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04-01-2015 Special MeetingSPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF APRIL IN THE YEAR TWO THOUSAND AND FIFTHTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Alphin called the special meeting to order at 9:00 a.m. for the purpose of presenting the proposed Operating and Capital Budget and related Ordinance/resolutions and the following matters not considered at the Board's regular meeting of March 19, 2015 under the County Administrator's section of the agenda: Item (A), Resolution to Adopt Chapter 1; Item (B), Legislative Update; Item (D), Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital Purposes; and, a public hearing associated with the Resolution to Authorize the Conveyance of Property to the VDOT located in Carrsville relative to VDOT's new bridge construction project. APPROVAL OF AGENDA There being no revisions offered, Supervisor Casteen moved that the agenda be adopted. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Casteen and Jefferson voting in favor of the motion; Supervisor Darden absent for the vote and no Supervisors voting against the motion. A Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.14 and Amend Chapter 1: Personnel, Article VI, Section 6.4, Chapter 1: Personnel, Article VII and Article VIII of the County Personnel Policy was introduced by Mary Beth Johnson, Director of Human Resources. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE V, SECTION 5.14 AND AMEND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.4, CHAPTER 1: PERSONNEL, ARTICLE VII AND ARTICLE VIII OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of paid leave types for employees and desires to adopt a new additional employee paid leave type of Recognition Leave under Chapter 1: Personnel, Article V, Section 5.14 of the County Policy Manual; and WHEREAS, the County has established guidelines regarding the provision of the Virginia Retirement System benefit, disciplinary policy and procedures, and grievance policy and procedures under Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual to clarify the provisions, guidelines, rules and procedures for the provision of Virginia Retirement System participation, discipline, and grievances; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Section 5.14 is adopted and Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, April 1, 2015) Section 5.14 (Adopted April 1, 2015) Recognition Leave All personnel are eligible to receive leave hours for the purpose of such instances as the recognition of service to the County, in conjunction with the promotion of or participation in safety, health, or wellness initiatives, or for any other purpose approved by the County Administrator. Recognition leave is intended to provide employees paid leave separate and apart from his/her other available paid leave types. For the purpose of the recognition of five years of service milestones with the County, the following schedule will apply: Years of Service Number of Recognition Leave Hours Awarded 5 4 10 8 15 12 20 16 2 25 20 <30 24 Recognition leave is non -cumulative, must be taken within 90 calendar days of it being granted, and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition leave hours must be scheduled and approved in advance by the employee's immediate supervisor. Recognition leave shall be granted to an employee for a specific purpose by the Human Resources Department upon approval of the County Administrator or his/her designee. The Human Resources Department shall inform the employee's department director that such recognition leave has been granted. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, April 1, 2015) Section 6.4 (Revised December 15, 2005, October 4, 2007, April 1, 2015) Virginia Retirement System The County shall provide membership in the Virginia Retirement System (VRS) in the appropriate state retirement plan for all employees who are eligible under the rules and regulations of the system. Employees are required to contribute to the applicable plan in which they are enrolled and the County pays the employer contribution on behalf of the employee, which varies based on the applicable plan. Pr-avides an empleyee with retirement benefits if the empleyee is at least 50 year -s old and has at least fiN,e (5) ye of eentr-ibutions in the NIRS. The amount of r-etirement benefits vafies ba on faetefs sueh as years ef eevefed s_e.­,'.i-__e, uffn fetirement, and salai-j- The County pays the full eost of e VRSS eontribution en the empleye behalfl. ARTICLE VII Disciplinary Policy (Revised February 2, 2006, April 1, 2015) Section 7.0 (Revised February 2, 2006, April 1, 2015) Disciplinary Policy There is an exemplary standard of conduct expected of each employee of the I County. It is generally interpreted to mean that an employee will conduct himself/herself in a manner compatible with public service. It is also the responsibility of the employee to perform his/her duties to the best of his/her ability and to the standards set forth in the job description. County employees also have the duty and responsibility to be aware of and abide by existing policies, procedures, rules and regulations. No employee shall be disciplined for political or religious reasons or for any other unlawful cause. Where practical, the County's disciplinary procedure shall be progressive in nature. Supervisor Responsibility The immediate supervisor must approach corrective measures in an objective manner. If the employee's performance of an assigned task is the issue, the Supervisor should generally look to see that proper instructions, appropriate orientation, and training have been given and that the employee is aware of job expectations. Not only single incidents, but also patterns of poor performance should be of concern as these are indicative of overall performance. If misconduct is the issue, the supervisor should take steps to insure the employee has been made aware of the County's policies and regulations regarding the infraction. Disciplinary actions should also include a plan for correction that is clearly communicated with the employee. Section 7.1 Purpose The purpose of this disciplinary policy is to provide 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. Section 7.2 (Revised April 1, 2015) Definitions Vefl34 Oral Reprimand - A vefbal oral reprimand shall be defined as a discussion between the supervisor and the employee where the employee is advised and cautioned about his/her unsatisfactory work performance or misconduct. In order to officially be recorded as an oral reprimand, the oral reprimand shall be documented on the County's Employee Corrective Action Form and placed in the employee's personnel file. Oral reprimands are not grievable. No oral reprimand shall be given without prior approval by the department of Human Resources. Written Reprimand - A written reprimand shall be defined as a—written documentation to the employee from the supervisor wherein the employee is advised and cautioned about his/her work performance or misconduct. The written reprimand shall be documented on the County's Employee Corrective P. Action Form and placed in the employee's personnel file. No written reprimand shall be given without prior approval by the department of Human Resources. Suspension - A suspension shall be defined as t4e temper-ai=y temporarily prohibiting an employee of the empleyee from performing his/her duties as a result of the employee's unsatisfactory work performance or misconduct. An employee may be suspended without pay for a period not to exceed 15 workdays with the approval of the department of Human Resources. The suspension period shall be without pay. With the approval of the County Administrator, an employee may be suspended for a longer period. The suspension shall be documented on the County's Employee Corrective Action Form and placed in the employee's personnel file. No suspension shall be given without prior approval by the department of Human Resources. Disciplinary Demotion - A disciplinary demotion shall be defined as a responsibili The reassignment of an employee to a lower pay grade. An employee who receives a disciplinary demotion shall receive a decrease in salary with the approval of the department of Human Resources. The disciplinary demotion shall be documented on the County's Employee Corrective Action Form and placed in the employee's personnel file. No demotion shall be valid without prior approval by the department of Human Resources. Dismissal - A dismissal shall be defined as an involuntary separation from employment initiated by the County employing authofity as a result of the employee's unsatisfactory work performance or misconduct. The dismissal shall be documented on the County's Employee Corrective Action Form or in some other approved written manner and placed in the employee's personnel file. No dismissal shall be valid without the prior approval by the department of Human Resources. Section 7.3 Applicability All employees within departments which are a part of the classified service shall be covered Linder this policy. All levels of supervision shall be responsible for the uniform orientation of employees regarding this policy and its fair and equal enforcement. Section 7.4 (Revised April 1, 2015) Policy The County supports the use of progressive discipline to address conduct issues such as poor work performance or misconduct and to encourage 5 employees to become more productive workers and meet County standards and expectations. The County reserves the right to administer appropriate disciplinary action for all forms of disruptive and/or inappropriate behavior. Each situation will be dealt with on an individual basis. The County has established general guidelines to govern the conduct of its employees. No list of rules can include all instances of conduct that can result in discipline and the examples below do not replace sound judgment or common sense behavior. Examples of employee conduct that would lead to discipline and the usual course of disciplinary action have been separated into three groups, according to the severity and impact of the infraction. Violations may warrant differing levels of discipline depending on the level of seriousness. The severity of the discipline chosen by the supervisor must be proportionate to the seriousness of the offense. The County always reserves the right to determine the appropriate level of disciplinary action, including but not limited to disciplinary demotion, oral and written warnings reprimands, suspension, and diseharge dismissal. For inadequate or unsatisfactory job performance, the supervisor may, with approval of the County Administrator, place an employee on probationary status. In the event the employee has not achieved satisfactory performance by the end of the probationary period, he/she may be discharged in accordance with the provisions of Section 4.9. Below are some examples of offenses that may lead to disciplinary action. The list is not meant to be all-inclusive or in any way limit the County's ability to take disciplinary action for offenses not included on this list. First Group Offenses (Examples Only) • Unsatisfactory attendance or tardiness; • Abuse of County time, such as: o Unauthorized time away from work area; or a Failure to notify supervisor promptly of completion of assigned work o Abusing laneh meal periods • Obscene or abusive language; • Contributing to unsanitary or unsafe conditions • Violating the chain of command as described in Article VIII concerning issues arising in the workplace Second Group Offenses (Examples Only) • Failure to follow supervisor's instructions, perform assigned were duties timely, correctly, competently, or at an adequate level of production or otherwise comply with applicable established written M policy; • Insubordination; • Incompetency or inefficiency; • Leaving the work area without proper notice to supervisor; • Unauthorized use or misuse of County property or records; • A moving traffic violation while using County vehicles; ® Violating safety rules where there is not a threat to life; Third Group Offenses (Examples Only) • Absence or leave in excess of three (3) work days without a satisfactory explanation; • Use of alcohol or unlawful use or possession of controlled substances while on the job, or reporting to work when under the influence of alcohol or controlled substances; • Falsifying any records such as, but not limited to: vouchers, reports, insurance claims, time records, leave records, or other official records; • Willfully or negligently damaging or defacing County records or County or employee property; • Theft or unauthorized removal of County records or County or employee property; • Acts of physical violence or fighting; • Engaging in sexual activities while on the job or on County property; * Violating safety rules where there is a threat to life; • Sleeping during working hours; • Willful dereliction of duty Participating in any kind of work slowdown, sit down, or similar concerted interference with County operations; • Unauthorized possession or use of firearms, dangerous weapons or explosives; • Threatening or coercing employees or supervisory personnel; it • Criminal convictions for acts of conduct occurring on or off the job which are 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 County employees; Violations of the County's Non -Discrimination and Anti -Harassment Policy; Demonstrating insubordination, including but not limited to: a Refusal to do an assigned job o Refusal to work overtime when required o Refusal to accept holiday work when assigned o Intentional delay in carrying out an assignment Supervisors may account for mitigating circumstances in determining discipline, but they must document any such mitigating circumstances in writing. All disciplinary actions, with the exception of verbal oral reprimand, are appealable through the grievance procedure. Procedural steps for imposing discipline are set forth on the following pages. The failure of a supervisor to follow these procedural steps will not, of itself, render the discipline invalid or improper. However, the supervisor's failure to follow the procedure may be separately grieved by an employee and may be included in an evaluation of the supervisor's job performance. Section 7.5 (Revised April 1, 2015) Reprimands Reprimands are given for offenses which are less severe in nature but which require correction in the interest of maintaining a productive and well- managed work force. The form of the reprimand may be either vefbal oral or written. a. A supervisor should first discuss the offense with the employee and advise him/her of the need for correction. If the situation is not corrected, the employee should be given an Employee Corrective Action Notice designating the reprimand as either an Oral or Written Reprimand and emphasizing the need for correcting his/her behavior. the need for eeffeeting his/her behavief. b. No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy forwarded to the 8 Human Resources Department for inclusion in the employee's official personnel file, C. Once a reprimand is reduced to writing, as provided above, a copy shall be hand delivered and signed "received" by the employee or mailed to the employee by certified mail (return receipt requested) if hand - delivery is not practical. d. Wraen Reprimands shall be cumulative in nature and shall remain on file. After- three(3) reprimands, the supefvisaf should suspend the employee. Sueh suspension shall not exceed three (3) workdays. A fourth wr-itten feprimand will nofmally result in termination. Prior to suspending er- dismissing an empleyee, the depat4ment direetef of supefviSOF MUSt! b. Give the empleyee a reasonable amount of time to r-espefi4-, Section 7.6 (Revised April 1, 2015) Suspensions Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work performance or misconduct, which continues after discipline has been imposed. Corrective action for these offenses include a meeting between the employee and the Supervisor, if possible, prior to the suspension being imposed, a written notice including the items listed below and suspension without pay. Employees may not be suspended in excess of five fifteen (5 15) work days for an offense of this nature. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem and provide the employee an opportunity to respond in written form by the close of the next business day; I ............ M Section 7.6 (Revised April 1, 2015) Suspensions Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work performance or misconduct, which continues after discipline has been imposed. Corrective action for these offenses include a meeting between the employee and the Supervisor, if possible, prior to the suspension being imposed, a written notice including the items listed below and suspension without pay. Employees may not be suspended in excess of five fifteen (5 15) work days for an offense of this nature. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem and provide the employee an opportunity to respond in written form by the close of the next business day; I b. Review the employee's responses and any available information regarding the problem; and C. Prepare a written statement of the problem, the employee's response, a summary of findings, action being taken, a warning to what further disciplinary action could result if the situation is not corrected and a statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. A written notice of suspension shall be hand delivered and signed received or mailed certified mail (return receipt requested) to the employee. The items listed below shall be included in the written notice: a. A statement of the reason(s) for the suspension; b. A warning of what further disciplinary action could result, if the situation is not corrected; c. A statement of the employee's response to the reasons for the suspension as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the suspension being imposed, the reason that a meeting could not take place should be stated in the letter. d. A statement of the employee's right to appeal (if any) in accordance with the County's grievance procedure. A copy of such written notice shall be forwarded to the Human Resources Department for inclusion in the employee's official personnel file. An additional off-eflse fequiring a suspension will normally fesult in teffninafion-. A single sas ...... .. ---Pled with three reprimands in the employee's file wi44 also norm -Ally result in termination. Section 7.7 (Revised April 1, 201 S) Disciplinary Demotion Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination in second or third group offenses, or in cases of continued commission of first group offenses after discipline has been imposed. a. An effort should be made by the supervisor to meet with the employee prior to imposing the demotion. The employee should be given the opportunity to respond to the reasons for the proposed action. 10 b. A written notice of the demotion shall be hand delivered or mailed to the employee by certified mail (return receipt requested). The items listed below shall be included in the written notice. A statement of reasons for the demotion; 2. In cases where the demotion is not voluntary, a warning of what further disciplinary action could result, if the situation is not corrected; 3. A statement of the employee's response to the reasons for the demotion as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the demotion, the reason that a meeting could not take place should be stated. 4. A statement of employee's right to appeal (if any) in accordance with the County's grievance policy, unless the demotion is voluntary. c. A copy of such written notice shall be forwarded to the Human Resources Department for inclusion in the employee's official personnel file. d. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower -ranked position or if the demotion would require the displacement of another employee. Section 7.8 Dismissal An employee is dismissed for acts and behavior of such a serious nature that a first occurrence should normally warrant termination and for unsatisfactory performance or misconduct of a less serious nature which continues after discipline has been imposed for prior poor work performance or misconduct. An effort should be made by the supervisor to meet with the employee prior to the dismissal. The employee should be given the opportunity to respond to the reason(s) for the proposed action. A written notice shall be hand delivered or mailed certified mail (return receipt requested) to the employee if hand -delivery is not practical. The items below shall be included in the written notice. 1. A statement of the reason(s) for dismissal; 2. A statement of the employee's response to the reasons for the dismissal as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the dismissal, the reason that a meeting could not take place should be stated in the letter; 3. A statement of the employee's right to appeal (if any), in accordance with the County's grievance policy. A copy of such written notice shall be forwarded to the County AdniinistFator-'s office Human Resources Department for inclusion in the employee's official personnel file. Section 7.9 (Revised April 1, 2015) A4d4iq*q4 Non -Disciplinary Suspension Provisions In addition to the suspensions provided for in the preceding pages, Suspensions with or without pay may occur for the following reasons, subject to the limitations noted. b. Immediate Suspension Nothing in this policy shall prevent the immediate suspension with Pay of an employee whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the employee's department or to the welfare of the public, or where such continued presence could constitute negligence in regard to the department's duties to the public or to other County employees. Such suspension may be imposed in any of the these lfe-14-awing situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. C. Suspension Pending Court Action or Official Investigation An immediate suspension with pay shall be warranted where there is a criminal prosecution or official investigation involving alleged criminal violations that occur on or off the job and are related to job 12 WNW% =QQA b. Immediate Suspension Nothing in this policy shall prevent the immediate suspension with Pay of an employee whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the employee's department or to the welfare of the public, or where such continued presence could constitute negligence in regard to the department's duties to the public or to other County employees. Such suspension may be imposed in any of the these lfe-14-awing situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. C. Suspension Pending Court Action or Official Investigation An immediate suspension with pay shall be warranted where there is a criminal prosecution or official investigation involving alleged criminal violations that occur on or off the job and are related to job 12 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 and to other County employees. Upon completion of such court action or official investigation, the employee may be disciplined or removed or may be reinstated. The County Administrator shall not be bound by the outcome of court action or official investigation but may refer to such outcome and the findings in making a final decision. (Official investigation shall be interpreted to include only those investigations conducted by Federal, State or local government law enforcement agencies.) d. Suspension Pending Department Disciplinary Investigation An immediate suspension with pay may be imposed pending completion of a disciplinary investigation into misconduct or violation of established work rules; provided, however, that before such a suspension is imposed the department director must find that the employee's continued presence on the job would present a substantial and immediate threat to the welfare of the department or the public, or that it could constitute negligence on the part of the County in regard to the department's duties to the public or to other County employees. Sueh suspension shall not exeeed to (10) wei:k days in length. Such suspension may be imposed in any of these situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee, Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. If the employee is cleared of any such alleged violations, the employee shall be reinstated. Where tie finding of el tie or- decision E)r- diseiplinafy aetien eecufs within ten (10) werk days, the employee shall be permitted to r-eturn to wefk pending a final deeisie4+. Section 7.10 Mitigating Circumstances Mitigating circumstances include those conditions related to a given offense that would serve to support a reduction or corrective action in the interest of fairness and objectivity. Mitigating circumstances may also include consideration of an employee's length of service with a history of satisfactory work performance. IN Section 7.11 Not All Inclusive The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which, in the judgment of the department director, although not listed, seriously undermines the effectiveness of the agency's activities or the employee's performance, should be treated consistent with provisions of this policy. A record of such offenses must be filed with the Director of Human Resources and County Administrator. Section 7.12 Right to Grieve Disciplinary Action All regular full-time and regular part-time employees in the classified service, who have completed their probationary period, may grieve disciplinary actions in accordance with the grievance procedure in Article VIII. ARTICLE VIII Grievance Procedure (Revised June 14, 2007, April 1, 201 S) Section 8.0 (Revised April 1, 201 S) Policy Isle of Wight County desires to resolve employee grievances fairly and promptly. Employees are encouraged to freely discuss their concerns with immediate supervisors and upper management levels when disagreements or dissatisfactions arise. The County shall strive for equitable treatment of all employees and by doing so attempt to alleviate the occurrence of grievances. Most issues may be resolved through discussion, but alternatives are necessary when discussion is not effective. Section 8.1 (Revised April 1, 201 S) Purpose The purpose of a the County's grievance procedure is to establish an objective and fair method of resolving an employee's complaint or dispute concerning his/her employment with the County by allowing employees to bring their concerns to upper levels of management. All problems, complaints or disputes, even of a minor nature, should be resolved with the least amount of delay. It is the County's intent that this policy comply fully with state law. In cases of conflict, the laws of the Commonwealth of Virginia shall govern. Questions concerning the grievance procedure should be directed to the Human Resources Department. 14 Section 8.2 (Revised April 1, 2015) Unless otherwise provided by law, all non -probationary local government perfflanen regular full-time and part-time employees are eligible to file grievances with the following exceptions: a. Appointees of elected groups or officials; b. Officials and employees who by statute, ordinance or other law serve at the will or pleasure of the Board of Supervisors; c. Deputies and executive assistants of the County Administrator; d. Agency, --ef department heads, ef chief executive officers, or Assistant County Attorneys of County operations; e. Employees whose terms of employment are limited by law; f. Temporary, limited term and seasonal employees; g. Law enforcement officers as defined in Chapter 10.0 (Section 2.1- 116.1 et seq.) of Title 2.1 of the Code of Virginia whose grievance is subject to the provisions of Chapter 10.0 and who have elected to proceed pursuant to the provisions in the resolution of their grievance, or any other employee electing to proceed pursuant to any other existing procedure in the resolution of his/her grievance; h. Firefighter and Emergency Medical Technicians who elect to proceed under the Firefighter and Emergency Medical Technicians Procedural Guarantee Act, section 9.1-500 et seq. (sometimes known as the firefighter's bill of rights); i. Members of boards and commissions; j. Volunteers; k. Constitutional Officers; 1. Consultants and legal counsel rendering professional services; m. Probationary employees; n. Individuals whose employment with the county has been terminated as a result of resignation, reduction in force, or retirement. 15 Notwithstanding the exceptions set forth above, the County, at its sole discretion, may voluntarily include employees in any of the excepted categories within the coverage of their grievance procedures. Section 8.3 (Revised April 1, 2015) A. Definition of Grievance A grievance shall be defined as a complaint or dispute by an employee relating to his/her employment, but not necessarily limited to the following grievable issues: (1) The disciplinary actions of written reprimand, disciplinary demotions, dismissals, and suspensions; (2) Concerns regarding the application, meaning, or interpretation of personnel policies, procedures, rules, and regulations; (3) Discrimination in any employment practice based on the employee's race, color, creed, sex, age, religion, national origin, disability or political affiliation; (4) Acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth of Virginia, has reported a 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. 16 . . . ....... . WE I ....... .... . . ..... I :,Illl I MMI, L MOT (1) The disciplinary actions of written reprimand, disciplinary demotions, dismissals, and suspensions; (2) Concerns regarding the application, meaning, or interpretation of personnel policies, procedures, rules, and regulations; (3) Discrimination in any employment practice based on the employee's race, color, creed, sex, age, religion, national origin, disability or political affiliation; (4) Acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth of Virginia, has reported a 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. 16 B. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government. Accordingly the following complaints are not grievable under this procedure: a. Establishment and revision of wages or salaries, positions, elassifie a4io job titles or general benefits; b. Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content; c. Contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; d. Failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; e. The methods, means and personnel by which work activities are to be carried on; f. Exeeptwhere sueh aetions affect an empleyee whe has bee reinstated within the pr-evieus six inenths as the result of the fi*9 determination of a grievance, teffflination, layeff-, demetion, or suspension f+om duties beeause of lack of wer-k, redaftti— wofk ferEe E)f job abelitie-r�--,—Termination, demotion or suspension from duties because of lack of work, reduction in workforce, or job abolition., except where such action affects an employee who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action shall be upheld upon a showing that: (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action; g. The hiring, promotion, transfer, assignment and retention of employees within the County; h. The relief of employees from duties of the County in emergencies. i. Counseling memoranda and manners of providing supervisory directions; j. Performance evaluations; 17 k, Oral reprimands. In any grievance brought under the exception to provision (f) of this subsection, the action shall be upheld upon a showing by the County that: I . There was a valid business reason for the action; and 2. The employee was notified of the reason in writing prior to the effective date of the action. Section 8.4 (Revised June 14, 2007, April 1, 201 S) Grievance Procedure Most employee concerns or complaints can be resolved informally through communications between the employee and his/her supervisor. Accordingly, employees are encouraged to take their complaints to their immediate supervisor and then to upper management levels to seek a solution. Employees are also encouraged to pursue grievable issues through the grievance procedure. . .... . ..... . . ........ ....... ........... . ............. . ...... W P-7-TEr"IMM crrw. mmvmr. . .......... .. W. ......... ................. — ...... . ..... .,raw III 11110 .44 . ...... IM310931. �-= WITY2. .............. W�a . .................. the County i Administra F at —Step 2) and appropriate witness(es) may be present-. In addition, the County Attorney or his/her- designee shall be present f0f Steps 1 and 2, but only for- obserwation purposes. At Step 3, the grieva ma), have a representative present and, lf t1he grievant is represented by legal eounsel counsel at Step at Step 3, 3. then the Count), may also be represented I—I I --- I (a) The procedure for a grievance includes the following steps: (1) Step 1. An employee who has a complaint shall discuss the problem directly with the employee's immediate supervisor within twenty (20) calendar days of the date the employee should have reasonably gained knowledge of the event giving rise to the complaint. The employee is not required to present the complaint in writing at this step. A verbal reply by the supervisor shall be made within five (5) business days following the meeting. Failure on the part of the employee to initiate the action required within the time 19 stated herein shall terminate the employee's right to initiate a grievance on that issue. (2) Step 2. If the complaint is not resolved after the first step, the employee may submit in writing the complaint to the employee's immediate supervisor within five (5) business days of the supervisor's verbal reply in step 1. The complaint shall be made using the "Grievance/Remedy Form" available from the department of human resources. The immediate supervisor shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department director and the department of human resources. If the County Administrator or the County Administrator's designee is the immediate supervisor, steps 2, 3 and 4 are consolidated into one step. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (3) Step 3. If the complaint is not resolved in step 2, the employee may appeal the decision of the supervisor to the department director by forwarding the "Grievance/Remedy Form" to the department director within five (5) business days of receipt of the immediate supervisor's written response in step 2. The department director shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department of human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (4) Step 4. If the complaint is not resolved at step 3, the employee may appeal the decision of the department director by forwarding the "Grievance/Remedy Form" to the County Administrator or County Administrator's designee within five (5) business days of the department director's response. Within five (5) business days of its receipt, the County Administrator or County Administrator's designee shall meet with the grievant and the department director together, to discuss the grievance. The County Administrator or County Administrator's designee shall reply to the grievant on the "Grievance/Remedy Form" within five (5) business days of the discussion and provide a copy to the department of 20 human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (b) With the exception of step 4, the only persons who may be present in the management step meetings are the employee, the employee's immediate supervisor or department director depending on the level at which the grievance is being heard, and appropriate witnesses for each side. Witnesses shall be present only while actually making his or her statement. At step 4, the employee, at his or her option, may have present a representative of his or her choice. If the employee is represented by legal counsel, the county likewise has the option of being represented by counsel. The employee must notify the County Admininistrator and the Human Resources Department of the name of his or her attorney within five (5) calendar days of the scheduled meeting. The presence of attorneys shall not alter the fact that this is an administrative, informal, fact-finding process involving, in step 4, a meeting and discussion between the County Administrator or County Administrator's designee and the employee. Section 8.5 (Revised June 14, 2007, April 1, 2015) Panel Hearin ... . . ...... 11 NINON 1, 11"I'M I I 1 -3.2 1 21 INC 10 Mi. MEN ...... . ...... . ...... .. .... Ow .... . INIMM ZION - P.q. 21 R M=M1150-all Mmmfi� - M-; MRSIM WIN . - mi. �� a +�:1���\1NY.\�l9Pl\%\�\l\���•t f����)\\\\SS+L��S�S9\��f+l��� ll��'aR�Ai�\+l m amu .0- MWITWERMCWHIMPM M-3�.-MAMM �_MMeal �1 Request for Hearing If the County Administrator's or the County Administrator's designee's response does not resolve the grievance at step 4, the grievant may request a hearing before a grievance panel. The request for a hearing shall be submitted in writing to the Director of Human Resources within five (5) business days of the response of the County Administrator or the County Administrator's designee. Panel Composition (1) In cases of employee termination or retaliation, the panel shall be made up of three impartial members. Two panel members shall be chosen from employees of the County. One of those panel members shall be appointed by the employee and one shall be appointed by the County Administrator or County Administrator's designee. The third panel member shall be an administrative hearing officer who is appointed by the Executive Secretary of the Supreme Court. The County will pay all costs related to the use of the hearing officer. The administrative hearing officer shall act as panel chairperson. (2) In all other cases, the panel shall be made up of three impartial members chosen from employees of the County, one appointed by the grievant, one appointed by the County Administrator or County Administrator's designee, and a third panel member selected by the first two appointed panelists, who will serve as the panel chairperson. In the event that an agreement cannot be reached as to the third panel member, the chief judge of the circuit court of the County shall select the third panel member. (3) All County employees, as a condition of County employment, shall serve on grievance panels, whether selected by the grievant, management, or by the two appointed panelists to serve as the panel chair. All employees of the Human Resources Department, Office of the County Attorney, and the County Administrator's office shall be excluded from serving on the panel. (4) The panel shall not be composed of any persons having direct involvement with the grievance being heard by the panel, or with the complaint giving rise to the grievance; nor managers who are in a direct line of supervision of the grievant; nor employees in the same department as the grievant; nor persons who are residing or have resided in the same household as the grievant; nor the following relatives of either participant in the grievance process. spouse, parent, grandparent, child, grandchild, sibling, step -sibling, in-law, niece, nephew or first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co -employee of the attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. (5) The County Administrator or County Administrator's designee, the grievant, or the grievant's department director may challenge the eligibility of the other party's panel member by requesting a determination from the Director of Human Resources of whether the selection has met or violated the MKI eligibility requirements. Such requests must be made in writing no fewer than five (5) business days prior to the date of the scheduled panel hearing. If one member is found to be ineligible, the remaining members are unaffected. If at all possible, an immediate replacement will be impaneled and the hearing conducted as scheduled. Rules for Panel Hearings The conduct of panel hearings as a part of the grievance procedure shall be governed by the following rules: (1) The panel does not have authority to formulate policies or procedures or to alter existing policies or procedures; (2) The panel has the discretion to determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing, and, at the request of either party, the hearing shall be private; (3) The County shall provide the panel with copies of the grievance record prior to the hearing, and provide the grievant with a list of the documents furnished to the panel; (4) The grievant and his or her attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be allowed access to and copies of all relevant files intended to be used by the County in the grievance proceeding; (5) The panel shall have the authority to determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence; (6) All evidence shall be presented in the presence of the panel and the parties, except by mutual consent of the parties; (7) The documents, exhibits and lists of witnesses shall be exchanged between the parties in advance of the hearing; (8) The panel hearing is an administrative process and is not meant to be conducted like proceedings in court. Panels are not bound by rules of evidence and shall take into account all reliable and substantial evidence produced at the hearing. It is within the province of the panel to determine relevancy and materiality. The panel may require either party to demonstrate relevancy and materiality of any evidence and the need for any requested extensions of the hearing panel; (9) The panel shall deal with the grievance before them. Evidence and testimony as to how other employees or situations have been handled in the past are not relevant except in cases of discrimination. Previous applications of the same policy may be relevant. No personnel file or record may be examined by the panel or introduced into evidence, except that of the grievant; (10) The panel has no subpoena power to compel the attendance of witnesses. The panel may, however, at the request of either party, or in its own discretion, request the voluntary appearance of witnesses or the submission of documents. Authority of the Panel Chair The chair, acting on behalf of the panel, has the authority to: 24 (1) Issue requests for witnesses or documents but does not have subpoena power; (2) Administer oaths; (3) Receive documentary evidence and hear testimony, and exclude that which is irrelevant, immaterial, repetitive or confidential by law; (4) Decide on procedural requests; (5) Hold a conference (in person or by telephonic means) to simplify the issues, decide procedural matters, discuss settlement possibilities, and establish the date, time, and place of hearing; and (6) Order the parties to exchange a list of witnesses and documents. Conduct of the Hgqdpg (1) The hearing must be held within 30 calendar days of the selection of the panel in a location convenient to where the employee is or has been employed. The County must arrange a place for the hearing unless the panel chair chooses to make the arrangements. It is the responsibility of the panel chair to notify the parties, either in writing or at a prehearing conference, of the date, time and place of the hearing. (2) When a hearing is scheduled, it is the responsibility of the parties to appear or ask for a postponement. A hearing may proceed in the absence of one of the parties; a hearing so conducted will be decided on the grievance record and the evidence presented at the hearing. The parties may be represented by legal counsel or other representative, or may represent themselves. A hearing may be continued into evenings or weekends. The panel may grant a postponement or extend the 30 calendar day period for good cause. (3) Opening and closing statements may be made by each party. Each party may be represented by an individual of choice. All witnesses, except for the grievant and a representative of the County, shall not be present in the hearing room except when giving testimony. Exhibits may be offered into evidence and be made part of the record. The hearing must be recorded verbatim. The panel chair is responsible for the recording and is to preserve the recorded tapes as a part of the grievance record. Either party may receive a copy of the recording at cost. A court reporter is not required. If either party requests a court reporter, that party is responsible for the costs. If a transcript is made, the other party may request a copy at cost. The panel chair has the authority to determine the propriety of the attendance of all persons not having a direct involvement in the hearing including witnesses and spectators. The hearing shall be closed to the public. Decision (1) The panel's decision must be in writing and contain the findings of fact and the basis for those findings. The panel shall deliver its decision to the Director of Human Resources, the individual who represented the County during the panel hearing and the employee within ten (10) business days of the conclusion of the hearing unless the panel by majority vote extends the time period. If the panel extends the time period for its response, the panel chair shall notify the parties in writing. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. a (2) The panel shall decide the case on the merits, not on whether there has been compliance with the procedural requirements of this article. The panel does not have the authority to formulate policies or procedures nor to alter existing policies and procedures. The panel shall make its decision within the following standards of review: a. In grievances involving disciplinary action for misconduct, including termination for misconduct, the panel shall uphold the County if the evidence shows that the charge(s) of misconduct and disciplinary action(s) were more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. b. In grievances involving termination for unsatisfactory work performance, failure to meet job standards, unacceptable attendance or other nondisciplinary matters, the panel shall uphold the County's action if it determines that the action was more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel is not empowered to establish or modify job standards, job requirements, or performance standards nor may the panel determine or change an employee's evaluation rating. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. C. In grievances involving complaints regarding application of policy, discrimination and other nondisciplinary issues, the panel will determine if policies and procedures have been appropriately applied. If the panel finds that the policies and procedures have not been applied appropriately, then the panel, as appropriate relief, may issue an order to create an environment free from discrimination or to take corrective actions necessary to cure the violation and/or minimize its recurrence. The panel is not empowered to promote, assign or transfer employees, to establish salaries nor to take any other action which is in the purview of management rights. d. The panel does not have the authority to consider matters which the grievance procedure makes nongrievable. e. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. f. The panel may not award damages or attorney's fees. W (3) Within ten (10) business days of the receipt of the panel's decision, the Director of Human Resources will review the decision and may on his or her own action remand a decision which appears to be inconsistent with law and written policy to the panel for further consideration. All parties will be notified if a decision is remanded. (4) The County Administrator shall implement the panel decision to the extent that it is consistent with the provisions of law and written policy. Either party may petition the circuit court of the County for an order requiring implementation of the panel decision. Section 8.6 Determination of Grievability 1. Determining Issues Qualifying for the Management Steps If the first or second step written management response indicates that a given issue is not grievable, an employee may appeal to the County Administrator, or his designee, who is empowered to render a decision on the grievability and on the access of the procedure of issues in the management steps. Neither the County Attorney nor the Commonwealth's Attorney shall be authorized to decide the question of grievability. If the County Administrator finds that the issue is grievable, the grievance may be pursued through the three management steps. However if the County Administrator or his designee, finds that the issue is not grievable, the employee may appeal to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. The appeal procedure shall be in accordance with subsection 2 below. If the issue qualified by the court, the management step process should be completed before proceeding to panel (unless the grievance is otherwise resolved). 2. Determining Issues Qualifying for a Panel Hearing Decisions regarding whether or not a matter qualifies for a panel hearing shall be made by the County Administrator at the request of the department director or grievant and such decisions shall be made within ten (10) calendar days of such request. Such requests shall be made in writing. Such decisions of the County Administrator may be appealed to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. Proceedings for review of the decision of the County Administrator shall be instituted by filing a written notice of appeal with the County Administrator within ten (10) calendar days thereafter, the County Administrator shall transmit to the Clerk of the Circuit Court to which the appeal is taken a copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the Court shall be furnished to the grievant. The failure of the County PIN Administrator to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court on motions of the grievant, may issue a writ of certiorari requiring the County Administrator to transmit the record on or before a certain date. Within thirty (30) calendar days of receipt by the Clerk of such records, the Court sitting without a jury, shall hear the appeal on the record transmitted by the County Administrator and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record, the Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm the decision of the County Administrator or may reverse or modify the decision. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. Section 8.7 Following the Procedure After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure 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) work days of the receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. This procedure is provided as a means for employees to resolve problems and complaints without the cost often associated with legal counsel. However, if any employee using the procedure would feel more comfortable in having such support, the employee shall be responsible for related expenses. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Don Robertson, Director of Information Resources and Legislative Affairs, reported that the issues of the Transient Occupancy Tax and the adoption deadline of school budgets from May Pt to May 15"' have been approved by the General Assembly and signed by the Governor with an effective date of July 1, 2015. He provided a recap of the changes made with regard to ethics legislation pertaining to disclosure forms and gift acceptance. He advised that the consolidation of health departments for Western Tidewater with the City of Chesapeake will not occur in the FY2015-16 budget. He further W. advised that State employees will receive a 2% salary increase (including Constitutional Officers and their employees, Registrars and Social Services and their full-time employees) and Schools will receive a 1.5% increase (instructional and support positions or those related to standards of quality positions only). A Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital Purposes was presented for consideration by Tony Wilson, Public Works Administrator. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO TRANSFER AVAILABLE FY 14 FUND BALANCE ROLL OVER FUNDS FOR ONE-TIME CAPITAL PURPOSES WHEREAS, there are several county buildings and facilities with immediate capital repair and improvement needs including roof replacements to the Nike Park Administration Building, Nike Park Seniors Building, and Isle of Wight Museum as well as improvements to address sewer overflows at Nike Park; and, WHEREAS, $352,000 in funding is available for transfer from FY 14 fund balance roll overs to allocate for one-time capital purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby approves the transfer of $352,000 in FY 14 fund balance roll over dollars to the Capital Projects Fund budget as follows: Nike Park Administration Bldg. Roof Replacement $106,000 Nike Park Seniors Bldg. Roof Replacement 60,000 Isle of Wight Museum Roof Replacement 140,000 Nike Park Sewer Overflow Improvements 46,000 $352,000 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute the transfer of funds and make such accounting adjustments as necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following matter: Sale of Public Property to the Virginia Department of Transportation W County Attorney Popovich advised that the request by the Virginia Department of Transportation has been properly advertised for public hearing to convey approximately 31,000 square feet to the Virginia Department of Transportation for purposes of improvement to the bridge near the Carrsville Convenience Center. Chairman Alphin called for persons to speak in favor of or in opposition to the conveyance of property. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Chairman Alphin moved that any and all documents necessary to effectuate the conveyance of the property to VDOT be executed. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward provided a timeline of Board directives associated with the ISLE2040 Comprehensive Plan. Richard Rudnicki, Assistant Director of Planning and Zoning, addressed the recommended next steps associated with the ISLE2040 Comprehensive Plan. Chairman Alphin moved that staff be directed to return the ISLE2040 Plan to the Planning Commission with the following list of deficiencies and that staff further be directed to conduct a public meeting in order to resolve those deficiencies: Supervisor Darden's request for inclusion of conservation areas; that staff begin the Windsor plan and, if possible, tweak the density numbers to accomplish what the Board wants while still satisfying the number of people needed; additional citizen input; and, projected economic impacts to the County. Supervisor Bailey's concern with Nike Park Road Chairman Alphin's request to address any transportation issues which may arise. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 30 County Administrator Seward reviewed the proposed FY2015-16 Operating and Capital Budget with the Board. Supervisor Darden moved that staff be authorized to advertise the proposed FY2015-16 Operating and Capital Budget for public hearing at the Board's April 16, 2015 regular meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved to authorize a public hearing on April 16, 2015 on the proposed FY2015-16 Operating and Capital Budget. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden further moved that the meeting be continued until April 6, 2015 at 9:00 a.m. for the purposes of conducting a work session on the proposed FY2015-16 Operating and Capital Budget and to discuss insurance benefits with the County's health insurance consultants. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Under Old Business, revisions to the Facility Use Agreement were discussed. Supervisor Casteen moved to deny the request for changes to the Facilities Use Agreement. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Casteen, Darden and Jefferson voting in favor of the motion and Supervisor Bailey voting against the motion. Chairman Alphin moved that the opportunity be extended to the two departments to sign the Facilities Use Agreement for a six-month period of time, at the end of which time, the Agreement will be considered null and void and will revert back to what it was before and that the County and these two agencies will have the capacity to continue that Agreement into perpetuity if they so choose at that time. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. H 31 At 11:30 a.m., the meeting was continued to April 6, 2015 at 9:00 a.m. for the purpose of conducting a work session on the proposed FY2015-16 Operating and Capital Budget and to discuss insurance benefits with the County's health insurance consultants. IM11Wm 4 f!l s Ust !F1 -'C M Re Alphin, Chairman