with the provisions of law and written policy. If either party believes the decision to be inconsistent with those provisions, he shall inform the panel and the other party within five (5) days of receipt of the decision.

(h)

Reconsideration. The grievant or the town may request the panel reconsider the decision for one of the reasons:

(1)

Based on the facts.

(2)

Consistence with law and written policy.

If a written request to reconsider the panel decision is submitted by either party within five (5) working days of receipt of the decision, the panel, by majority vote, may elect to review its decision and/or reopen the hearing for good cause shown.

(i)

The parties to the grievance, by mutual agreement, or the panel chairman, may extend any or all of the time periods established in this section.

(j)

Either party may petition the circuit court of Westmoreland County for an order requiring implementation of the decision of the panel.

(Ord. No. 152B, § 7; Res. of 1-9-86; Ord. of 239)

(Ord. No. 152B, § 7; Res. of 1-9-86; Ord. of 239)