Article XIII. Officers and Employees Generally.[81]
Sec. 2-179. Officers elected by council; term; vacancies.[82]
There may be elected by the city council such officers and clerks
as the city council deems proper and necessary and any one or
more of the offices may be held and exercised by the same person.
Unless otherwise specially provided, every municipal officer
elected by the city council shall hold his office for a term of two
years and be removable at the will of the city council. The term of
all officers so elected shall commence as soon as they have
qualified and given bond as required. Vacancies occurring in such
offices shall be filled by the city council as soon as practicable. All
persons elected to fill a vacancy shall hold office only during the
unexpired term of the office in which such vacancy occurs. Any
officer elected by the city council shall hold office until his
successor shall have been elected and shall have qualified and
given bond unless he be sooner removed. (Code 1959, § 2-179.)
Sec. 2-180. Authority of officers appointed by council.[83]
The officers of the city elected or appointed by the city council
shall, during the time they are in office, have all the power and
authority of like officers of the state under its general laws,
unless the same be abridged or restricted by the city council.
(Code 1959, § 2-180.)
Sec. 2-181. Compensation fixed by council; traveling expenses;
officers in arrears or default.[84]
The salaries of all officers who shall receive stated
compensation for their services from the city shall be fixed by the
city council except as otherwise provided. They shall be paid their
reasonable traveling expenses when the duties of their offices
require their attendance out of the city. No payment shall be
made to any officer who is in arrears to the city or in default in
rendering any account or report required of him. (Code 1959, §
2-181.)
Sec. 2-181.1. Repealed by Ordinance adopted July 1, 1974.
Sec. 2-182. Appointment of substitute during inability to
serve.
If any officer elected by the city council is at any time unable,
by reason of sickness or other unavoidable cause, to discharge the
duties of his office, he may, in writing, appoint a substitute to act
for him during such inability and he and his sureties shall be liable
for the conduct of such substitute while in office. No such
appointment shall be valid until ratified by the city council and
approved in writing by the surety on such officer's bond. Nothing
herein shall be construed to affect the right of the mayor to
remove any officer appointed by the city council. (Code 1959, §
2-182.)
Sec. 2-183. Removal by mayor or council.[85]
For malfeasance, misfeasance, neglect of duty, incapacity
or any other good cause, the mayor or city council may remove
from office any officer elected or appointed by the city
council. (Code 1959, § 2-183.)
Sec. 2-184. Salary of suspended officer.
Any officer who shall be suspended by the mayor or city
council shall forfeit his salary from the day of his suspension
until he is reinstated or discharged and shall only receive
the pro rata part of his pay for the time he may have actually
served; provided, that if the suspension is not sustained, the
officer so suspended shall receive his pay in full, as if no
suspension had occurred. (Code 1959, § 2-184.)
Sec. 2-185. Absence from city of superintendents of
departments.[86]
The superintendents of such departments as require the regular
employment or working of a force of hands shall not be absent
from the city without the consent of the city manager. (Code 1959,
§ 2-185.)
Sec. 2-186. Bonds.[87]
All city employees and officials shall give bond to the city, with
corporate surety to be approved by the finance committee of the
city council, conditioned so as to secure the faithful performance
of their duties to the city. The penalties of such bonds shall be as
follows:
| City treasurer |
$40,000.00 |
| Purchasing agent |
10,000.00 |
| Director of finance and clerk of the council |
10,000.00 |
| City manager |
10,000.00 |
| All other officials and employees of the city, each |
5,000.00 |
The premium on all such bonds shall be paid by the city. (Code
1959, § 2-186; 8-19-68.)
Sec. 2-187. Same—Failure to give.
Any person elected or appointed to any office who shall, for ten
days after the beginning of the term for which he was elected or
appointed, neglect to give such bond and security as may be
required of him, shall thereby vacate his office. (Code 1959, §
2-187.)
Sec. 2-188. Same — Report by finance committee; bonds filed
with clerk of the council.
The finance committee of the city council shall report to the
city council all official bonds given as required by sections 2-186
and 2-187 for entry upon its journal. The bonds shall be filed in
the office of the clerk of the city council. (Code 1959, § 2-188.)
Sec. 2-189. Reports to city manager.
All superintendents of departments, officers and employees are
directed to make such reports and furnish such information upon
the affairs of their departments or offices as may be required by
the city manager. (Code 1959, § 2-189.)
Sec. 2-189.1. Legal holidays.
In each year, the first day of January (New Year's Day), the
third Monday in January (Lee-Jackson Day), the third Monday in
February (George Washington's Birthday), the thirteenth day of
April (Jefferson's Birthday), the last Monday in May (Confederate
Memorial Day), the fourth day of July (Independence
Day), the first Monday in September (Labor Day), the eleventh
day of November (Veterans' Day), the fourth Thursday in November
(Thanksgiving Day), the twenty-fifth day of December
(Christmas Day), or whenever any of such days shall fall on
Saturday, the preceding Friday shall be a legal holiday and
whenever such days shall fall on Sunday, the Monday next following
such day shall be a legal holiday. (1-4-71; 8-20-73.)
Sec. 2-189.2. Creation of personnel department.
There shall be a department of personnel which shall consist of
a director of personnel, a personnel appeals board and such
employees as may be authorized from time to time. (7-1-74, § 1.)
Sec. 2-189.3. Director of personnel.
The director of personnel shall be appointed by, and at the
pleasure of the city manager. He shall be chosen on the basis of
his general executive and administrative ability and experience,
with due regard for his education, training and experience in
personnel management. The director shall appoint the employees
of the department, and shall have general management and
control over them. He shall be responsible for the formulation and
administration of the personnel policies of the city. He shall serve
ex officio as the secretary of the personnel appeals board but shall
have no vote thereon. (7-1-74, § 1.)
Sec. 2-189.4. Personnel appeals board—Generally.
There is hereby created a personnel appeals board which shall
consist of three persons who are not employees of the city who
shall be appointed by the council. Of those first appointed one
shall be appointed to serve for one year, one for two years, and
one for three years. Thereafter, members shall be appointed for
the full term of three years. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. The
board shall annually choose one of its members to act as
chairman. Two members of the board shall constitute a
quorum. The members of the board shall serve without
compensation. No member of the board shall serve more than two
consecutive full terms; provided, that members initially
appointed to lesser terms or appointed to fill unexpired terms
may thereafter serve two full terms. (7-1-74, § 1.)
Sec. 2-189.5. Same—Powers and duties; appeals by employees
to board.
The personnel appeals board shall constitute the final authority
to rule upon grievances filed by employees under the grievance
procedure promulgated pursuant to section 2-189.10.
In addition any city officer or employee subject to appointment
by an appointee of the city council or of the city manager shall
have an appeal of right to the board from any administrative
action suspending such employee for more than five consecutive
work days, reducing such employee in rank or pay, changing the
classification of such employee adversely, or removing or
discharging such employee, which types of personnel actions are
not considered to be subject to the aforementioned grievance
procedures. Such appeals shall be made within ten calendar days
after the exhaustion of all administrative remedies available to
such employee; provided, however, that such an appeal shall not
be available to heads of city departments or non-clerical
employees in the office of the city manager.
Within ten working days of receipt of notice of such an appeal
the board shall convene a hearing which may be in public or in
executive session at the option of the appellant and at which the
appellant may be represented by legal counsel or by some other
person of his own choosing. The city may be represented by
counsel or by the head of the department in which the appellant
employee is employed. As soon as practicable after such hearing
the board shall report in writing its findings and
recommendations to the city manager, which findings and
recommendations are to be merely advisory and in no way
mandatory or binding upon the city manager. (7-1-74, § 1.)
Sec. 2-189.6. Employee classification plan.
A classification plan shall be recommended by the director of
personnel and approved by the city manager. It shall set forth
titles, duties and specifications for the various kinds of work
performed by employees of the city. Changes in the classification
plan may be recommended from time to time by the director of
personnel and shall take effect when approved by the city
manager. The class titles set forth in the classification plan shall
be used to designate such positions in all official records,
documents, vouchers and communications, and no person shall be
appointed to or employed in a position within the city service
under any class title which has not been recommended by the
director of personnel and approved by the city manager as
appropriate to the duties to be performed. (7-1-74, § 1.)
Sec. 2-189.7. Employee pay plan—Generally.
There shall be a pay plan consisting of a salary range for each
class of positions in the classification plan, which shall provide for
increments within such range to be earned by length of service
and satisfactory performance. Each class of positions shall be
allocated to a salary range with due regard to the salary ranges
for other classes and to the relative difficulty and responsibility
of characteristic duties of positions in the class, the desirable
qualifications, the prevailing rates paid within the effective
recruiting area, and any other factors that have a bearing on the
adequacy and fairness of the range. The pay plan shall be
submitted to city council by the city manager for review and
approval. (7-1-74, § 1.)
Sec. 2-189.8. Same—Changes.
The director of personnel shall constantly review the pay
ranges of classifications within the pay plan and, when
necessary, make recommendations for changes to the city
manager. The ranges of pay for each class of positions may be
changed by the city manager upon such recommendation of the
director of personnel, provided appropriate funds are available
for any increases in the ranges, and provided further, that no
more than five percent of the total authorized positions are
affected by any single action. Any amendment or revision of the
pay plan which exceeds the foregoing limitation shall be
transmitted to the council for approval. (7-1-74, § 1.)
Sec. 2-189.9. Same—Interpretation.
The director of personnel shall be responsible for interpreting
and applying the pay plan to pay questions or problems which are
not specifically addressed by the pay plan. (7-1-74, § 1.)
Sec. 2-189.10. Administrative personnel regulations.
The director of personnel shall prepare and recommend to the
city manager a grievance procedure and such other
administrative regulations as he may consider necessary to carry
out the provisions of sections 2-189.2 to 2-189.11 and to provide
systematic and equitable handling of the personnel affairs of the
city. Before recommending any such regulations to the city
manager the director of personnel shall cause copies of the same
to be posted in a conspicuous place in city hall and in such other
locations as are reasonably calculated to inform all city employees
of the provisions of the proposed regulations. There shall be
attached to such posted copies a notice setting forth the time and
place at which the director of personnel shall conduct a public
hearing at which any city employee may appear to be heard for or
against such regulations. Such notice shall be posted not less than
five working days prior to such hearing. Following such hearing
the director of personnel shall submit such amendments or
revisions thereto as he shall deem necessary to the city manager
for final approval or disapproval. Upon approval by the city
manager such regulations shall be in force until amended or
rescinded by the foregoing process. (7-1-74, § 1.)
Sec. 2-189.11. Equal employment opportunity.
The City of Charlottesville shall maintain and promote equal
employment opportunity. Appointments, tenure and promotions
shall be based upon fitness and performance without regard to
sex, race, religion, national origin, political affiliation or other
non-job related factors. (7-1-74, § 1.)
