This handbook has been compiled to assist members of the Charlottesville Professional Fire Fighters Association in understanding polices, benefits and rules of the city of Charlottesville. This handbook is only a summary of polices and rules of the city and should be used as such. Any questions or contradictions with this handbook should be referred to a member of the executive board of the C.P.F.F.A. Information in this handbook was taken from numerous sources and a listing of such is included at the end of this book. We hope that this book can help you with day to day questions that may arise and help keep you abreast of your rights as an employee.
FRATERNALLY,
ROBERT LEE BRAGG III
INDEX
The city grants annual paid vacations to its full- time regular and part-time regular employees. in the fire department the amount of annual vacation that you accrue is based on the number of years of employment.
0-3 Years of service: 4.32 hours biweekly = 2.0 Weeks
3-5 Years of service: 5.40 hours biweekly = 2.5 Weeks
5-10 Years of service: 6.47 hours biweekly = 3.0 Weeks
10-15 Years of service: 7.55 hours biweekly = 3.5 Weeks
15-20 Years of service: 8.63 hours biweekly = 4.0 Weeks
20-25 Years of service: 9.70 hours biweekly = 4.5 Weeks
25 + Years of service: 10.78 hours biweekly = 5.0 Weeks
VACATION INFO:
You can only bank two weeks more than you earn. Any vacation leave that is in excess of your vacation hours limit on June 30th will be converted and added into your sick leave balance.
Here is some information about the vacation picks, some of this information may change from year to year.
HOLIDAY WITHIN VACATION PERIOD:
If a city observed holiday falls within your scheduled vacation period, you will be
paid for that holiday and may save your vacation time for that day.
VACATION SCHEDULING
This may change from year to year but generally you will start your vacation picks around the first of November. The picks are done in order of seniority. vacation picks are followed by holidays and also use the seniority order. Daily picks are last, then first come first serve.
Since the nature of our schedule does not allow us to always be off on holidays, we are granted 11 holidays. These are chosen when we pick in November for the upcoming year. The city observes the following holidays, and if on duty on these days you may receive either comp-time or holiday pay which is half time.
New Years day
Lee-Jackson-King day
Martin Luther Kings Day
Presidents Day
Thomas Jefferson's birthday
Memorial Day (last Mon. in May)
Independence day,
Labor Day (1st Mon. in Sept.)
Thanksgiving (4th Thur. in Nov. and following day)
Christmas
Sick leave may be taken for personal illness, exposure to a contagious disease, a doctor or dental appointment, or for the illness of an immediate family member. Immediate family members include; mother, father, sister, brother, husband, wife, child, grandparent, mother-in-law, father-in-law, foster parent, or a blood relative who has served as a foster parent. Family sick leave is limited to forty hours in a calendar year. Due to the fact that we work a (24) hour day unlike the rest of the city, our leave rate is 1-3 (i.e. for every 3 hours you are off you are charged 1 hour, if you are off the entire 24 hours you are charged 8 hours sick leave). A doctor's certificate discussing your disability to work may be required (cfd form 34) by your supervisor. When proof is requested but not shown that fact will result in disciplinary action and reduction in pay for the time absent. If you are sick and cannot work you must contact the O.I.C. before 06:30 in order to call in sick for that day. After 0630 you can still call in sick, but you will be charged for being late as well as your sick time. In case of serious illness, an employee whose total leave has been exhausted may apply for extraordinary sick leave. The director of human resources must approve this leave after it is recommended by your department head. You will accrue ten (10) hours a month sick leave.
If you are a regular employee and a death occurs in your "immediate family", you will be compensated for time lost from your regular work schedule in accordance with the following guidelines. A maximum of five calendar days or three working days with pay, whichever is shorter will be granted immediately following the death of a mother, father, sister, brother, spouse, child, grandparent, mother-in-law, father-in-law, foster parent, or a blood relative that has served as a foster parent. Contact the on-duty O.I.C. for bereavement leave.
Regular employees are granted a leave of absence with pay for any absence necessary for serving on a jury, attending court as a witness under subpoena, or taking a test for fitness for military service. If you serve on a jury, you may also retain the allowance you receive from the court for such service. To qualify for civil leave you must show your supervisor the order requiring such duty when you request the leave. In addition, your supervisor may request proof of service when your period of court duty or test for military fitness is completed.
Employees entering active duty will have their job status protected in full compliance with current federal requirements. An employee in the reserve or national guard may take a leave of absence with full pay without loss of seniority, annual or compensatory leave on all days during which he or she is engaged in annual active duty for training (limited to 15 calendar days per year), when ordered into emergency active duty by the federal government, or when called forth by the governor in declared emergency pursuant to the provisions of Va. code sect. 44-75.1 ET seq.
Educational leave may be granted to any regular employee to follow a course of study related to a career with the city. If the leave is needed for three hours or less per week, the city may grant you time off with pay.
Effective august 5, 1993 the family and medical leave act of 1993 provides that eligible employees may take up to 12 work weeks of leave during a 12 month period for the following reasons: A: birth of a child of the employee, and to care for such newborn child. B: placement of a child into the employee's family by adoption or by a state approved foster care arrangement. C: to care for the employee's spouse, child, or parent who has a serious health condition. D: a serious health condition, which renders the employee unable to perform the functions of the employee's position. A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves 1]-inpatient cares in a hospital, hospice, or residential medical facility, or continuing treatment by a health care provider. The 12-month period in which FLMA leave is taken will be determined by counting forward twelve months from the starting date of the first FMLA leave taken. Eligibility: all employees who have worked for the city for at least 12 months and for at least 1,250 hours during the prior twelve months are eligible for FMLA leave. * When taking leave for one of the above-referenced reasons, employees shall first be required to use all applicable paid leave. Paid leave which is used for an FMLA purpose shall be counted towards the 12 weeks of FMLA leave. The balance of the 12-week FMLA leave period, if any, may be taken as unpaid leave. A: When leave is necessary for the serious health condition of a spouse, child or parent, employees are required to use their available family sick leave, compensatory time and annual leave, in that order, prior to using unpaid FMLA leave. B: When leave is necessary for the employee's own serious health condition, the employee must use his or her available sick leave, compensatory time, annual leave, and, if appropriate, extraordinary sick leave, in that order prior to using unpaid FMLA leave. C: Any period of leave necessitated by ongoing pregnancy, severe morning sickness, the need for prenatal care, child birth and recovery from childbirth shall be considered leave for a serious health condition, and the employee must use her available sick leave, compensatory leave, annual leave and, if appropriate, extraordinary sick leave, in that order, prior to using unpaid FMLA leave. D: When leave is taken to care for a newborn child, the employee must use family sick leave, compensatory time, and annual leave in that order, prior to using unpaid FMLA leave. E: When leave is necessary for the placement of a child into the employee's family, the employee must use available compensatory time and annual leave, in that order, prior to using FMLA leave.
Employees wishing to participate in the city's life, cancer, or medical insurance programs must sign up within the first (30) days of becoming a regular city employee, or may sign-up during the open enrollment period. Because of the city's special pretax benefit, every November, regular employees working at least 20 hours per week have the opportunity to review their need for optional life insurance, cancer insurance, and medical insurance. The department of human resources requires each employee to decide whether they wish to continue with their current level of insurance in these areas or to change their coverage. Any changes made to optional life insurance, cancer insurance, or medical insurance coverage during the open enrollment period will take effect on January 1 of the following year. The pretax benefit applies to medical, optional life and cancer insurance and allows employees to have the premiums for these insurance deducted from their paychecks tax-free.
The city offers two kinds of group life insurance programs.
1) Life insurance in the an amount equal to twice your annual base salary rounded up to
the next one thousand dollars and updated to that amount twice a year (august and
February) is provided at no cost to the employee. If you have completed the enrollment
card, this policy takes effect approximately 2 months after you become a regular employee.
2) An optional life insurance policy may be purchased by employees according to rates
provided in the department of human resources. You may choose to enroll in optional life
insurance within the first 30 days of becoming a regular eligible employee and every year
during the city's open enrollment period.
3) The city offers three additional types of insurance. They are cancer insurance,
accident insurance and intensive care insurance and are amiable through payroll deduction.
Contact department of human resources for further information.
RETIREMENT PROGRAM ADMINISTRATION
The retirement plan commission administers the pension plan. The commission is composed of nine members: the mayor, the chairman of the finance committee of city council, the city manager, the director of finance, the director of personnel, the city treasurer, and three regular full-time employees of the city, appointed by the city council. The benefits administrator is the person to contact if you should have questions about the retirement plan. He is located in the office of personnel. You may also pickup a copy of the basic plan document there.
MEMBERSHIP
You are eligible to participate in the retirement system if: You are a full-time, year-round city employee, or you are a full-time, year-round employee of the Jefferson-Madison regional library, or the airport board, or you are the commissioner of revenue, the city treasurer, the city sheriff, the clerk of the court, the commonwealth's attorney, or one of their full-time employees. Contributions: you make no contributions. The city contributes all the funds to your pension. These funds are invested to provide future benefits.
Iif you are vested, it means that you have the right to your pension, even if you quit or are fired. Under this plan you become vested after five years of employment. Your pension is then held for you until you reach normal retirement age, or are within five years of normal retirement age.
MANDATORY RETIREMENT DATES
Public safety officers are not permitted to continue in service after age sixty.
NORMAL RETIREMENT BENEFITS
Your pension, social security benefits savings, investments and second jobs are your most likely sources of retirement income. Your monthly pension amount is based on your years of employment and your average final salary. This is figured from your 36 highest consecutive months of salary. If you were employed prior to 1/84, your monthly pension, payable for life, is calculated by use of two different formulas, which we will call 1and 2. You receive whichever formula gives you the larger pension. If you were employed after 1/84 your monthly pension is calculated by formula 3.
PUBLIC SAFETY OFFICER SUPPLEMENT
An employee who at the date of retirement was in service as a police officer, fire fighter, or sworn personnel of the sheriff's department, and who has completed 20 years or more of creditable service will receive an additional monthly allowance between his normal retirement date and his/ her 65th birthday. This amount will equal 100% of the employee's annual primary social security benefit expected to begin at age 65. A public safety officer who retires prior to his/her normal retirement date, between the ages of 55 and 60, can receive the additional allowance; the amount will be less, but will be received for a longer period of time.
NORMAL RETIREMENT DATE
For public safety officers it is the first of the month coincident with or following attainment of age 55 and completion of five years of creditable service.
FORMULA 1: average final compensation ( afc ) multiplied by 2% multiplied by number of years of creditable service minus 2 1/2 % of estimated social security benefit at age 65 multiplied by the number of years of creditable service (up to a maximum of 20 years ).
FORMULA 2: average final compensation (afc ) multiplied by 1.35 % multiplied by number of years of creditable service.
FORMULA 3: average final compensation ( afc ) multiplied by 1.2 % multiplied by number of years of creditable service (maximum 30 years ) plus .005 % multiplied by afc in excess of one-half of the social security wage base multiplied by number of years of creditable service ( maximum 30 years) plus .005 % multiplied by afc multiplied by number of years of creditable service in excess of 30 years. Public safety officers, who have completed twenty or more years of creditable service as of their retirement date, will receive an additional monthly allowance between his or her normal retirement date and his or her 65th birthday. Should retirement be prior to the normal retirement date, the additional monthly allowance will be actuarially reduced since the payment will be received over a longer period of time.
PENSION VALUES
Tthere are no provisions in the plan for automatic adjustments to the amount of the pension to offset inflation, but each year the city council reviews the opportunity for granting a post-retirement supplement. From time to time, city council has provided a cost-of-living adjustment to retirees.
If a retired employee is re-employed by the city for more than twenty days in a calendar year, his/her pension shall cease and he/she shall again become an active member of the retirement plan.
1. Make an appointment with the benefits administrator in the human resources
department.
2. Complete an application for retirement benefits.
3. Provide a copy of birth certificate.
4. Decide if you want one of the options.
5. Fill out new tax and insurance forms.
6. Choose any other deductions to be taken from your pension.
WHEN TO APPLY
Iif possible, you should begin discussing your retirement with the benefits administrator at least sixty days prior to retirement. Also, you should contact the social security office to inform them of your retirement date.
Any member of the retirement plan that has five or more years of creditable service may retire, or may be retired by his/her department, at any time prior to the member's normal retirement date on account of total and permanent disability. The five years of creditable service is not necessary if your disability is caused by an injury suffered on the job or " in the line of duty."
QUALIFYING FOR DISABILITY
A member shall be considered to be totally and permanent disabled if:
1. The retirement commission determines as a result of medical or other evidence that the
member is mentally or physically unable from ever performing any work for gain or profit
for which he/she is or reasonably can be trained.
2. The member is eligible for and is receiving total and permanent disability benefits
from social security.
IS DISABILITY RETIREMENT GRANTED FOR LIFE
Annually, the retirement commission may require the disabled member to undergo a medical examination for verification that the disability condition still exists. Any disability benefits will be discontinued should a member refuse to submit to the medical examination. These examinations will not be required when the member attains his normal retirement date.
PARTIAL DISABILITY
An employee with an illness or injury may be eligible for a partial disability if the employee is disabled to the extent that he/she cannot perform the usual and customary duties as an employee and that his/her earning capacity has been reduced by such partial disability.
DISABILITY RETIREMENT FORMULA
Your disability retirement pension will be computed using the same formulas as used for
calculating your pension at normal retirement age. However, the number of years of
creditable service will be the smaller of:
1. Two times your years of employment to the date of your disability.
2. The number of years of creditable service you would have completed at ages sixty. This
formula gives you credit for some of the years that you would have worked had you not
become disabled. Partial disability formula will be determined by the retirement
commission to what extent, expressed as a percentage, the member's earning capacity has
been reduced as a result of the partial disability. The monthly payment will be a
percentage of the disability pension the applicant would have received if he/she had been
determined to be totally and permanently disabled. This is not considered a disability
retirement pension, yet it does provide a continuing benefit while the partial disability
remains, or until the disabled employee reaches age sixty-five or retires.
APPLYING FOR DISABILITY RETIREMENT
The employee who wishes a disability retirement or a partial retirement should meet with the benefits administrator to discuss the procedure and to receive the necessary forms. After all information requested is provided, the retirement commission will determine whether or not to award a disability retirement.
OPTIONS
There are several options or alternative methods of receiving retirement benefits. The retirement plan has two options from which you may choose the joint survivor option and the increased early retirement allowance option.
JOINT SURVIVOR OPTION
A member may choose to receive a decreased retirement pension during his/her lifetime and have the retirement pension continue after his/her death to be paid to one other person. You may choose whether that person will receive the same amount of pension that you receive or 3/4, 2/3, or 1/2 of your pension amount. Under this option, your normal retirement pension is calculated and then reduced by an amount determined by using an actuarial table based on your age and the age of the beneficiary. At your death, this amount will continue to be paid monthly to your beneficiary.
EARLY RETIREMENT ALLOWANCE OPTION
A member who elects an early retirement may choose to receive an increased retirement pension up to the date he/she expects to start receiving his/her social security benefit, and a decreased retirement pension thereafter, thereby providing a more level source of retirement income.
RETIREMENT OPTION DECSION
The options are listed on the retirement application. When completing an application for retirement, you mark the option you wish to choose. Once you retire, the option cannot be changed.
Should a member die in service after becoming eligible for early retirement or completing twenty-five years of creditable service, the member's surviving spouse, if any, will receive a retirement pension payable monthly for life. If the member has twenty-five years of creditable service but is not of early retirement age, the pension will be reduced .005 for each month between the date of death and early retirement age. The pension amount would be calculated as if the employee had chosen a 100% joint survivor option. The pension would be paid to your spouse at the end of the first complete month following your date of death.
OTHER RETIREMENT BENEFITS
If you are eligible to receive retirement benefits at the time you terminate city employment, you may continue to receive health insurance and/or life insurance.
All employees eligible for city --paid health insurance coverage on December 31, 1984, and who continue to work for the city until they retire, shall remain eligible in retirement for city-paid health insurance coverage in the same ratio as when actively employed. For employees hired after December 31, 1984, eligibility for city-paid health insurance coverage shall cease at retirement, but employees shall be eligible to participate in the health insurance program at their own expense.
For active employees, an insurance reduction begins at attainment of age 70. Upon retirement, for employees hired prior to January 1, 1978, an insurance reduction begins and the reduced amount of insurance coverage will be paid to the employee's beneficiary. The insurance reduction is 2 % at time of retirement and a further 2 % reduction each following month to a maximum reduction of 50 %. For employees hired after January 1, 1978, life insurance coverage ceases and a $2500.00 lump sum death benefit will be paid to the employee's beneficiary. All amounts of optional life insurance terminate upon attainment of age 70 or at retirement, if earlier.
The city has established a deferred compensation plan. The purpose of the plan is to encourage eligible employees to save on a pretax basis and to build a financial reserve for retirement. Under the plan, eligible employees may elect to have the city withhold up to 25% of their gross income (not to exceed $7500) per year through payroll deduction and to contribute that amount to the plan as a savings contribution. Employees may suspend their contributions at any time and may also increase or decrease the amount of their contributions. Withdrawals from the plan are permitted only in the event of unforeseen financial hardship. The money contributed by employees is held and invested by the plan's trustees. The value of each employee's account at retirement depends on a number of factors, such as how long an employee has been a member of the plan, how much the employee has contributed, and the investment gains or losses. For more information on the plan contact the department of human resources.
HEALTH CARE COVERAGE INFORMATION CALENDAR YEAR
Your calendar year is from Jan 1-dec 31 of any given year.
See benefit election handouts. Changes each year.
BENEFIT PAYMENT FOR SPECIAL CARE
For outpatient nervous and mental office visits, after the deductible is paid, benefits pay 80% of the allowable charge. This is paid up to $5,000.00 per calendar year and limited to two visits each week. If the year's maximum has been reached, benefits will not continue that year. If you need to be a bed patient in a hospital because of a nervous or mental problem, you can count on as many as 30 days of care during a calendar year. Of course, your $ 200.00 deductible must be paid first, but when it is, your benefits will pay 80% of the hospital bill if you need a chiropractor, benefits pay for his services as they would for any other doctor. Services for spinal manipulation are limited to $ 500.00 per calendar year no matter what type of doctor performs the service. Charges for spinal manipulation will not count toward the out-of-pocket limit.
If you and your family are all part of the city program, they're as three special benefits: * $400.00 is the most a family has to pay each year before the benefits begin to pay. When one person pays the first $ 200.00 in health care bills, the program begins to work for him. Other family members, between them, need only pay another $ 200.00 before the program begins to work for them. * There is also a limit to how much a family has to pay during a year. The most a family can pay in a calendar year for most services is $ 1,600.00. This out-of-pocket limit works just the same way as the family deductible. When one member of the family pays $ 800.00 {counting both the $ 200.00 deductible and 20% balance of the bill}, benefit payments change to 100% for the rest of the year. Other family members only have to pay another $ 800.00 between them before benefits begin to pay 100%. * If two or more members of the same family need care at the same time because of an accident, only a single $ 200.00 deductible will be needed. Your children can be part of the program until December 31st of their 19th birthday year. If you have children who are going to school full-time, they can be part of the program until the last day of the month they stop going to school or reach age 23. A child who is not able to support himself because he is handicapped can continue to be part of the program if he was disabled before his 19th birthday {or 23rd birthday, if a full-time student}.
OUTPATIENT SERVICES: SURGERY
Outpatient surgery is covered in an ambulatory surgery center, your doctor's office or the outpatient department of a hospital. Many operations can be performed safely on an outpatient basis saving you the cost of a room in the hospital. If your doctor says you have to have an operation, ask if you can be an outpatient.
CARE OF ACCIDENTAL INJURY
If you have an accident, you can go to the most convenient place to have it taken care of, whether it's your doctor's office, local medical center, or hospital outpatient department. There is a $25.00 deductible for each emergency room visit. You must also meet your calendar year deductible before benefits begin to pay 80% of ac.
LAB AND X-RAY TESTS
When your doctor needs to find out what's wrong with you, your benefits pay for lab and x-ray tests he orders. X-rays and lab tests are also paid for when you have surgery, an accident or a medical emergency.
DOCTOR'S OFFICE AND HOME VISITS
When you need to visit you're doctor, or have him visit you, your benefits pay for the care. We want you to know that the word "need" is important. Care that's "routine" cannot be paid.
RADIOLOGICAL THERAPY
If someone needs to be treated for a very serious illness, the city's program benefits pay for the care. Payment is also made for chemotherapy and other, similar types of care.
OTHER KINDS OF HEALTH CARE
Prescription drugs, if your doctor gives you a prescription for a medicine that the druggist must take care of, including insulin, your program benefits will pay for it. If you can walk into the drug store and buy it without a prescription, benefits can't be paid. Benefits are also not paid for contraceptive drugs or devices, drugs prescribed to lose weight or to stop smoking and drugs used for cosmetic or experimental purposes.
PRIVATE DUTY NURSING
When you need special nursing care, either in the hospital or at home, the private duty nurses-either a registered nurse or a licensed practical nurse-are paid for by your benefits. Blue cross and blue shield of VA may ask your doctor to tell them about the services.
AMBULANCE SERVICE
If you or someone in your family needs to travel by ambulance to some nearby hospital or other place to get health care, your benefits pay for the service. Remember that the ambulance must be needed. If the patient can travel in a car, payment cannot be made.
RENTAL EQUIPMENT
When someone comes home from the hospital, you may need health care equipment to make him or her comfortable. For example, a hospital bed or a set of crutches maybe needed. Your benefits program will pay for them.
PROSTHETIC DEVICES
Your program will cover the cost of almost all-prosthetic devices.
HOME HEALTH CARE
If you need to be cared for in your home, you can receive visits from nurses, home health aides, and other people who work for a contracting home health agency. Your doctor writes a "plan of treatment" and sends it in for approval before care begins.
HELPFUL HINTS ON CLAIM FILING
* Every person in your family needs a separate claim form
* Attach bills only for one person to the form you have completed for that person
* Make sure every bill is "itemized". The bill should show the name of the
patient, the name of the person or organization who cared for the patient; the date care
was given; the kind of care; and the cost of each type of care.
* Don't wait to complete the form and send in the bills. As soon as you have covered
expenses, follow the instructions on the form. If you wait until the fall of the year,
your bills may take longer to be paid.
The city has a medical review program in place that reviews all non-emergency
admissions to the hospital before admission can occur; it also reviews elective outpatient
surgery. Trigon perform the review function. Trigon is staffed with experienced and
qualified registered nurses and physicians.
The process consists of six principle parts:
* Pre-admission and pre-surgery review
* Concurrent reviews while in hospital
* Medical coordination after discharge
* Maternity review
* Psychiatric/ chemical dependency review, both inpatient and outpatient.
* Outpatient diagnostic review
This is the procedure by which your elective hospital admission or outpatient surgery must be reviews in advance. The purpose of the procedure is to identify elective cases that can be more appropriately treated on an outpatient basis, and if admission to the hospital is necessary for surgery, to determine if pre-admission testing can be done. As a member of your health benefit plan, you'll receive a sticker for your health identification card that identifies you as a participant in this covered program. If your doctor suggests that you or your covered dependents may require hospitalization or surgery, you simply show your health id card to your doctor. Request that your doctor call Trigon within three days of admission/surgery. Remember that the review is only necessary in non-emergency situations. A review nurse will assess the doctor's recommendation for admission, using locally and nationally established guidelines. The review will give consideration to the patient's age, possible medical complications, and other factors. Each review is an individualized process. If the proposed hospital admission is consistent with these criteria, as it is in most cases, Trigon will notify the doctor, hospital, health benefit plan administrator, and the patient that the hospital stay has been certified. A target date for discharge from the hospital will be recommended at the same time.
Pre-admission review is not required for emergency hospital admissions, but Trigon must be contacted on the next business day following admission.
REVIEW WHILE IN HOSPITAL
Trigon will periodically review your progress during hospitalization. The review nurse will evaluate the method of treatment, the need for continued care, and assist the physician in planning for timely discharge. You are not required to contact Crawford for concurrent care.
For maternity cases, you or your doctor should call Trigon during the first trimester for pre-admission review. If a high-risk pregnancy is identified, Trigon will be following up with the patient and physician to manage the case as needed. Trigon should be notified again by the next business day following admission to the hospital for delivery.
PSYCHIATRIC/CHEMICAL DEPENDENCY REVIEW
When your doctor recommends that you go into the hospital for any psychiatric or chemical dependency treatment, remind him that your admission must be pre-reviewed.
Re-certification is required for certain diagnostic tests to determine medical
necessity. If one of the tests or procedures listed below is recommended by your
physician, call, or ask your doctor to call Trigon.
1] ALLERGY TESTING
2] ALLERGY HYPOSENSITIZATION THERAPY
3] COLONSCOPY
4] COMPUTERIZED TOMOGRAPHY-ABDOMEN
5] COMPUTERIZED TOMOGRAPHY-BRAIN
6] COMPUTERIZED TOMOGRAPHY-SPINE
7] LAPAROSCOPOY
8] MRI-BRAIN
9]MRI-KNEE
10] MRI-SHOULDER
11] MRI-SPINE
12] OCCUPATIONAL THERAPY
13] PHYSICAL THERAPY
14] SPEECH THERAPY
15] SONOGRAM IN PREGNANCY
16] UPPER GI ENDOSCOPY
WHERE TO GET HELP
The city of charlottesville benefits administrator can help you with your health care program. call him when you have any of the following questions:
* HAVE QUESTIONS ON ENROLLMENT
* NEED A CLAIM FORM
* HAVE QUESTIONS ABOUT THE REVIEW OF YOUR CARE BEFORE YOU GO TO THE HOSPITAL.
The most important thing to stress in this section is the timely filing of your workers compensation claim with the workers compensation commission. following the immediate report of any injury or illness which maybe employment-related, a claim must be filed within two years of the injury date or diagnosis date or you will lose your lifetime medical benefits and wage benefits. use the sample claim letter format and provide all of the information necessary in order to properly "perfect" your claim. this claim letter does not mean your claim for wage and medical benefits is automatically accepted. It tolls the statute of limitations and allows you to preserve your rights under the workers compensation act until compensation is accepted or denied at a hearing. The preparation of an employer's first report of injury is not the same as the filing of a claim, even if it is sent to the workers compensation commission. If a claim letter is not filed, the claim expires on the two-year anniversary date. Subject to very few exceptions, the claim cannot be revived even if your employer initially accepted the claim and paid for your wages or medical care. You cannot receive a service-connected disability retirement unless the underlying disability is covered under the workers compensation act. The failure to timely file a workers compensation claim is the most common error made by public safety employees and often has the most serious consequences. The current wage indemnity is $451.00 per week. This tax-free subsistence payment is based on the average of the previous 52 weeks of employment, including overtime; uniform allowances; vehicle allowances; shift differentials; and even part-time or extra duty employment as long as it is substantially similar in nature to your full time work. If you are injured in your part-time position, you must be compensated for the loss of time from your regular full-time position as long as the work is substantially similar in nature. Medical expenses are paid without any deductible. As long as you have selected an approved physician or have had an approved referral, you cannot be forced to change physicians, absent a hearing before a deputy commissioner. Unpaid medical charges should be brought to the attention of the workers compensation commission by way of the sample letter requesting such assistance. If your expenses are only partially reimbursed, you are not legally responsible for payment of the unpaid balance. Mileage reimbursement is currently set at .24 per mile for visits to hospitals, physicians, or physical therapy. Recent opinions of the workers compensation commission have ruled that the mileage reimbursement also applies to job search activities and vocational rehabilitation meetings. A detailed log must be maintained and submitted for proper reimbursement. Use the sample mileage/ prescription form for guidance. Impairment ratings based on the loss of use of a body part must be given within three years of the date of the accident or within three years of the date you were last paid for a wage indemnity. You must file a claim for this payment with a supporting medical report before the expiration of the three-year anniversary date. An impairment rating can be given to any toe; finger; hand; foot; arm; leg; or for eyesight or hearing loss. There are no impairment ratings for back or neck injuries. A disfiguring scar due to injury or surgery may be compensable as impairment. Submit two or three good quality 35mm photographs of the scar area with a claim before the three-year time limit and the workers compensation commission will determine the amount of impairment payment to you. Use the sample claim letter to obtain these benefits. You cannot obtain an impairment benefit for the percentage loss of use of a body part and an impairment benefit for a scar to the same part if it arises out of the same injury. Remember that you must initially file a claim for the original injury within two years before you are eligible for any impairment rating. In recent years the claims for hypertension, heart diseases and lung benefits continued to be the most contested and expensive of all occupational disease claims. Even when the claim fell within the covered class of employees and met the requirement of obtaining the benefit of the presumption, public employers continued to deny the claims at an alarming rate. Baseless and unsupported denials have been made by public employers who continue to dispute the causal relationship between the employment and disease process, even though the presumption has already provided that link as a matter of law. These claims must continue to be aggressively pursued and litigated since the benefits potential is so great. Do not attempt to litigate these claims without the assistance of a competent attorney practicing in this area. Presumption cases frequently require the expense of retaining expert medical witnesses as well as extensive depositions. Medical evidence must be collected and evaluated in order to properly prosecute a presumption claim. For retirees, presumption claims can be filed for up to five years of the last date of employment with the public safety employer. If a death results in a suspected presumption claim, an autopsy must be done in order to prove the cause of death if the death was unattended by a physician or was very sudden or unexpected. For firefighter exposure to toxic substances and gases remains a significant area of concern. New regulations regarding the exposure of public safety employees to blood-born pathogens do not necessarily imply workers compensation coverage. Finally, for those public safety employees who may have liability claims for personal injuries, several important concepts should be remembered. All on-duty injuries, which may result in a third-party liability claim, are always covered under the workers compensation act provided the general definitions and filing requirements are met. If you intend to file a lawsuit for personal injuries arising out of an automobile accident, product failure, or even an assault and battery, you should retain an attorney who is experienced in both types of matters. Do not let an attorney ignore your workers compensation claim, as it will cost you in the loss of very important benefits. Very complicated and specialized lees govern the reimbursement of the employer for workers compensation benefits and it may result in the loss of all your benefits if the reimbursement of the workers compensation lien is not made correctly. Any injury or illness, which you suspect may be due to another party's negligence, should always be investigated. Frequently, liability laws permit you to recover directly from individuals who have injured public safety employees in claims for automobile accidents; product failures; medical malpractice; assaults and batteries; and even shootings. Insurance coverage may exist to compensate the most serious injuries based on the relationship of the party injuring the public safety employee and the location or instrumentality used. An important reminder is made for the public safety employees who have not examined their personal automobile liability policies. An on-duty accident with an uninsured motorist or one who has minimum liability coverage may result in financial disaster if your own personal policy does not adequately cover you. Virginia law requires your own automobile policy to pay if there are insufficient funds available under the original tortfeasors policy. Please make sure you carry at least $300,000/$300,000 in bodily injury protection as well as uninsured motorist protection. Questions should be directed to your agent to determine the best coverage for you. Information provided in this section compliments of Michael a Kernback attorney of law.
HEART DISEASE AND FIRE FIGHTERS BENEFITS
For more than forty years, the international association of fire fighters has been addressing the issues of fire fighters and cardiovascular disease. The IAFF has protected its members by pursuing enactment of legislation that provides protection and compensation for those fire fighters whose health has deteriorated through the performance of their fire fighting occupation. Such IAFF sponsored benefit laws have ranged from federal legislation, to provide compensation for the families of those fire fighters who die or are severely disabled in the line-of-duty, to state and provincial legislation extending retirement and/or worker compensation benefits to those who become disabled from occupational contracted diseases.
FIRE FIGHTER DEATH AND INJURY STATISTICS
The profession of fire fighting is and has always been a hazardous occupation. Each year the IAFF publishes and annual death and injury survey, and each year the hazards of fire fighting continue to exist and display ever-varied forms. During the ten year period, 1982-1992, the d&i survey has found that professional fire fighters experienced 405 line-of-duty deaths, 708 occupational disease deaths, 415,307 injuries and 7,921 forced retirements due to occupational induced diseases or injuries. Fire fighter line-of-duty fatalities have ranked fire fighting among other publicized hazardous occupations in the private sector, such as mining and construction. Of the injuries reported, approximately 80 per cent occur while at the emergency scene. Sprains and strains are the leading cause of on-duty injury followed by lacerations and contusions, burns, inhalation of hazardous materials, and eye injuries. The data showed that more than 40% of all fire fighters could be expected to be injured at least once during the course of the year. Occupational diseases such as heart disease and cancer constitute more than 90% of all reported fire fighter deaths when their occurrences are combined.
FIRE FIGHTING ENVIRONMENT
These figures only roughly scratch the surface when it comes to detailing the hazards of fire fighting. The nature of the job is so varied and extensive, often people do not truly understand what a fire fighter's job is all about. Challenges exist as building fires, vehicle accidents, hazardous materials incidents, rescues, wildland fires, explosions, chemical exposures, extreme temperature environments, infectious disease exposures, occupational disease and cancer, fire ground accidents, environmental exposures, psychological stress, noise, fitness for duty, and personal time management. Fire fighters are constantly making transitions from the calm, peaceful environment of the firehouse to the hostility presented by fire. These constant transformations from quiet to raging infernos have numerous psychological and physiological side effects. Within 15-30 seconds after the fire alarm sounds, research studies have found that a fire fighter's heart rate can increase by as much as 117 beats per minute. In addition, a fire fighter's heart beat at twice its normal rate throughout the entire fire fighting operation. These extreme physiological stresses obviously lead to severe coronary problems, which have been documented by numerous authorities. The working environment can also mean a transition from below freezing temperatures to temperatures between 100 degrees and 500 degrees fahrenheit at the fire itself. These temperature extremes can lead to frostbite along with numerous cardiovascular and pulmonary disorders such as acute circulatory collapse, hypertension, pneumonia, and bronchitis. Fire fighting involves strenuous physical activity that is made more burdensome by the protective clothing and breathing apparatus worn by the fire fighter. The equipment adds 45 to 65 pounds to his or her weight. Nevertheless, the fire fighter performs such vital activities as carrying heavy hose up flights of stairs, fighting water pressure to keep the hose directed at the flames, climbing onto rooftops carrying tools to ventilate the burning structure and so forth. When a fire destroys a residential home or an industrial factory, it represents a work environment that closely resembles, at first glance, what fire fighters faced several hundred years ago. However, technology has created a distant difference in the modern fire environment: benzene, polyvinyl chloride, asbestos, and polychlorinated biphenyl, to name a select few. These chemical compounds are commonplace ingredients in our environments as components of household furniture, plastic pipes, wall coverings, automobiles, buses, airplanes, and coverings for electrical and other insulation materials. The potential of these chemical substances to cause bodily harm to the fire fighter is dependent upon many factors at the fire scene: the level of concentration, respiratory rate and volume, time of exposure, clothing worn and type of respiratory equipment used. Unlike even human skin, which can resist certain materials, the lungs lack any protection to resist these toxic substances. In addition, these toxic materials can be absorbed by a surface area in the lungs that is forty times greater than the body's outside surface area. The health effects can be short-term or even initially nonexistent. Such exposures can and do result in long-term illnesses involving the cardiovascular system, the respiratory system, the central nervous system and other body organs. Our modern day society has contributed to many of the hazards fire fighters face. During the last two decades, the rapid proliferation of synthetic products entering the marketplace has added a new dimension to fire fighting. The proliferation of these products in our society has caught the scientific community off-guard. These are simply too many new chemicals and too few funds to research all of their potential hazards. Since the beginning of World War II, the production of synthetic chemicals has increased 350 fold. With the addition of thousands of new chemicals annually, it becomes impossible to study the carcinogenic properties of each and every one of them. The national institute for occupational safety and health registry of toxic effects of chemical substances contains more than 65,000 substances, which have been shown to produce some type of toxic effect on animals and/or humans. Niosh estimates that there are approximately 100,000 substances that may have some type of toxic effect. Fire fighters, like most workers, have little idea about the identity of many of the materials they are potentially exposed to or the hazards of such exposures. Nevertheless, fire fighters continue to respond to the scene and work immediately to save lives and reduce property damage without regard to the potential hazards that may exist. A fire emergency has no controls or occupational; safety and health standards to reduce the effect of toxic chemicals. It is an uncontrollable environment that is fought by fire fighters using heavy, bulky and often times inadequate personal protective equipment and clothing. The effect is not only physically demanding but involves exposure to air contaminants, some of which are known to cause diseases of the cardiovascular system.
HEART DISEASE STUDIES
Studies that link fire fighting with heart disease fall into three main groups--laboratory studies, field studies, and epidemiological studies. The first, animal laboratory experiments have identified exposure to noise and certain chemicals (such as the common solvent carbon disulfide; carbon monoxide; arsenic; the common combustion by-products; polycyclic aromatic hydrocarbons; and elevated levels of the stress hormone, adrenaline) to contribute to the atherosclerotic process. The second group, field studies, documents the exposure of fire fighters to these agents through industrial hygiene, biological, and physiological monitoring. Industrial hygiene data indicates that the fire environment contains a number of potentially dangerous toxins. Most frequent exposures, affecting the cardiovascular system, include carbon monoxide, polyaromatic hydrocarbons, cyanide, benzene, and hydrochloric acid. Arsenic as well as other toxic metals, organic solvents such as carbon disulfide, and many other toxins may also be present depending upon the products of combustion and conditions at the scene. Due to the highly unpredictable nature of the fire environment, it almost impossible to predict with any certainty all of the exposures that could be encountered at any given fires. Blood testing of fire fighters has demonstrated elevated levels of carboxyhemoglobin, a biological marker for carbon monoxide exposure that exceed levels found in both the smoking and non-smoking population. Increased levels of urinary catecholamines (a metabolite of adrenaline) in fire fighters following fire operations, have demonstrated increased adrenaline levels. Electrocardiographic monitoring of fire fighters performing maximal exercise without the benefit of warm up time, a situation, which mimics real conditions, suggests diminished oxygen supply to the heart during the initial stages of activity under these circumstances. The third group is epidemiological studies of fire fighters and other occupational groups. This group of studies is performed to determine if exposures actually result in elevated rates of heart disease. For example, the three epidemiological studies of fire fighters in New Jersey, Connecticut, and Toronto, have demonstrated increased mortality rates from heart disease in comparison to the general population. However, there have also been a number of other epidemologic studies that have not found an increased risk. This is due to a number of factors: * Due to statically constraints the number of individuals studied may not be sufficient to detect a difference. * The studies rely on mortality, and measure only deaths from heart disease. Differences in survivorship between an occupational group and the general population resulting from disparities in the quality and accessibility of medical care or other factors, may result in misleading about disease prevalence; * As mortality studies, the investigations rely upon death certificates, which are frequently inaccurate and may erode the ability of the study to detect real differences; * Due to the selection forces at the work place, occupational groups tend to be healthier than the general population with disease incidence significantly less than the general population. An increase in the prevalence of a medical condition arising from work place exposures may therefore-be missed with comparison to the general population. This "healthy worker effect" is accentuated with fire fighters that are extremely healthy, and has been termed the "super healthy worker effect". This problem may be controlled by using another, similar occupational group as a control. This has been accomplished in a number of studies of fire fighters using policeman as a comparison group. This may not be appropriate for the evaluation of heart disease, however, since a number of studies have also demonstrated an elevated rate of heart disease in policeman as well as fire fighters; * When studying an occupational group, certain sub-populations may be at greater risk for a disease due to differences in exposures, administrative policies, or other reasons. The ability of a study to identify and establish the increased rates in these subgroups may be limited due to statistical and study design constraints. Although not conclusive, the epidemilogic data presented above does demonstrate an association with the exposures encountered during fire fighting and an increased risk of atherosclerotic heart disease.
VIRGINIA HEART & LUNG PRESUMPTION LAW
In recognition of the casual relationship of the fire fighting occupation and heart disease, the state of Virginia (after the legislative efforts of the VA professional fire fighters association) has adopted a heart and lung presumption law. The law presumes, in the case of the fire fighters, that heart disease, hypertension, and respiratory disease, are occupational related. Consequently, the provision places the burden of proof to deny workers compensation claim benefits on the fire fighters employer.
VIRGINIA CANCER PRESUMPTION LAW
The Virginia cancer presumption law establishes the same criteria as the heart and lung law, except that the fire fighter must be employed for a period of twelve years of continuos service. There are five types of cancer that are covered, leukemia or pancreatic, prostate, rectal, throat cancer.
PUBLIC SAFETY OFFICERS BENEFITS
The public safety officers benefits act provides a $ 100,000 benefit to the eligible survivors of a public safety officer whose death is the direct and proximate result of a traumatic injury sustained in the line of duty.* the act also provides the same benefit to a public safety officer who has been permanently and totally disabled as the direct result of a catastrophic personal injury sustained in the line of duty. To qualify, the injury must permanently prevent the officer from performing any gainful work. * The benefit was increased from $50,000 to $ 100,000 for deaths occurring on or after June 1, 1988. Beginning on October 1, 1988, and on each October 1st. Thereafter, the benefit will be adjusted by the percentage of change in the consumer price index.
ELIGIBLE PUBLIC SAFETY OFFICERS
A public safety officer is a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, fire fighter, or member of a public rescue squad or ambulance crew. Law enforcement officers include but are not limited to police, corrections, probation, parole, and judicial officers. Volunteer fire fighters and members of volunteer rescue squads and ambulance crews are covered if they are officially recognized or designated members of legally organized volunteer fire, rescue, or ambulance departments. A public safety officer's death or total and permanent disability must result from injuries sustained in the line of duty. " Line of duty" means any action that the public safety officer is authorized or obligated to perform by law, rule, regulation, or condition of employment or service. If law enforcement, fire suppression, rescue, or ambulance service is not a person's primary function, then to be covered by this act, that person must be engaged in his or her authorized law enforcement, fire suppression, rescue, or ambulance duties when the fatal or disabling injury is sustained.
ELIGIBLE SURVIVORS
Once the U.S. department of justice approves a claim for death benefits, the benefit will be paid in a lump sum as follows: * If there is no surviving child of the deceased officer, to the surviving spouse.
* If there is a surviving child or children and a surviving spouse, one-half to the
child or children in equal shares and one-half to the surviving spouse.
* If there is no surviving spouse, to the child or children of the officer in equal
shares.
* If none of the above, to the parent or parents of the officer in equal shares.
* An eligible survivor for a benefit to be paid must survive a public safety officer.
Under the act, public safety officers cannot name their own beneficiaries.
* Under the act, "child" means any natural, illegitimate, adopted, or posthumous
child or stepchild of a deceased public safety officer who, at the time of the public
safety officer's death, is:
* 18 years of age or younger
* 19 through 22 years of age, who has not completed 4 years of education beyond high
school, and who is pursuing a full-time course of study or training.
* 19 years of age or older and incapable of self-support because of a physical or mental
disability.
LIMITATIONS AND EXCLUSIONS
The following are exclusions to benefits. No benefit can be paid:
* If the death or permanent and total disability was caused by the intentional
misconduct of the public safety officer or the officer intended to bring about his or her
own death or permanent and total disability.
* If the public safety officer was voluntarily intoxicated at the time of death or
permanent and total disability.
* To a claimant whose actions were a substantial contributing factor to the death of the
public safety officer
* To military law enforcement officers, fire fighters, rescue squads, ambulance crews, or
to any of their survivors. Deaths or permanent and total disabilities resulting from
stress and strain, occupational illness, or chronic, progressive, or congenital disease
such as heart or pulmonary disease, are not covered by the act unless there is a traumatic
injury that is a substantial factor in the death or permanent and total disability.
Medical proof of the traumatic injury, such as a blood test for carbon monoxide, may be
essential for coverage in such cases.
REDUCTION OF BENEFITS
State and local benefits should not be reduced by benefits received under the psob statue. The psob benefit is not reduced by any benefit that may be received may be received at the state or local level. The benefit is reduced by certain payments made under the District of Columbia code and may reduce benefits under section 8191 of the federal employees' compensation act.
INTERIM PAYMENT
After the department of justice determines a need and prior to the final action of paying a death benefit, an interim benefit payment not exceeding $ 3,000 may be made to the eligible survivors.
TAX EXEMPTION
The act ensures that the benefit will not be subject to execution or attachment by creditors. The internal revenue service has ruled that the benefit is not subject to federal income tax (revenue ruling no. 77-235, irb 1977-28) or to federal estate tax (revenue ruling no 79-397).
ATTORNEY FEES
The public safety officers benefits act of 1976 (public law 94-430) authorizes the department of justice to prescribe the maximum fee that a representative may charge a claimant for services rendered in connection with any claim before the bureau of justice assistance. Contracts for a stipulated fee and contingent fee arrangement are especially prohibited by the psob regulations, 28 cfr 32.22 (b). The department of justice assumes no responsibility for payment of any attorney fees.
FILING A CLAIM
Eligible survivors or disability claimants may file claims directly with the department of justice or through the public safety agency, organization, or unit in which the public safety officer served. Normally, the public safety agency provides the information that enables the department of justice to determine whether the circumstances of the death or permanent and total disability entitle a claimant to a benefit payment. The public safety agency prepares a report of public safety officers or permanent and total disability claim form to accompany the claims. The department of justice will make the final determination on whether and to whom a benefit should be paid.
The grievance procedure is available for the use of all regular employees who have completed probation. Probationary employees do not have a vested employment rights and may not use the grievance procedure to appeal suspensions, demotions, dismissals or other disciplinary actions or decisions regarding g the continuation of their employment or probationary status, but may initiate grievances for other matters set forth in section 13.3 of the city's grievance procedure manual.
TIME FRAMES
For purposes of this regulation the term "calendar days" means a period of time during consecutive calendar days. If a final day for taking action falls on a Saturday, Sunday or legal holiday, the next following business day will be the deadline for purposes of this grievance policy. Time frames may be extended by mutual agreement of the employer and the grievant. In the event the parties cannot agree on time frames they may ask the director of human resources or his/her designee to help them reach an agreement.
GRIEVANCE DEFINITION
Grievance is a complaint or dispute by an employee relating to his/her employment.
A. disciplinary actions, including dismissals, disciplinary demotions, and suspensions,
provided that the dismissals shall be grievable whenever resulting from formal discipline
or unsatisfactory job performance.
B. the application of personnel policies, procedures, rules, and regulations.
C. acts of retaliation as the result of utilization of the grievance procedure or
participation in the grievance of another employee.
D. complaints of discrimination on the basis of race, color, creed, political affiliation,
age, disability, national origin, sex, or sexual harassment.
E. acts of retaliation because the employee has complied with any law of the untied states
or of Virginia, has reported any violation of such law to a governmental authority, or has
sought any change in law before the national or state legislative bodies.
The city retains the exclusive right to manage the affairs and operations of
government. therefore, the following complaints are nongrievable.
a: establishment and revision of wages or salaries, position classifications 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 the job content.
c: the 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, with
due regard to safety, legality and ethics.
f: except where such action affects an employee who has been reinstated within the
previous six months as the result of the final determination of a grievance, termination,
layoff, demotion or suspension from duties because of lack of work, reduction in work
force, or job abolition. g: the hiring, promotion, transfer, assignment and retention of
employees within the city service. h: the relief of employees from duties of the city in
emergencies. in any grievance brought under the exception to item 13.4(f) of the city
policies, the action shall be upheld upon a showing by the city that:
1: there was a valid business reason for the action and
2: that the employee was notified of the reason in writing prior to the effective date of
the action.
GRIEVABILITY QUESTIONED
Decisions regarding grievability and access to the procedure shall be made by the city manager or his/her designee, at any time prior to the hearing before the personnel appeals board at the request of the city or the grievant, within ten calendar days of the request. a copy of the ruling will be sent to the grievant. the decision of the city manager may be appealed by the grievant to the circuit court for a hearing on the issue of whether the grievance qualifies for a panel hearing. proceedings for review of the decision of the city manager or his/her designee may be instituted by the grievant by filing a notice of appeal with the city manager within ten calendar days from the date of receipt of the decision and giving a copy thereof to all other parties. within ten calendar days thereafter, the city manager or his designee shall transmit to the clerk of the court a copy of the decision of the city manager, 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 city manager or his/ her designee to transmit the record shall not prejudice the rights of the grievant. the court, on motion of the grievant, may issue a writ of certiorari requiring the city manager to transmit the record on or before a certain date. the court, under provisions of sec. 15.1-7.2 of the code of Virginia, shall hear the appeal within thirty days, and render its decision no later than the fifteenth day from the date of the conclusion of the hearing. the decision of the court is final and is not appealable.
After a grievance is committed to writing, failure or either party to comply with all substantial procedural requirements of the grievance procedure, including the panel hearing, without just cause shall 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 seven calendar days of receipt of written notification by the other party of the compliance violation. such written notification by the grievant shall be made to the city manager or his/her designee. the city manager or his/her designee may require a clear written explanation of the basis for just cause extensions or exceptions. the city manager of his/her designee shall determine compliance issues. compliance determinations made by the city manager are subject to judicial review by filing a petition with the circuit court within thirty days of the compliance determination.
STEP 1: the employee who has a grievance must discuss the problem directly with the immediate supervisor within twenty calendar days after the occurrence which prompts the grievance. the supervisor shall give serious attention to the grievance, and must give the employee an answer within seven calendar days. if the reply of the immediate supervisor does not resolve the grievance, the employee shall talk to the division head, if there be one, about the matter within seven calendar days after hearing from the immediate supervisor. if the answer at this level does not clear up the dispute, or if there is no reply within seven calendar days, the employee may follow step 2.
STEP 2: the grievant shall send a written statement of the grievance to the department head within seven calendar days after the completion of step 1, using forms available in the department of human resources. this statement must include the condition or practice which is grieved, what attempts have been made to resolve the issue and what solution is asked. the department head shall, within seven calendar days, conduct a personal face-to-face meeting with the grievant, and each party may have witnesses. in the event of witnesses, a decision must be made by the grievant and the department head as to whether all will be present for the entire meeting or whether all will be excluded except for the period of their statements. neither party may normally have assistance from a third party. a written reply by the department head shall be given to the grievant within seven calendar days after the meeting.
STEP 3: if the response at the department head level does not resolve the grievance, the grievant may request in writing to the city manager within ten calendar days after completion of step 2, a review and resolution of the grievance. the department head shall provide the city manager a copy of the grievance statement and the department head's written reply. the city manager or his/her designee shall conduct a face-to-face meeting with the grievant within ten calendar days after receipt of the request. the grievant may invite an individual of his/her choice to participate as an advisor or representative. if an attorney is selected as that representative, the department head may also have legal counsel present. witnesses will be handled as in step 2. the city manager shall give the grievant a written answer to the grievance within ten calendar days after the conclusion of the meeting. any question of grievability of the issues must be raised prior to the completion of this step.
STEP 4: if step 3 fails to resolve the grievance, the grievant may, within seven calendar days after completion of step 3, request in writing addressed to the director of human resources a hearing before the personnel appeals board. the personnel appeals board has been established by sec. 20-4 and 20-5 of the city code to be the final authority to rule on grievances. the personnel appeals board shall be notified to the request for a hearing and shall within seven calendar days set a time for the hearing, which shall be held as soon as practicable. all parties are forbidden to discuss, or communicate in any way, details of the grievance with board members prior to the hearing. the director of human resources will provide the board with copies of the grievance record prior to the hearing, and provide the grievant with a list of the documents furnished to the board. the grievant and his/her representative shall be allowed access to and copies of all relevant files intended to be used in the grievance proceeding at least ten calendar days prior to the hearing. the grievant may have present at the hearing a representative at his or her own expense, and the city may be represented by its counsel. the decision of the personnel appeals board will be made in writing within 14 calendar days after the hearing, and will be issued to the grievant or his or her representative, the department head, the city attorney and the city manager. it shall be final and binding and consistent with law and written policies. any question of whether the relief granted by the personnel appeals board is consistent with written policy shall be determined by the city manager or his/her designee, unless such person has had a direct personal involvement with the event or events which gave rise to the grievance, in which case the decision will be made by the commonwealth's attorney. either party may request the board to interpret its ruling, or to reopen the hearing to accept additional testimony. such request must be made in writing through the director of human resources within seven calendar days after receipt of the decision. upon request of such a request, the board must decide by majority vote within seven calendar days whether to interpret its ruling or to reopen the hearing. if the request is honored, the board will set a date to deal with the request as soon as practicable, and must render a written decision within seven calendar days after its resultant meeting. either party may petition the circuit court for an order requiring implementation of the boards decision.
RULES FOR PANEL HEARING
The members of the personnel appeals board will select one of their members as chairperson, and that person will preside at their meetings and hearings. the board is governed by the following hearing rules, and may adopt supplementary others at their discretion in order to facilitate fair and expeditious hearings.
1: both the grievant and the employer may call upon appropriate witnesses and be
represented by legal counsel or other representatives at the board hearing. such
representatives may examine, cross-examine, question and present evidence on behalf of the
grievant or the employer before the panel.
2: the board does not have authority to formulate policies or procedures or to alter
existing policies or procedures.
3: the board 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.
4: the board has the authority to determine the admissibility of evidence without regard
to 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.
5: all evidence will be presented in the presence of the board and the parties, except by
mutual consent of the parties.
6: documents, exhibits and lists of witnesses shall be exchanged between the parties in
advance of the hearing.
7: the majority decision of the board, acting within the scope of its authority, is final
and binding, subject to existing polices, procedures and law.
8: hearings are not intended to be conducted like proceedings in courts, and rules of
evidence do not necessarily apply.