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 Shenandoah
 Code of Ordinances
 Chapter 46. PERSONNEL
 Article II. GRIEVANCE PROCEDURE

  § 46-28. Resolution of issue of grievability; qualification for panel hearing.  

Latest version.

  • (a)

    Decisions regarding whether or not a matter is grievable shall be made by the town manager or other department head authorized by the town manager to decide the issue of grievability. Decisions of the town manager or the designated department head as to grievability shall be made within five days of the receipt of a request, and a copy of the decision shall be transmitted to the grievant. If the town manager does not qualify the grievance for a panel hearing following the completion of the management steps, the grievant may appeal the decision to the circuit court of the county for a determination of grievability as provided in this section.

    (b)

    Proceedings for review of the decision of the town manager or designated department head shall be instituted by filing a notice of appeal with the town within ten days after the date of the decision and giving a copy thereof to all other parties. Within ten days thereafter, the department head shall transmit to the clerk of the court to which the appeal is taken: a copy of the decision of the town manager or designated department head, and a copy of the notice of appeal and the exhibits. The failure of the department head 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 department head to transmit the record on or before a certain date. Within 30 days of receipt by the clerk of such records, the court, sitting without a jury, shall hear the appeal of the record transmitted by the department head 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 decisions of the town manager or designated department head or may reverse or modify the decision. The decision of the court shall be rendered no later than the 15th day from the date of the conclusion of the hearing. The decision of the court is final and is not appealable. Such determination of grievability shall be made subsequent to the reduction of the grievance to writing but prior to the panel hearing provided for in this article. The issue of grievability shall be decided prior to the panel hearing or it shall be deemed to have been waived.

    (Ord. of 10-14-1997, § III)

(Ord. of 10-14-1997, § III)