05-02-2016 BOS Regular Meeting Agenda PKTmlrd& !� 44r,
BOARD PACKET
BOARD OF SUPERVISORS
REGULAR MEETING
MAY 2, 2016
767
P1
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
REGULAR MEETING
MONDAY, MAY 2, 2016
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call
Barber Hagerman Blackstock Davis Scearce Warren Barksdale
3. Moment of Silence
4. Pledge of Allegiance
5. Items to be added to the Agenda
(a) Fire & Rescue Apparatus Appropriation — Request from Fire & Rescue Association
Pages: 8 -9
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
APPROVAL OF AGENDA
Motion: Barber Hagerman Blackstock
Second: Barber Hagerman Blackstock
Davis
Davis
Scearce
Scearce
Warren Barksdale
Warren Barksdale
HEARING OF CITIZENS
CONSENT AGENDA
6. (a) Minutes — April 4, 2016 — Regular Meeting Pages: 12 -37
April 19, 2016 — Adjourned Meeting Pages: 38 -62
(b) Bill List — April 2016 (Online)
(c) Proclamation - Guillain -Barre Syndrome /Chronic Inflammatory Demyelinating
Polyneuropathy (GBS /CIDP) Awareness Month; May 2016 Pages: 63 -64
(d) Revised Section 125 Flexible Benefit Plan Adoption Agreement Pages: 65 -99
(e) Proclamation — National Police Week: May 15 -21, 2016 Pages: io0 -1ol
(f) Proclamation — National Teacher Appreciation Week; May 2 -6, 2016 Pages: 102 -103
(g) Resolution of Recognition — Edward Blount Pages: 104 -105
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
UNFINISHED BUSINESS
7. Expenditure Refunds — March 2016 At the April 19, 2016 Adjourned Meeting, a motion
was made by Mr. Warren, seconded by Mr. Blackstock that required a 10 -Day Layover
that has now been met. Roll Call Vote required. Pages: 107 -110
Boll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
Comments:
8. Appropriation for Professional Services and Approval of Scope of Work— Springsted,
Inc. Roll Call Vote required. Pages. 111 -112
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
Comments:
NEW BUSINESS
9. Recommendations from Legislative Committee and Request to Set Public Hearing— The
Legislative Committee met on Thursday, April 21, 2016 and recommendations from
that meeting will be presented to the full Board of Supervisors. Pages: 114 -129
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Comments:
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Comments.
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Comments:
10. Revised County Employee Personnel Plan Pages: 130 -203
Roll Call Vote
Y N A Comments:
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
11. Donation of Surplus Vehicles to Piedmont Training Academy - Roll Call Vote required.
Pages: 204 -205
Roll Call Vote
Y N A Comments:
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
12. Community Foundation Grant Appropriation - Roll Call Vote required. Pages: 206 -207
Roll Call Vote
Y N A Comments:
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
13. Georges Lane Road Abandonment Pages: 208 -213
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
Comments:
14. Banister River Extension — Virginia Treasures Designation Sign Pages: 214 -221
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Comments:
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM COUNTY ADMINISTRATOR
1. Buildings /Grounds April 2016 Reports: Pages: 225 -226
2. Animal Control April 2016 Reports: Pages: 227 -228
3. Update on Mountain Valley Pipeline Project: Pages: 229 -230
4. Code Compliance April 2016 Report: Page: 231
ADJOURNMENT
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Time:
TO BE ADDED
P7
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE:
Fire & Rescue Apparatus Appropriation — Request
from Fire & Rescue Association
Fire & Rescue Apparatus Appropriation — Request
from Fire & Rescue Association
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
05 -02 -2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
INFORMATION:
ITEM NUMBER:
5(a)
INFORMATION:
ATTACHMENTS-
1) Letter from Dean Fowler, Fire & Rescue Association
President /i�
RF.VIF.WF.D RV! (J /
BACKGROUND:
Currently the Fire & Rescue Association owns a 1994 Chevrolet Step Van with high mileage that was
bought used by the Association. The truck was used for a breathing air refill unit and a rehab unit for fire
operations. This truck has been out of service for approximately 18 months due to a blown engine. Mr. Fowler,
President of the Fire & Rescue Association, has had Diesel Engine and Repair appraise the repair work needed and
the repair shop recommended the vehicle be replaced as the cost of the repairs would exceed the value of the truck
in running condition.
DISCUSSION:
The Fire & Rescue Association, during the Board's budget process, had requested last year's carryover of
$124,178.80 to be designated for replacing this vehicle. The Fire & Rescue Association did a needs assessment, as
had the Fire & Rescue Study Committee from the State, and both agreed this vehicle be replaced with a rescue
truck that would serve multiple functions, included but not limited to special operations team equipment, the air
refill system, and other technical rescue and rehab equipment for personnel at large scale incidents. This vehicle
would be housed at Blairs Fire Department as the previous truck.
The Fire & Rescue Association has located a prospective truck in Lancaster, Pennsylvania that the
Association feels will meet its needs. The truck is a 2003 Pierce Rescue truck with 59,000 miles and the asking
prices is $195,000. The Fire & Rescue Association is requesting additional funding of $75,000 to purchase this
vehicle.
Staff submits this to the Board of Supervisors for their review, consideration and approval. A 10 -Day Layover is
required.
P8
PITTSYLUANIA COUNTY
FIRE AND RESCUE ASSOCIATION
"SO THAT OTHERS CAN LIVE"
Background ; Currently the county fire and rescue association owns a 1994 Chevrolet Step van
(that was previously a Lance cracker delivery truck) with high mileage. The truck
was used for a breathing air refill unit and a rehab unit for fire operations. This
truck has been out of service for approximately 18 months with an engine that is
blown up. I have had Diesel Engine and Repair take a look at the vehicle and they
gave me a recommendation of replacing rather than fixing because the repairs
would exceed the value of the truck in running condition.
Discussion ; All that being considered Fire and Rescue requested the boards authorization last year
carryover $ 124,178.80 to be designated for replacing this vehicle. The fire and rescue
done a needs assessment as did the fire and rescue study committee from the state and
it is the recommendation from both parties that we replace this vehicle with a rescue
truck that would serve multiple functions. In reviewing this project we have decided
to try to put a vehicle in place that will carry the special operations team equipment,
the air refill system, other technical rescue equipment and rehab equipment for
personnel at large scale incidents. This vehicle will be housed at Blairs Fire
Department as was the previous truck.
The fire and Rescue Association has found a perspective truck in Landcaster
Pennsylvania that we feel will fill the void. The truck is a 2003 Pierce Rescue truck
with 59000 miles on it. The asking price is $ 195,000.00. We would like to request
funding in the amount of $ 75,000.00 additional funding to purchase this vehicle.
Your attention to this matter is greatly appreciated,
Dean Fowler,
Fire and Rescue Association President
P9
HEARING OF
CITIZENS
P10
CONSENT
AGENDA
P11
Adjourned Meeting
April 4, 2016
Pittsylvania County Board of Supervisors
Monday, April 4, 2016
Adjourned Meeting
VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was
held on Monday, April 4, 2016 in the General District Courtroom of the Edwin R. Shields Addition in
Chatham, Virginia. Jessie L. Barksdale, Chair, called the meeting to order at 7:00 p.m. The following
members were present:
Jessie L. Barksdale
Elton W. Blackstock
Tim Barber
Ronald S. Scearce
Jerry A. Hagerman
Robert W. Warren
Joe B. Davis
Banister District
Staunton River District
Tunstall District
Westover District
Callands- Gretna District
Chatham - Blairs District
Dan River District
Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Ms.
Kim Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk to the Board were
also present.
Mr. Barksdale led the Moment of Silence, and then the Pledge of Allegiance.
Approval of Aeenda
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the agenda, which
was unanimously approved by the Board.
Hearin¢ of the Citizens
Richard Shumate of the Westover District offered a word of prayer. Mr. Shumate then
commented that instead of finding more ways to spend money the Board should look for more ways
to cut the budget, like scaling back on the plans for the proposed animal shelter and planning for a
new jail
Dr. Julie Brown, of the Chatham - Blairs District, and Rachel Covington, thanked the Board for
their support by having on the Consent Agenda a Proclamation supporting April 5a' as County Day
for Recognition of National Service.
This concluded the Hearing of the Citizens.
Mr. Barksdale acknowledged the attendance of the Honorable Mike Taylor, Sheriff, and
Laurie Moran, Executive Director of the Danville - Pittsylvania County Chamber of Commerce.
Consent Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Consent
Agenda, which was approved by the Board of Supervisors.
(a) Minutes: March 7, 2016 — Regular Meeting
March 15, 2016 — Adjourned Meeting
March 21, 2016 — Public Hearings: FY2016/17 School & County
Budgets
P12
Adjourned Meeting
April 4, 2016
(b) Bill List — March 2016 (Online)
(c) Proclamation — National County Government Month: April 2016
(d) Proclamation —National Animal Control Appreciation Week: April 10 -16, 2016
(e) Proclamation— National Public Safety Telecommunications Week: April 10 -16, 2016
(f) Proclamation — National Child Abuse Prevention Month: April 2016
(g) Resolution — VDOT Rural Rustic Road: Cooksburg Road; Information Revision to
Resolution 2013 -08 -04
(h) Proclamation — County Day of Recognition of National Service — April 5, 2016
Mr. Blackstock's motion was unanimously approved by the Board.
Vittolbania Countp 38oarb of 6uperbi orb
Proclamation
NATIONAL COUNTY GOVERNMENT MONTH
April 2016
"Safe and Secure Counties"
Whereas, the nation's 3,069 counties serving more than 300 million Americans provide essential
services to create healthy, safe, vibrant and economically resilient communities; and
Whereas, Pittsylvania County and all counties take pride in their responsibility to protect and
enhance the health, welfare and safety of its residents in efficient and cost - effective ways; and
Whereas, through National Association of Counties (NACo) President Sallie Clark's "Safe and
Secure Counties" initiative, NACo is encouraging counties to focus on strengthening the safety and
security of their communities; and
Whereas, in order to remain healthy, vibrant, safe and economically competitive, America's counties
provide public health, justice, emergency management and economic services that play a key role in
everythingfrom resident's daily lives to disaster response; and
Whereas, each year since 1991 the National Association of Counties has encouraged counties across
the country to actively promote their own programs and services to the public they serve; and
Whereas, Pittsylvania County has invested in creating healthy, vibrant and economically resilient
communities for its citizens in providing public health, justice, emergency management and economic
services; then
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby
proclaim April 2016 as National County Government Month and encourage all county officials,
employees, schools and residents to participate in county government celebration
activities.
P13
Adjourned Meeting
April 4, 2016
joittoylbanta Couutp 36oarb of 6uperbigoro
Prodamatiou
NATIONAL ANIMAL CONTROL APPRECJATION WEEK
April 10th —April 16', 2016
Whereas, the National Animal Control Association has designated the second week in April
each year as Animal Control Appreciation Week; and
Whereas, the various Federal, State, and Local Government Officials throughout the Country
take this time to recognize, thank and commend all Animal Control Officers for the dedicated service
they provide to the Citizens, various Public Safety, Public Service Agencies and Departments
throughout the Country; and
Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere
thanks and appreciation for the outstanding service the Pittsylvania County Animal Control
Department who risk their lives and spend huge amounts of personnel resources including time away
from family and friends while serving the public like all other public safety and law enforcement
agencies involved and empowered with the same duties; and
Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal
Control Officers for the many dedicated and long hours of service they perform in serving this
community, and for fulfilling their commitment to providing the highest and most efficient level of
service; and
Whereas, the Pittsylvania County Board of Supervisors wishes to commend each and every
Animal Control Officer for their service, which is in keeping with the long and distinguished tradition
of the Animal Control Profession; then
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pittsylvania County Board of
Supervisors officially recognize and proclaim the week of April 10`h through 16'h, 2016 as National
Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and
Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation
for the many long hours of outstanding service and quality performance these outstanding individuals
provide throughout the year to assure the safety and welfare of all.
P14
Adjourned Meeting
April 4, 2016
Vittoplbania Countp Jgoarb of 6uperbi5or.5
i9rodamatfon
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
April 10'— 16'h, 2016
Whereas, emergencies can occur anytime that require police, fire or emergency medical
services; and
Whereas, when an emergency occurs the prompt response ofpolice officers, firefighters and
paramedics is critical to the protection of life and preservation ofproperty; and
Whereas, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone the Pittsylvania County E -911
Communications Center: and
Whereas, Public Safety Dispatchers are the first and most critical contact our citizens have
with emergency services; and
Whereas, Public Safety Dispatchers are the single vital link for our police officers and
firefighters by monitoring their activities by radio, providing them information and insuring their
safety; and
Whereas, Dispatchers in Pittsylvania County Emergency Management have contributed
substantially to the apprehension ofcriminals, suppression offcres and treatment ofpatients; and
Whereas, each dispatcher, the unseen individual providing a calm voice when emergencies
arise, has exhibited compassion, empathy, and professionalism, keeping our county and citizens safe,
and providing moral support to citizens in distress; and
Whereas, each dispatcher has exhibited compassion, understanding and professionalism
during the performance of their job in the past year; then
THEREFORE, BE IT HEREBY PROCLAIMED that the Pittsylvania County Board of
Supervisors proclaims the week of April 10m through 16`h, 2016 to be National
Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose
diligence and professionalism keep our County and citizens safe.
P15
Adjourned Meeting
April 4, 2016
Vftt!6pCbania Countp Jgoarb of 6uperbiao
,proctarnation
NATIONAL CHILD ABUSE PREVENTION MONTH
April, 2016
Whereas, regardless of who they are or the circumstances of their birth, every child deserves care
and to be kept safe from harm; and
Whereas, April is Child Abuse Prevention Month; and
Whereas, during Child Abuse Prevention Month, Virginians are reminded of the courage it takes to
raise a child and that fundamental human rights means living free from violence and abuse; and
Whereas, child abuse is considered to be one of our nation's most serious public health problems,
with scientific studies documenting the link between the abuse and neglect of children and a wide
range of medical, emotional, psychological, and behavioral disorders; and
Whereas, child abuse can disrupt early brain development, and serious chronic stress can impair the
development of nervous and immune systems; and
Whereas, keeping children safe from abuse means playing an active role in their life, having check -
ins, and teaching them the warning signs of abuse and how to protect themselves; and
Whereas, empowering our children and providing them with safe places to live, learn, and play is
vital to keeping them safe from harm; and
Whereas, Pittsylvania County remains committed to sustaining safe, nurturing, and supportive
environments within its communities for families raising children; and
Whereas, effective child abuse prevention programs succeed because of partnerships between
families, social services agencies, schools, faith communities, civic organizations, law enforcement
agencies, and the business community; and
Whereas, displaying a pinwheel during the month of April will serve as a positive reminder that
together we can prevent child abuse and neglect and in doing so keep children safe; then
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pittsylvania County Board of
Supervisors does hereby recognize April, 2016 as National Child Abuse Prevention Month in
Pittsylvania County.
P16
Adjourned Meeting
April 4, 2016
Pittolbaufa Couutp 38oarb of *uperbiarg
RESOLUTION
2016 -04 -02
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the
General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on
Monday, April 4, 2016, the following resolution was presented and adopted:
WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard surfacing of certain
unpaved roads deemed to qualify for designation as a Rural Rustic Road; and
WHEREAS, any such road must be located in a low- density development area and have no
more than 1,500 vehicles per day; and
WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia ( "Board ") desires to
consider whether Route 644 (Cooksburg Road), From: Oxford Road/State Route 750 to a point 2.29
miles west of Route 750 at the end of existing pavement, a distance of 2.29 miles; should be
designated a Rural Rustic Road; and
WHEREAS, the Board is unaware of pending development that will significantly affect the
existing traffic on this road; and
WHEREAS, the Board believes that this road should be so designated due to its qualifying
characteristics; and
WHEREAS, this road is in the Board's six -year plan for improvements to the secondary
system of state highways.
NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard
surfaced and, to the fullest extent prudent, be improved within the existing right -of -way and ditch -
lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic
character along the road in their current state.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the
Virginia Department of Transportation Residency Administrator.
P17
Adjourned Meeting
April 4, 2016
Pittopibama Countp JgOarb of *nprrbi!6Drs
Proclamation
COUNTY DAY OF RECOGNITION FOR NATIONAL SERVICE
April 5, 2016
Whereas, service to others is a hallmark of the American character, and central to how we meet our
challenges; and
Whereas, the nation's counties are increasingly turning to national service and volunteerism as a
cost- effective strategy to meet county needs; and
Whereas, participants in AmeriCorps and Senior Corps address the most pressing challenges facing
our cities, towns, and counties, from educating students for jobs of the 213` century and supporting
veterans and military families to providing health services, and helping communities recover from
natural disasters; and
Whereas, national service expands economic opportunity by creating more sustainable resilient
communities and providing education, career skills, and leadership abilities for those who serve; and
Whereas, national participants of all ages and backgrounds serve in Pittsylvania County, providing
vital support to county residents and improving the quality of life in our county, and bolstering the
civic, neighborhood, and faith -based organizations that are so vital to our county's economic and
social well- being; then
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby
proclaim April 5, 2016 as County Day of Recognitionfor National Service, and encourage all
citizens to recognize the positive impact of national service in our county, and thank those who serve;
and to find ways to give back to their communities.
Unfinished Business
At the March 7, 2016 meeting a motion was made by Mr. Barber, seconded by Mr. Hagerman,
for a reappropriation of $41,184.32 as follows: $200.00 to Clerk of Court- Copier Lease (100 -4-
021600- 60051), $538.50 to Sheriff - Printing (100 -4- 031200 - 3500), $74.63 to Sheriff - Postage (100 -4-
031200- 5210), $43.74 to Sheriff-Office Supplies (100 -4- 031200- 6001), $4,700.00 to Sheriff - Rental
(100 -4- 031200 - 6005), $240.49 to Sheriff -Fuel, $697.80 to Sheriff -Parts (100 -4- 031200 - 6030),
$380.00 to Sheriff -Labor (100 -4- 031200 - 6031), $33.23 to VFD- United Way Contribution (100 -4-
032200- 5667), $418.10 to Extradition (100-4-033100-5550), $106.90 to Jail -Food Supplies (100 -4-
033100- 6002), $10,542.54 to E911- Telephone (100 -4- 035500 - 5230), $507.00 to B &G- Boiler
Insurance (100-4-043100-5301), $3,933.00 to B &G -Fire Insurance (100 -4- 043100 -302), $250.00 to
CSA- Training & Education (100 -4- 053500 - 5540), $260.00 Library - Postage (100 -4- 073100 - 5210),
$797.00 to Library - Office Supplies (100 -4- 073100 - 6001), $11.08 to Library - Furniture &Fixtures
(100 -4- 073100- 6003), $500.00 to Library -Books & Subscriptions (100 -4- 073100- 6012), $14,429.42
to WIA -Rent (251 -4- 353853- 6014), $2,500.00 to WIA -Other Operating (251 -4- 353878- 6014),
P18
Adjourned Meeting
April 4, 2016
$20.89 to SW Disposal - Telephone (520 -4- 042400 - 5230). This motion required a 10 -Day Layover
that had now been met. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce -Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr.
Barksdale -Yes. Mr. Barber's motion was unanimously approved by the Board.
At the March 7, 2016 meeting a motion was made by Mr. Blackstock, seconded by Mr.
Barber, to appropriate $37,934 from unappropriated funds to line item 520 -4- 042400 - 603400 for the
purpose of repairing the 836G Caterpillar Compactor used as a backup machine to achieve the
compaction rates and provide daily cover of the landfill required by the DEQ. This motion required a
10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber -
Yes; Mr. Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce -Yes; Mr. Davis -Yes; Mr. Warren -Yes;
and Mr. Barksdale -Yes. Mr. Blackstock's motion was unanimously approved by the Board.
New Business
Mr. Monday explained the Pittsylvania County Board of Supervisors held a public hearing for
citizen input on the school's budget. A public hearing was held on Monday, March 21, 2016 to allow
citizens to comment on the proposed FY 2016/17 Pittsylvania County Public Schools Budget with a
proposed total of $91,489,633. This public hearing was advertised in the Chatham Star Tribune on
March 9, 2016, which met the requirement of State Code §15.2-2506 concerning publication and
notice. The required 7 days had passed and the budget could be voted on at this time, should that be
the Board's desire. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the
school budget as presented:
P19
Adjourned Meeting
April 4, 2016
2016 -2011 Proposed Budget
Increase/ Percentage
2014.2015 2015.2016 2015.2016 2015.2016 Proposed Decrease Increasel
Total Original '"Budget Total Budget In 2015.2016 Decrease
Budget Budget Adjustments Budget 2015.2016 Budget
REVENUES
From Sales Tax funds
9,278,215
9,638,784
9,638,784
10,185,738
546,954
5.3
From Slate Funds
48,416,834
48,056,835
48,056,835
50,189,397
2,132,562
4.4%
From Federal Funds
8,827,194
8,195,423
82,832 8,278,255
7,866,361
(411,894)
•5.0%
From Local Funds'
16,482,595
16,910,298
16,910,298
16,736,709
(173,589)
-1,0%
From Omer Funds
4,922,270
1,697,663
904,011 2,601,674
1,445.024
(1,156,650)
-44.5%
TOTAL
87,927,109
84,499,003
986,843 85,4650
86,423,229
937,383
1.1%
EXPENDITURES
Instruction
62,988,328
61,238,430
591,627
61,830,057
62,216,811
386,154
0.6%
General Support
3,201,258
3,219,621
17,069
3236,690
3,370,527
133,838
41%
Pupil Transportation Services
7,020,773
6,123,227
130,249
6,253,476
6,634,246
380,770
6.1%
Operation BMaintenance
8,555,806
1,980,840
201,066
8,181,906
7,984,335
(217,571)
-2.7%
NorrinstruclionalOperations
3,373,583
3,256,1D6
34,832
3,290,938
3,412,865
121,926
37%
1 Wo%
Facilities
Technology
2,787,361
2,680,779
12,000
2,692,779
2,824,445
131,666
4.9%
TOTAL
87,927,109
84,499,003
986,843
85,485846
86,423,229
937,383
1.1%
'Budget Adjustments includea carryouerof $1,194,156.49($12,501.28forHIS All Grant, $185,579.24 for DRF Gramfor STEM Academy,
$747,713.06 for Textbooks, $37,297.14 for Virginia Pre - School Program, and $201,065.78 for maintenance projects), $34,832.49 for Federal FFV grant,
$48,000 for federal SPED anfltlel lGants, ($331,0002) DRFGrant forSTEM and $ S0, 8S4. 02 for miscellaneous grant, donations and refund adjustments.
'local request for 2016.2017 includes a cut of $349,992.00 from the request per BOS.
T
P20
Adjourned Meeting
April 4, 2016
The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman-Yes; Mr. Blackstock-
Yes; Mr. Scearce -Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr. Blackstock's
motion was unanimously approved by the Board.
Mr. Monday explained that on March 21, 2016, the Board of Supervisors had held a duly
advertised public hearing for citizen input on the proposed FY 2016/17 Pittsylvania County Budget.
Pittsylvania County Budget with a proposed total budget of $175,800,032. This public hearing was
advertised in the Chatham Star Tribune on March 9, 2016, which met the requirement of State Code
§ 15.2 -2506 concerning publication and notice. The required 7 days had passed and the budget could
be voted on at this time, should that be the Board's desire. Mr. Monday continued explaining that the
total budget was $175,800,032. This budget included a new compactor site in Keeling; the initial
expenses of reassessment; the 1% VRS Mandate; a 2% COLA for full -time County employees and
Constitutional employees; the tourism project with the Danville - Pittsylvania Chamber of Commerce
and the City of Danville; and the principal plus interest payment to start paying down the remaining
$15 million (to be paid over a 15 -year period) of High School Construction capital costs. The County
Budget, which includes the School Budget in the amount of $91,489,633, provides the schools with a
local appropriation of $16,736,709. It also authorizes up to $349,992 in carryover funds from FY16
to the FY17 School Operating Budget, contingent upon such savings in the current fiscal year's
School Operating Budget. This would provide level local funds for education to accompany
additional funding included in the State Budget. Other important budget items include: the
authorization for Fire & Rescue to carryover up to $160,000 of unexpended funds from FY16 to
FYI to be used for training and communications, and the cost of a second ambulance; $25,000 for
an updated jail study; and the balloon payment of $1,864,300 for the final payment of the 2009
Refinance of School /Landfill Bonds.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the budget as
presented. Mr. Scearce stated that he had been elected as a fiscal conservative and didn't believe the
budget had any fiscal constraints, and thus would be voting in opposition to the budget. Mr. Barber
stated that there were some things he liked about the budget, such as paying down the school debt,
adding funding for Fire & Rescue, and the employee raises, but he felt the budget relied too much on
the General Fund to be a true balanced budget. Mr. Hagerman agreed with both Mr. Scearce and Mr.
Barber. Mr. Blackstock stated that he did not feel the budget as presented would adversely affect the
financial status of the County; felt that by the end of the FY 2016/17 year unspent department funds
would balance out, if all the previous years were indications, much of the amount presently coming
from the General Funds to balance the budget; and if there had not been the $1,864,300 balloon
payment for the final payment of the 2009 Refinance of the School/Landfill Bonds, and the
elimination of the Solid Waste Fee that created a $1.6 million deficit, the budget would have been
balanced without using any money from the General Fund. The following Roll Call Vote was
recorded: Mr. Barber -No; Mr. Hagerman-No; Mr. Blackstock -Yes; Mr. Scearce -No; Mr. Davis -Yes;
Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion passed by a majority 4 to 3 vote
of the Board, with Mr. Barber, Mr. Hagerman, and Mr. Scearce opposing.
P21
Adjourned Meeting
April 4, 2016
Presented: April 4, 2016
Adopted: April 4, 2016
RESOLUTION 2016 -04 -01
VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on
Monday, April 4, 2016 in the General District Courtroom in the Edwin R. Shields Courthouse
Addition in Chatham, Virginia, the following resolution on the annual budget for Fiscal Year 2017
was presented and adopted.
WHEREAS, the laws of the Commonwealth of Virginia require the governing body to
prepare and approve a budget for fiscal and planning purposes, notwithstanding additional
requirements for the schools, including revenues and expenditures for the ensuing year by May 1,
2016; and
WHEREAS, the laws of the Commonwealth of Virginia control the distribution of funds by
appropriations giving the Board of Supervisors authority to set such appropriations at such periodic
basis as outlined in Section 15.2 -2506 of the Code of Virginia, being further identified in this
Resolution with Exhibit A and Exhibit B; and
WHEREAS, a public hearing has been properly advertised and held on March 21, 2016, in
accordance with state statute as shown by the affidavit of the publisher; then,
BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of Pittsylvania,
that there be hereby adopted and appropriated a budget for Fiscal Year 2017, the full and complete
budget is contained in the document entitled:
"PITTSYLVANIA COUNTY ADOPTED BUDGET"
FISCAL YEAR 2017
JULY 1, 2016 - JUNE 30, 2017
TOTALING: $ 175,800,032
BE IT FURTHER RESOLVED, that the estimated budget total of $175,800,032 includes
$16,736,709 total local effort for the Pittsylvania County Schools, and $1,646,045 in reallocated
carryovers for Industrial Development Local. Included in this budget is an approval of supplements
for employees of all five (5) Constitutional Offices. These offices include the Sheriff, Treasurer,
Commissioner of Revenue, Clerk of Courts and Commonwealth's Attorney. Personnel costs for
these offices, which include an appropriation of local funding and compensation board funding
cannot be overspent.
BE IT STILL FURTHER RESOLVED, that the funds of the School Budget, the Library
Board, and the Welfare Board shall be expended only by order and approval of those respective
boards and that no money shall be paid out for such contemplated expenditures unless and until there
has first been made an appropriation for such contemplated expenditures by the Board of Supervisors;
and,
P22
Adjourned Meeting
April 4, 2016
BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY 2016 -2017
be set at $91,489,633 with the local funds provided by the Board of Supervisors set at $16,736,709 to
be funded by classification as allowed by the Code of Virginia, 1950 as amended, and the school
board to report back in amounts requested to be funded in each classification if different than shown
in the approved budget.
The local funds include the following:
General Fund Local $ 16,736,709 (Includes $45,000 Solid Waste)
BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall receive
quarterly revenue and expenditure reports comparing receipts and expenditures to the approved
budget from the Office of the County Administrator as well as a list of transfers approved by the
County Administrator and,
BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year commencing
January 1, 2016 shall be as follows:
Real Property: $.59 per $100 of assessed value, 100%
market value
Mobile Homes and Barns: $.59 per $100 of assessed value, 100%
market value
Machinery and Tools: $ 4.50 per $100 of assessed value at 10%
of original cost
Contract Carrier: $4.50 per $100 of assessed value at fair
market value
Personal Property: $8.75 per $100 of assessed value, 30% of
market value.
In accordance with the requirements set forth in Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E)
of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1)
and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005
Acts of Assembly any qualifying vehicle sitused within the county commencing January 1, 2016,
shall receive personal property tax relief in the following manner:
• Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief;
• Personal use vehicles valued at $1,001 to $20,000 will be eligible for 52% tax relief;
• Personal use vehicles valued at $20,001 or more shall only receive 52% tax relief on the first
$20,000 of value; and
• All other vehicles which do not meet the definition of "qualifying" (business use vehicles,
farm use vehicles, motor home, etc.) will not be eligible for any of tax relief under this
program.
Generating Equipment: $.59 per $100 of assessed value, 100% of
market value
P23
Adjourned Meeting
April 4, 2016
Capital Merchant Tax:
$ 2.75 per $100 of assessed value, 30% of
inventory value
Consumer Utility Tax: 20% of the first $15.00 monthly for
residential users and 20% of the first
$100.00 monthly for commercial or
industrial users, except as required
for Gas and Electricity, as defined by
Chapter 6 Section 13 of the
Pittsylvania County Code 1975 as amended
AND BE IT FURTHER RESOLVED that the following fees will also be collected by
Pittsylvania County for tax year beginning January 1, 2016 and for the fiscal year beginning on July
1, 2016:
Motor Vehicle Fee:
Building Inspection Fees:
Fire Prevention Fees:
$38.75 per vehicle, except as specified by
ordinance
These fees included in Exhibit C
These fees included in Exhibit D
AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors that,
for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the following sections are
hereby adopted.
Section 1. The cost center shown on the attached table labeled Appropriations Resolution,
Exhibit A, are hereby appropriated from the designated estimated revenues as
shown on the attached table labeled Appropriations Resolution, Exhibit A.
This appropriation does include the unappropriated surplus. Funds may be
appropriated by the Board of Supervisors as needed during FY 2017 subject to
the Board's by -laws for appropriations.
Section 2. Appropriations, in addition to those contained in this general Appropriations
Resolution, may be made by the Board of Supervisors only if there is available
in the fund unencumbered or unappropriated sums sufficient to meet such
appropriations.
Section 3. All appropriations herein authorized shall be on the basis of cost centers for all
departments and agencies excluding schools. The regular school find is
specifically appropriated by category as listed on Exhibit A.
Section 4. The School Board and the Social Services Board are separately granted
authority for implementation of the appropriated funds for their respective
operations. By this resolution the School Board and the Social Services Board
P24
Adjourned Meeting
April 4, 2016
are authorized to approve the transfer of any unencumbered balance or portion
thereof from one line item of expenditure to another within the same
classification in their respective funds in any amount. Transfers between
classification or funds require approval of the Board of Supervisors.
Section 5. The County Administrator is authorized to make intra - departmental transfers.
This allows for the transfer of any unencumbered balance or portion thereof
from one line item of expenditure to another within the same cost center for the
efficient operation of government. The County Administrator is also authorized
to make inter - departmental transfers up to $25,000. This type of transfer allows
for the transfer of any unencumbered balance or portion thereof from one
department to another. Inter - departmental transfers in excess of $25,000
require the approval of the Board of Supervisors.
Section 6. All outstanding encumbrances, both operating and capital, at June 30, 2016
shall be reappropriated to the FY 2017 fiscal year to the same cost center and
account for which they are encumbered in the previous year. A report of which
shall be submitted to the Board.
Section 7. At the close of the fiscal year, all unencumbered appropriations lapse for
budget items other than the School Cafeteria Receipts Fund 209, the State
Restricted Seizure Fund - Sheriff 241, the Federal Restricted Seizure Fund 242,
the State Restricted Seizure Fund — Commonwealth's Attorney 243, the
Federal Restricted Seizure Fund — Commonwealth's Attorney 244, the Animal
Friendly Plates Fund 245, the Grants Fund 250, the Work Force Investment
Act Fund 251, Law Library Fund 260, the Library Memorial Gift Fund 265,
Cash Bonds Fund 305, the County Capital Improvements Fund 310, the Jail
Inmate Management Fund 311, the Courthouse Maintenance Fund 312, the
Courthouse Security Fund 314, the Jail Processing Fund 315, the Rural Roads
Fund 320, the Industrial Development Local Fund 325, the Industrial
Development Cyclical Fund 330, the School Bond Fund 410, the Landfill Bond
Fund 415, the E911 Bond Fund 416, the Social Services Bond Fund 420, the
Debt Service Reserve Fund 425, the Bond Fund - Schools 435, the Rescue
Billing Fund 530, the Special Welfare Fund 733 and the Pittsylvania County
Employees Health Plan 734. Thus, all cancelled cash balances shall revert back
to the General Fund.
Section 8. Appropriations designated for capital projects will not lapse at the end of the
fiscal year but shall remain appropriated until the completion of the project or
until the Board of Supervisors, by appropriate ordinance or resolution, changes
or eliminates the appropriation. Upon completion of a capital project, the
County Administrator is hereby authorized to close out the project and transfer
to the funding source any remaining balances. This section applies to all
existing appropriations for capital projects at June 30, 2016 and appropriations
in the FY 2017 Budget. The County Administrator is hereby authorized to
approve construction change orders to contracts up to $50,000.00 and approve
all change order for reduction of contracts.
P25
Adjourned Meeting
April 4, 2016
Section 9. The approval of the Board of Supervisors of any grant of funds to the County
shall constitute the appropriation of both the revenue to be received from the
grant and the County's expenditure required by the terms of the grant, if any.
The appropriation of grant funds will not lapse at the end of the fiscal year but
shall remain appropriated until completion of the project or until the Board of
Supervisors, by appropriate resolution, changes or eliminates the appropriation.
The County Administrator may increase or reduce any grant appropriation to
the level approved by the granting agency during the fiscal year. The County
Administrator may approve necessary accounting transfers between cost
centers and funds to enable the grant to be accounted for the in correct manner.
Upon completion of a grant project, the County Administrator is authorized to
close out the grant and transfer back to the funding source any remaining
balance. This section applies to appropriations for grants outstanding at June
30, 2016 and appropriations in the FY 2017 Budget.
Section 10. The County Administrator may reduce revenue and expenditure appropriations
related to programs funded all or in part by the Commonwealth of Virginia
and/or the Federal Government to the level approved by the responsible state
or federal agency.
Section 11. The County Administrator is authorized to make transfers to the various funds
for which there are transfers budgeted. The County Administrator shall
transfer funds only as needed up to amounts budgeted or in accordance with
any existing bond resolutions that specify the matter in which transfers are to
be made.
Section 12. The Treasurer may advance monies to and from the various funds of the
County to allow maximum cash flow efficiency. The advances must not
violate County bond covenants or other legal restrictions that would prohibit an
advance.
Section 13. All purchases with funds appropriated herein shall be made in accordance with
the County purchasing ordinance and applicable state statutes.
Section 14. It is the intent of this resolution that funds be expended for the purposes
indicated in the budget; therefore, budgeted funds may not be transferred from
operating expenditures to capital projects or from capital projects to operating
expenses without the prior approval from the Board of Supervisors. Also,
funds may not be transferred from one capital project to another without the
prior approval of the Board of Supervisors.
Section 15. The County Administrator is authorized, pursuant to state statute, to issue
orders and warrants for payments where funds have been budgeted,
appropriated, and where sufficient funds are available. A warrant register shall
be presented to the Board of Supervisors not less frequently than monthly.
P26
Adjourned Meeting
April 4, 2016
Section 16. Subject to the qualifications in this resolution contained, all appropriations are
declared to be maximum, conditional and proportionate appropriations — the
purpose being to make the appropriations payable in full in the amount named
herein if necessary and then only in the event the aggregate revenues collected
and available during the fiscal year for which the appropriations are made are
sufficient to pay all the appropriations in full. Otherwise, the said
appropriations shall be deemed to be payable in such proportion as the total
sum of all realized revenue of the respective funds is to the total amount of
revenue estimated to be available in the said fiscal year by the Board of
Supervisors.
Section 17. All revenue received by any agency under the control of the Board of
Supervisors or by the School Board or by the Social Services Board not
included in its estimate of revenue for the financing of the fund budget as
submitted to the Board of Supervisors may not be expended by said agency
under the control of the Board of Supervisors or by the School Board or by the
Social Services Board without the consent of the Board of Supervisors being
first obtained. Nor may any of these agencies or boards make expenditures,
which will exceed a specific item of an appropriation.
Section 18. Allowances out of any of the appropriations made in this resolution by any or
all county departments, bureaus or agencies under the control of the Board of
Supervisors to any of their officers and employees for expense on account of
the use of such officers and employees of their personal automobiles in the
discharge of their official duties shall be paid at the same rate as that
established by the Internal Revenue Service and shall be subject to change
from time to time to maintain like rates.
Section 19. The County Administrator is directed to maintain eight (8) petty cash accounts
and establish any other petty cash accounts authorized by the Board of
Supervisors. The current petty cash accounts are located in central purchasing,
the landfill, building inspections, zoning and recreation. These petty cash
accounts are maintained in accordance with Section 15.2 -1229 of the Code of
Virginia as amended, 1950 with management plans as directed by the County
Auditor.
Section 20. All previous appropriation ordinances or resolutions to the extent that they are
inconsistent with the provisions of this resolution shall be and the same are
hereby repealed.
Section 21. This resolution shall be effective on July 1, 2016.
P27
Adjourned Meeting
April 4, 2016
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
APPROPRIATIONS RESOLUTION, EXHIBIT B
REVENUES BY FUND
FOR FY 2017
REVENUES
Local Funds
State Funds
Federal Funds
CIP Carryover
Carryovers
Fund Balance
Transfers
GRAND TOTAL ALL REVENUES
P28
Total
Adopted
Budget
48,307,107
84,548,740
18,272,794
2,526,564
239,700
3,252,707
18,652,420
$175,800,032
EXHIBIT B
April 4, 2016
Adjourned Meeting
April 4, 2016
RESIDENTIAL. 1 8 2 FAMILY DWELLING
NEW CONSTRUCTION - STRUCTURAL ONLY (INCLUDES MODULAR HOMES)
MINIMUM FEE
$ 31.25
LIVING AREA
.10150. FT.
GARAGE OR CARPORT
.0251S0. FT.
PORCH, DECKS 8 PATIOS
.025130. FT.
BASEMENTS (UNFINISHED)
.0251S0. FT.
MINIMUM FEE $ 31.25
LIVING AREA .1WS0 FT
GARAGE ICARPORT .05/S0 FT
PORCH, DECK PATIO .05150. FT.
REPAIRS 8 REMODELING - STRUCTURAL ONLY
MINIMUM FEE J$5,000.00 OR LESS) $ 31.25
EACH $1,000 OR FRACTION THEREOF OVER $5000. $ 5.00
CLOSE IN PORCH,PATIO CARPORT DECK $ 31.25
RELOCATION OF HOME $ 31.25
SEPARATE FEES FOR ELEC., HVAC 5 PLB.
ELECTRICAL
PLUMBING
RESIDENTIAL - 1 8 2 FAMILY DWELLING
NEW SERVICE/ SERVICE CHANGE $ 18.75
RELOCATION OR REPLACEMENT OF METER
BASE, PANEL BOX OR ENTRANCE WIRE $ 18.75
EXTEND WIRING $ 18.75
BASE FEE $ 18.75
EACH PLUMBING FIXTURE AN ADDITIONAL $ 1.25
P29
Appendtx C
Adjourned Meeting
April 4, 2016
HEATING SYSTEM S 18.75
COOLING SYSTEM $ 18.75
MISCELLANEOUS - NOT COVERED BY OTHER PERMITS S 31.25
CHIMNEY OR STEM $ 18.75
SWIMMING POOL (PRIVATE: INCLUDES
WIRING & PLUMBING) $ 82.50
FARM STRUCTURES
EXEMPT FROM USBC REQUIREMENTS. HOWEVER,
WHEN A WIRING, PLUMBING OR MECHANICAL SYSTEM
FOR A FARM STRUCTURE IS AN EXTENSION OF A
RESIDENTIAL SYSTEM, A PERMIT IS REQUIRED PER THE
FOLLOWING SCHEDULE:
WIRING
S
18.75
PLUMBING
$
18.75
MECHANICAL
$
18.75
BULK BARN
$
18.75
BUILDING PERMIT FEE SCHEDULE
RESIDENTIAL MULTI- FAMILY IINCLUDING MOTELSI
NEW CONSTRUCTION AND ADDITIONS - STRUCTURAL ONLY
MINIMUM FEE $ $0.00
PER SQUARE FOOT $ 0.10
REPAIR S REMODELING - STRUCTURAL ONLY
ELECTRICAL
PLUMBING
MINIMUM FEE ($10.000.00 OR LESS) $ 50.00
EACH $1,000 OR FRACTION THEREOF OVER
510,000.00 $ 5.00
ELECTRICAL (PER DWELLING UNIT) $ 18.75
SERVICE CHANGE $ 18.75
RELOCATION OR REPLACEMENT: METER BASE, PANEL
BOX, ENTRANCE WIRE $ 18.75
PLUMBING (PER DWELLING UNIT) $ 18.75
EACH PLUMBING FIXTURE AN ADDITIONAL $ 1.25
P30
Appendix
Adjourned Meeting
April 4, 2016
[Ili
Appendix C
HEATING (PER DWELLING UNIT) $ 78.75
COOLING (PER DWELLING UNIT) $ 18.75
BUILDING PERMIT FEE SCHEDULE
MOBILE HOMES BEARING HUD LABEL & MOBILE
MANUEACTUREO HOMES IMTH HUD LABEUINCLUVES P RC P TO 24 SQ. FT.
MH'S (PER SO. FT.) $ 0.10
PLUS: ELECTRICAL $ 12.50
PLUMBING $ 12.50
PORCH, DECK, CARPORT. PATIO A ADDITIONS COST THE SAME AS
RESIDENTIAL 1 6 3 PANIILY DWEI.I.INCS- STRUC'rURALONLY
RELOCATION OR REPLACEMENT:
METER BASE, PANEL BOX, ENTRANCE WIRE $ 18.75
EACH SITE
5
25.00
SERVICE CHANGE
$
18.75
RELOCATION OR REPLACEMENT
METER BASE, PANEL BOX, ENTRANCE WIRE
8
18.75
MAXIMUM FEE
S
2.500.00
1111111 7Q l 7'Hl3x 1LLB
COMMERCIAL BUSINESS 8. INDUSTRIAL
NEW CONSTRUCTION, ADDITIONS & TEMPORARY M ILE OFFICE
NEW TOWERS AND ANTENNA. STRUCTURAL N
P31
Adjourned Meeting
April 4, 2016
MINIMUM FEE $ 50.00
STRUCTURE .05/SQ. FT.
MAXIMUM FEE $ 2,500.00
STRUCTURAL - REPAIR, REMODELING, RELOCATING, RE-ROOFING
DEMOLITION
ELECTRICAL
MINIMUM FEE ($10.000.00 OR LESS) $ 50.00
EACH $1,000.00 OR FRACTION THEREOF OVER
MAXIMUM FEE $ 2,500.00
MINIMUM FEE ($2,000.00 OR LESS) $ 31.25
EACH $1,000.00 OR FRACTON THEREOF OVER
NEW SERVICE (UNDER $2,000.00( S 25.00
EACH $1,000 OR FRACTION THEREOF ABOVE $2,000
$
5.00
SERVICE CHANGE
$
25.00
RELOCATION OR REPLACEMENT:
METER BASE, PANEL BOX, ENTRANCE WIRE
$
18.75
MAXIMUM FEE
$
2,500.00
BUILDING PERMIT FEE SCHEDULE
PLUMBING
MECHANICAL
MINIMUM FEE ($2,000.00 OR LESS) $ 31.25
EACH PLUMBING FIXTURE AN ADDITIONAL $ 1.25
EACH $1,000.00 OR FRACTION THEREOF
OVER $2,000.00 $ 5.00
MAXIMUM FEE S 2,500.00
ELEVATOR $ 31.25
HEATING
MINIMUM FEE ($2,000.00 OR LESS) $ 31.25
EACH $1,000.00 OR FRACTION THEREOF
OVER 52.000.00 S 5.00
P32
Apper.
Adjourned Meeting
April 4, 2016
COOLING
SWIMMING POOL
Appendix C
MAXIMUM FEE S 2500.00
MINIMUM FEE ($Z 000.00 OR LESS) $ 31.25
EACH $1,000.00 OR FRACTION THEREOF OVER
$2 000.00 $ 500
MAXIMUM FEE $ 2500.00
PUBLIC OR SEMI - PUBLIC
(INCLUDES WIRING & PLUMBING) $ 156.25
_BUILOING PERMIT FEE SCHEDULE
COMMERCIAL. BUSINESS & INDUSTRIAL ICON7IN iEDI
SIGNS - STRUCTURAL ONLY
NEW TANKS:
ESTIMATED COST: $1.00 TO $1,000 $ 31.26
EACH $1,00000 OR FRACTION THEREOF
OVER $1,000.00 (INCLUDES ELEC. IF NEEDEDI $ 500
AST AND UST INSTALLATION (PER TANK)1 INSPECTION $100.00
AST AND UST REMOVAL (PER TANK11 INSPECTION $100.00
AMUSEMENTS RIDES' SHOWS CONCESSIONS
CONCESSION (PERMIT)
$
1250
MOBILE UNITS (PER UNIT)
$
12.60
BOOTH (PER UNIT)
$
12.50
TENT (PER UNIT)
$
12.50
MAJOR RIDE '•
$
5500
KIDDIE RIDE ^
$
35.00
SPECTACULAR RIDE ^
$
75 00
• FEE SCHEDULES ASSOCIATED WITH RIDES SHALL BE REDUCED BY
75%, IF PRIVATE INSPECTORS ARE UTILIZED BY THE OWNER OR
LESSEE.
" RIDE CLASSIFICATION IS DEFINED BY VA. DEPT. OF
HOUSING & COMMUNITY DEVELOPMENT
P33
Adjourned Meeting
April 4, 2016
O
ic.4ule
yb.n0 PER
LJrNO OIaTURmNG PERMIT GEES 4 CO EROIAL ACRE
�. tuacknueme. PER "IT Peals 910ENTIALf _.. I sa'00
APPnnaff c
Appendix D
Permit Fee Schedule for Pinsylvank, Cvonp Fire alarshal's Office l u ui m to Virginia Code It 27 -97 & Virginia SRteaide Fire Prevention Code 913 109.12 &
101.15
Routine Fire Prevention Inspection:
2 500
Original inspection and first follow -up: S Charge
Each additional re- inspection: 52.
Child day centers, assisted living facilities snit adult day care centers:
(inspection required by any Virginia Regulatory Agency)
Licensed capacity as follows:
1. 1 -8 $50
2.9 -20 $75
3.21 -50 $100
4.51 -100 $200
5. 101 or more $400
Hospitals, nursing homes, mental hospitals, detoxification facilities $too
Blasting, Explosives, Fireworks:
An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material,
fireworks, or pyrotechnic special effects within the scope of Chapter 33 of the Virginia Statewide Fire Prevention Code.
Blasting: 1 -30 days
S75
S90
Blasting: 31 days or more
Explosives, Blasting Agents and Fireworks: Annual Storage Permit (per Magazine)
$40
Fireworks: Retail Sales of Permissible Fireworks, Outside Stand (60 Day Permit)
$25
Fireworks: Retail Sales of Permissible Fireworks, Mercantile Occupancy (60 Day Permit)
$25
Fireworks: Outdoor Fireworks Display (Ai rial/Proximate Audience (One Day Permit)
$35
Pyrotechnics: Indoor Pyrotechnic Display & Special Effects (One Day Permit)
$35
Hazardous Materials:
An operational permit is required to store, transport on site, dispense, use or handle
13,200 gallons
hazardous materials in excess of the amounts listed below.
Annual Hazardous Material Permit:
$100
Combustible Fiber
Loose 100 cubic feel
Ruled 1000 cubic feet
Flammable Gas
Gaseous 1000 cubic feet
Liquefied (except propane) 30 gallons
LP Gas: Storage and use inside or outside of any building.
Exception:
1. Individual containers with 500 gallons water capacity or less serving occupancies in Use group R -3.
2. Operation of cargo tankers that transport LP gas
Flammable Liquid
Class IA
30 gallons
Class IBand IC
120 gallons
Combustible Liquid
Class 11
120 gallons
Class IIIA
330 gallons
Class BIB
13,200 gallons
Flammable Solid
Flammable Solid
125 Pounds
Pyrophorie Material
Solid
4 pounds
Liquid
4 pounds
P34
Adjourned Meeting
April 4, 2016
Gas 50 cubic feet
Water Reactive — Solid or Liquid
Class 3
5 pounds
Class 2
50 pounds
Class I
No permit required
Unstable (reactive) Material — Solid or Liquid
Class 4
1 pounds
Class 3
5 pounds
Class 2
50 pounds
Class I
No permit required
Oxidizer - Solid or Liquid
Class 4
1 pound
Class 3
10 pounds
Class 2
250 pounds
Class 1
4000 pounds
Oxidizing Gas
Gaseous
1500 cubic feet
Liquefied
15 gallons
Organic Peroxide - Solid or Liquid
Class UD
I pound
Class 1
5 pounds
Class II
50 pounds
Class III
125 pounds
Class IV
No permit required
Class V
No permit required
Toxic Material
Solid
500 pounds
Liquid
500 pounds
Gas
810 cubic feet
Highly Toxic Material
Solid
10 pounds
Liquid
10 pounds
Gas
20 cubic feet
Corrosive Material
Solid
5000 pounds
Liquid
500 gallons
Gas
810 cubic feet
Cryogenic - Liquid
Cryogenic (Flammable)
45 gallons
Cryogenic (Oxidizing)
45 gallons
Unstable (reactive) Material - Gas
Class 4
10 cubic feet
Class 3
50 cubic feet
Class 2
250 cubic feet
Class I
No permit required
Appendix D
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to award a proposal for
reassessment appraisal services to Wingate Appraisal Services for a cost proposal of $12.95 per
parcel, which was $9.05 less than the closest competitor, noting that after the initial assessment was
complete, Wingate would complete any new constructions for 2 years, 2019 and 2020; and that the
cost of reassessment, spread over two fiscal years, would be $644,133, not including new
construction after the reassessment is complete. The Board of Supervisors unanimously approved
Mr. Blackstock's motion.
Motion was made by Mr. Warren, seconded by Mr. Barber, to approve a proclamation
declaring the month of April as the Annual Countywide Spring Cleanup Month in Pittsylvania
County, and to approve waiving tipping fees for citizens bringing their trash to the landfill from
7:30am until 3:30pm on Friday, April 22, 2016 and from 10:00am until 2:00pm on Saturday, April
23, 2016. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce -Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr.
Warren's motion was unanimously approved by the Board.
P35
Adjourned Meeting
April 4, 2016
Pittoylbania Countp A3oarb of buperbiooro
Proclamation
COUNTYWIDE SPRING CLEANUP
April 2016
VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM,
VIRGINIA ON MONDAY, APRIL 4, 2016, THE FOLLOWING PROCLAMATION WAS
PRESENTED AND ADOPTED:
Whereas, Pittsylvania County is rich in beauty and natural resources; and
Whereas, the Board of Supervisors of Pittsylvania County and the Pittsylvania County Beautification
Committee strive to improve the quality of life in our community through enhanced community
awareness, education, and public /private partnerships working together on projects that keep our
environment clean and free of debris, beautify our neighborhoods and public spaces, and instill pride
and a sense of ownership in our community; and
Whereas, Pittsylvania County Citizens realize a cleanup effort is needed to display pride in our
community for ourselves, our visitors, and for industrial prospects; and
Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a
healthy, sustainable environment with economic growth; and
Whereas, all residents of Pittsylvania County have a citizenship responsibility to protect and care for
the beauty and natural resources of Pittsylvania County, and a countywide cleanup campaign will
encourage individuals to participate in the improvement of their community's environment through
the three main focus areas of litter prevention, waste reductions and recycling, and beautification;
and
Whereas, the Pittsylvania County Board of Supervisors will sponsor a "Take Your Trash to the
Landfill On Us" from 7:30am until 3:30pm on Friday, April 22, 2016 AND from 10:00am until
2:00pm on Saturday, April 23, 2016, waiving tipping fees for citizens bringing their trash to the
landfill on that day; then
Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims
April 2016 as Countywide Spring Cleanup Month in Pittsylvania County, Virginia, and encourages
all communities, civic and professional groups, businesses, churches, schools, families and individual
citizens to take an active role in making the communities in Pittsylvania County a more beautiful
place to live, work and play.
Board Announcements
Mr. Barksdale stated there would be: an Agribusiness Conference in South Boston on April
5/6, 2016; Danville - Pittsylvania County Community Services would have a ribbon cutting for a new
group home in the Mt. Hermon area on April 6, 2016 at 3:30pm; on April 7, 2016 at 8:30 am
P36
Adjourned Meeting
April 4, 2016
Congressman Robert Hurt would be holding an appreciation breakfast for LEO (Local Elected
Officials); and on April 7, 2016 there would be a community Job Fair at the Institute for Advanced
Learning and Research.
Adiournment
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to adjourn the meeting, which
was unanimously approved by the Board. The meeting ended at 7:45 pm.
P37
Pittsylvania County Board of Supervisors
Tuesday, April 19, 2016
Adjourned Regular Meeting
VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors
was held on Tuesday, April 19, 2016 in the General District Courtroom of the Edwin R. Shields
Addition in Chatham, Virginia. Jessie L. Barksdale, Chair, called the meeting to order at 7:00
p.m. The following members were present:
Jessie L. Barksdale
Elton W. Blackstock
Ronald S. Scearce
Banister District
Staunton River District
Westover District
Jerry A. Hagerman Callands- Gretna District
Robert W. Warren Chatham - Blairs District
Joe B. Davis Dan River District
Mr. Tim R. Barber, Tunstall District, was absent from the meeting.
Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney,
Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. Matt
Rowe, Director for Economic Development, Mr. Fred Wydner, Director for Agribusiness, Ms.
Kim Van Der Hyde, Director of Finance, Mr. Odie H. Shelton, Jr., Director of Code Compliance,
and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present.
Mr. Barksdale led the Moment of Silence, and then the Pledge of Allegiance.
Mr. Barksdale recognized the Honorable Vincent Shorter, Treasurer, and the Honorable
Mike Taylor, Sheriff, in attendance.
Annroval of Agenda
Motion was made by Mr. Warren, seconded by Mr. Hagerman, to approve the agenda,
which was unanimously approved by the Board with the exception of Mr. Barber, who was
absent.
Hearing of the Citizens
John Merricks, owner of a RV Dealership in Ringgold, stated the Commissioner of the
Revenues Office, during one of several audits the offices has been performing on several
businesses throughout the County, had assessed him for $3,412,661 additional value for an
additional tax levy owed of $93,848.18. Mr. Merricks stated he was not trying to get out of
paying taxes that is appears he unknowingly owed, but that he would like the Board of afford
him a payment plan, or an extension to the deadline approaching in three days that he had to pay
the bill by or face penalty fines.
Richard Shumate of the Westover District offered a word of prayer.
This concluded the Hearing of the Citizens.
Consent Agenda
There were no items on the Consent Agenda.
P38
Public Hearines
Rezoning Cases
Case 1: Hutson Farms, LLC — ChathamBlairs Election District: R -16 -006
R -1, Residential Suburban Subdivision District to B -2, Business District, General
Mr. Barksdale opened the public hearing at 7:09pm. Mr. Shelton explained Hutson Farms, LLC,
had petitioned to rezone 2.00 acres, located on SR 718/Dry Fork Road, in the Chatham - Blairs
Election District from R -1, Residential Suburban Subdivision District to B -2, Business District,
General. Mr. Shelton stated that once the property was rezoned to B -2, all uses listed under
Section 35 -365 were a permitted use. The Planning Commission, with no opposition,
recommended granting the petitioner's request. Linda Hutson Green was present to represent the
petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:11 pm. Motion
was made by Mr. Warren, seconded by Mr. Blackstock, to approve granting the petitioner's
request of rezoning Case R -16 -006 from R -1 to B -2 and the following Roll Call Vote was
recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce: Yes; Mr.
Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr. Warren's motion to rezone Case R-
16 -006 from R -1 to B -2 was unanimously approved by the Board with the exception of Mr.
Barber, who was absent.
Case 2: Curtis Wade Arthur, Sr. — Staunton River Election District: R -16 -007
R -1, Residential Suburban Subdivision District to A4, Agricultural District
Mr. Barksdale opened the public hearing at 7:12pm. Mr. Shelton explained Curtis Wade Arthur,
Sr., had petitioned to rezone 63.89 acres, located off State Road 642 /Shula Drive (on C W Lane),
in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A-
1, Agricultural District. Once the property is rezoned to A -1, all uses listed under Section 35 -178
are a permitted use. The Planning Commission, with opposition, recommended granting the
petitioner's request. Harold Arthur was there to represent the petition. Mr. Arthur stated he and
his brother, Curtis only wished to keep the property for farmland, as that is what it was currently
being used for. Rusty Giles, who lives across from the property in Case R -16 -007, stated that
initially he was concerned about mobile homes being set up on the property once it was rezoned,
but after talking with Harold and Curtis Arthur, he was now supported rezoning the property. No
one else signed up to speak and Mr. Barksdale closed the hearing at 7:18pm. Motion was made
by Mr. Blackstock, seconded by Mr. Warren, to approve granting the petitioners' request to
rezone Case R -16 -007 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr.
Barber: Absent; Mr. Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr.
Warren -Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion to rezone Case R -16 -007 from
R -1 to A -1 was unanimously approved by the Board with the exception of Mr. Barber, who was
absent.
Case 3: Cristofer G. Nauta & Lizbeth H. Nauta — Callands /Gretna Election District: R-16-008
R -1, Residential Suburban Subdivision District to A4, Agricultural District
Mr. Barksdale opened the public hearing at 7:20pm. Mr. Shelton explained Cristofer and
Lizbeth Nauta had petitioned to rezone a total of 17.95 acres, two (2) parcels of land, located on
State Road 649 /Anderson Mill Road, in the Callands- Gretna Election District from R -1,
Residential Suburban Subdivision District to A -1, Agricultural District. Once the properties are
rezoned to A -1, all uses listed under Section35 -178 are a permitted use. The Planning
Commission, with no opposition, recommended granting the petitioners' request. Lizbeth Nauta
P39
was there to represent the petition. No one signed up to speak and Mr. Barksdale closed the
hearing at 7:21pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to
approve granting the petitioners' request to rezone Case R -16 -008 from R -1 to A -1 and the
following Roll Call Vote was recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes.
Mr. Hagerman's motion to rezone Case R -16 -008 from R -1 to A -1 was unanimously approved
by the Board with the exception of Mr. Barber, who was absent.
Case 4: Harold Ramsey Arthur — Staunton River Election District: R -16 -009
R -1, Residential Suburban Subdivision District to A -1, Agricultural District
Mr. Barksdale opened the public hearing at 7:22pm. Mr. Shelton explained that Harold Ramsey
Arthur had petitioned to rezone 84.25 acres, located on State Road 642 /Shula Drive, in the
Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1,
Agricultural District. Once the property is rezoned to A -1, all uses listed under Section 35 -178
are a permitted use. The Planning Commission, with opposition, recommended granting the
petitioner's request. Harold Arthur was there to represent the petition. Mr. Arthur stated the
intent of rezoning this property was the same as in Case R -16 -007; to combine all the parcels
being used for farming and rezone them to A -1. No one signed up to speak and Mr. Barksdale
closed the hearing at 7:24pm. Motion was made by Mr. Blackstock, seconded by Mr. Warren, to
approve granting the petitioners' request to rezone Case R -16 -009 from R -1 to A -1 and the
following Roll Call Vote was recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes.
Mr. Blackstock's motion to rezone Case R -16 -009 from R -1 to A -1 was unanimously approved
by the Board with the exception of Mr. Barber, who was absent.
Case 5: C &H Properties — Staunton River Election District: R -16 -010
R -1, Residential Suburban Subdivision District to A4, Agricultural District
Mr. Barksdale opened the public hearing at 7:25pm. Mr. Shelton explained C & H Properties
had petitioned to rezone a total of 90.94 acres, seven (7) parcels of land, located on and off State
Road 655/Rockford School Road, in the Staunton River Election District from R -1, Residential
Suburban Subdivision District to A -1, Agricultural District. Once the properties are rezoned to
A -1, all uses listed under Section 35 -178 are a permitted use. The Planning Commission, with
opposition, recommended granting the petitioner's request. Harold Arthur was there to represent
the petition. Mr. Arthur stated C &H Properties was owned by him and his brother, Curtis
Arthur. And as in the previous two cases involving them, this property would be combined with
those properties, and continue to be used for farming purposes. No one signed up to speak and
Mr. Barksdale closed the hearing at 7:27pm. Motion was by Mr. Blackstock, seconded by Mr.
Warren, to approve granting the petitioners' request to rezone Case R -16 -010 from R -1 to A -1
and the following Roll Call Vote was recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes.
Mr. Blackstock's motion to rezone Case R -16 -010 from R -1 to A -1 was unanimously approved
by the Board with the exception of Mr. Barber, who was absent.
This concluded the Public Hearings.
P40
Presentations
Dr. Julie Brown, Melanie Davis, and Joyce Wright, members of the Institute for Advance
Learning and Research (IALR) Board of Trustees were present to give the Board an update on
the activities that were occurring at the institute. Some of the activities they discussed were the
mobile STEM center; the Care Choices Youth Expo, the Capstone Project involving the
Precision Machine Program with the Pittsylvania County Public School, Danville Community
College and the IALR, and various advanced scientific research being performed here in
Pittsylvania County by a scientist team involving agricultural breakthroughs with vegetables, the
latter including but not limited to using developing 100 new plant varieties that will grow well in
this region.
The Honorable Mike Taylor, Sheriff, spoke to the Board about Crime Prevention
Through Environmental Design ( CPTED). Sheriff Taylor said CPTED is based on the principle
that proper design and effective use of buildings and public spaces can lead to a reduction in the
fear and incidence of crime, and an improvement in the quality of life for citizens. Learning how
to assess conditions in of public spaces and applying practical access control (doors, fences),
surveillance (lighting, windows, landscaping), territorial reinforcement (signs, sidewalks,
ordinances), and maintenance (code enforcement, community clean ups) to improve your
community, your neighborhood, public buildings such as the Courthouse facility and/or homes.
The project the Sheriffs office, Judge Moreau, and County Administration have being working
on to increase the Courthouse security was based upon CPTED.
Kay Crane, CEO for PATHS, spoke to the Board concerning her request that the Board
consider partnering with PATHS by allowing PATHS to have access to the National Guard
Armory in order to expand its cope of care. PATHS current facility will not allow for any
additions and there is a need to expand services and capacity to see more patients. The Chatham
PATHS office feels there is a current need to add a medical provider to see adults. Ms. Crane,
along with Ms. Sherry Flanagan, Director for the Pittsylvania County Social Services office,
concluded by voicing the need also for a Women's Health Center; noting all these additions
would not only benefit the community on a health level, but the expansions would create jobs.
Fred Wydner, Director of Agribusiness, stated as local food systems have gained
popularity, there has been public inquiry into expanding the county's resources for food
processing, packaging, and distribution. The Board of Supervisors had determined this to be a
reasonable request and directed the Office of Agribusiness Development to initiate this research
and to develop a potential feasibility study to assess the community needs. While researching
potential organizations to perform a study of this magnitude, Mr. Wydner said the Health
Collaborative of the Dan River Region was formalized under the auspice of the Danville
Regional Foundation. The Health Collaborative was established to determine the community
health needs of our citizenry and has been divided into 5 focus areas. One of those focus areas is
entitled Healthy Eating. While working with this initiative, the group has determined the need
for the same information for the region as was requested by the BOS. During the initial research
performed by the Office of Agribusiness Development, it was determined that a study of this
caliber would cost an estimated $30,000.00 of which an AFID grant was to be utilized to offset
half of these expenses. However, as The Health Collaborative has identified the same needs,
project funds from the Danville Regional Foundation have been provided to cover the entire cost
of this study, thereby saving the taxpayers of the county these study dollars.
P41
Mr. Wydner said the first phase of the study will last 5 months and will determine the
need for these processing, packaging and distribution avenues for Pittsylvania County, Danville,
and Caswell County. This will be delivered during the Health Summit to be held in September.
Phase 2, will then be initiated, IF there is a determination that an enhanced local food system is
necessary. Phase 2 will include building design, and potential site location and is slated to be
finished five months from the completion of Phase 1. As this research has been identified by
multiple agencies, and there are funds available to offset the cost of this study, staff recommends
the continued allowance of the Director of Agribusiness Development to work with The Health
Collaborative on this region wide project which will benefit the citizens of Pittsylvania County
and to offer commendation to the Danville Regional Foundation for their willingness to cover all
expenses associated with this research process and study.
Motion was made by Mr. Warren, seconded by Mr. Davis, to authorize the Director of
Agribusiness to work with The Health Collaborative on this region wide project, which was
unanimously approved by the Board with the exception of Mr. Barber, who was absent.
New Business
The Personnel Committee met at 5:30 PM on April 19, 2016. Mr. Warren, Chair for the
Personnel Committee submitted the Committee's following motions for action to the Board of
Supervisors:
1) To hire Springsted, Inc., a professional executive recruiting firm, to coordinate the
search
for a County Administrator The specific scope of work is flexible to meet the exact needs of the
Board and is defined in the near future. Negotiated fees equal $21,100. Standard services
include the following Scope of Work:
• Developing position profile specific for the County
• Advertising
• Receiving Applications
• Reviewing applications and comparing credentials /experience to position profile
• Recommending slate for consideration by Board of Supervisors and providing full report
of candidates
• Assisting Board of Supervisors in narrowing candidates
• Scheduling interviews
• Conducting background check
• Assisting during interviews as directed by the Board of Supervisors
• Negotiating terms and contract
2) Direct staff to seek financial support for the above services.
The Board of Supervisors unanimously approved both motions from the Personnel Committee
with the exception of Mr. Barber, who was absent.
Mr. Monday explained Pittsylvania County originally issued Series 2008A Notes during
the renovation of the 4 county high schools in the amount of $20,000,000. Short-term
construction notes were issued at that time in hopes that the County would be able to utilize the
State's Literary Loan Program to permanently finance these notes at 2% interest. These notes
have been refinanced twice since this time in 2010 and again in 2012. The Board of Supervisors
P42
voted at their regular meeting, September 8, 2016 to pay down principal on these notes in the
amount of $4.9 million, leaving a balance to refinance of $15 million. The County has been
advised that it would be in its best interest to permanently finance the remainder of these notes at
this time since it is highly unlikely that the County will be able to utilize literary fund monies in
the near future and since the market at this time has favorable interest rates. Mr. Monday said
that before the Board was Resolution 2016 -04 -03 which provides for the issuance and sale of
general obligation school refunding bonds, Series 2016 in an aggregate principal amount not to
exceed $15,000,000.
Motion was made by Mr. Blackstock, seconded by Mr. Scearce, to approve Resolution
2016 -04 -03 and authorize the County Administrator to sign all necessary documentation. The
following Roll Call Vote was recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes.
Mr. Blackstock's motion was unanimously approved by the Board with the exception of Mr.
Barber, who was absent.
Resolution 2016 -04 -03
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION SCHOOL REFUNDING BONDS, SERIES
2016, OF PITTSYLVANIA COUNTY, VIRGINIA, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, PROVIDING
FOR THE FORM, DETAILS AND PAYMENT OF SUCH BONDS, AND
PROVIDING FOR THE REFUNDING OF THE COUNTY'S GENERAL
OBLIGATION SCHOOL REFUNDING NOTES, SERIES 2012
WHEREAS, Pittsylvania County, Virginia (the "County ") is a political subdivision of
the Commonwealth of Virginia, and pursuant to, and subject to the provisions of, the Public
Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended (the "Act "),
the Board of Supervisors of the County (the "Board ") is authorized to contract debts on behalf of
the County and to issue, as evidence thereof, bonds, notes or other obligations payable from
pledges of the full faith and credit of the County;
WHEREAS, the County has previously issued its $19,945,000 General Obligation
School Refunding Notes, Series 2012 (the "Series 2012 Notes "), which refunded the County's
$20,090,000 General Obligation School Refunding Notes, Series 2010A, which refunded the
County's $20,000,000 General Obligation School Notes, Series 2008A (the "Series 2008A
Notes "), the proceeds of which financed certain school capital improvements;
WHEREAS, the issuance of the Series 2008A Notes was approved by a referendum held
by the County on November 6, 2007;
WHEREAS, the County has determined that it is advisable to issue general obligation
school refunding bonds (the "Bonds ") to refund the Series 2012 Notes, currently outstanding in
the principal amount of $15,000,000 (the "Refunded Bonds "); and
WHEREAS, the County's administration and a representative of Public Financial
Management, Inc., the County's financial advisor (the "Financial Advisor "), have recommended
to the Board that the County issue and sell the Bonds through a competitive public offering;
P43
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA
COUNTY, VIRGINIA:
Issuance of Bonds. The Board finds and determines that it is in the best interest of the
County to provide for the issuance and sale of a series of Bonds, heretofore authorized, in an
aggregate principal amount not to exceed $15,000,000 and to use the proceeds thereof, together
with other funds as may be available, to refund the Refunded Bonds and to pay costs incurred in
connection with issuing such bonds and refunding the Refunded Bonds.
Bond Details. The Bonds shall be designated "General Obligation School Refunding
Bonds, Series 2016," or such other designation as may be determined by the County
Administrator (which term shall include the Assistant County Administrator). The Bonds shall
be in registered form, shall be dated such date as may be determined by the County
Administrator, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R -1 upward, or such other designation as appropriate. Subject to Section 8, the
issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the County
Administrator; provided, however, that the Bonds of such series (a) shall have a "true" or
"Canadian" interest cost not to exceed 3.5% (taking into account any original issue discount or
premium), (b) shall be sold to the purchaser thereof at a price not less than 98% of the principal
amount thereof (excluding any original issue discount) and (c) shall mature or be subject to
mandatory sinking fund redemption in annual installments ending no later than December 31,
2031.
Principal of the Bonds shall be payable annually on dates determined by the County
Administrator. Each Bond shall bear interest from its date at such rate as shall be determined at
the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable
semiannually on dates determined by the County Administrator. Principal and premium, if any,
shall be payable to the registered owners upon surrender of Bonds as they become due at the
office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed
to the registered owners at their addresses as they appear on the registration books kept by the
Registrar on a date prior to each interest payment date that shall be determined by the County
Administrator (the "Record Date "); provided, however, that at the request of the registered
owner of the Bonds, payment may be made by wire transfer pursuant to the most recent wire
instructions received by the Registrar from such registered owner. Principal, premium, if any,
and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The County has heretofore entered into a Letter of Representations relating to a book -
entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall
mean DTC or any other securities depository for the Bonds appointed pursuant to this Section.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the County discharges
the Securities Depository of its responsibilities with respect to the Bonds, or (b) the County in its
sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated
Bonds or (ii) to select a new Securities Depository, then the Finance Director of the County shall,
at the direction of the County, attempt to locate another qualified securities depository to serve as
P44
Securities Depository and authenticate and deliver certificated Bonds to the new Securities
Depository or its nominee or to the beneficial owners or to the Securities Depository participants
on behalf of beneficial owners substantially in the form provided for in Section 5; provided,
however, that such form shall provide for interest on the Bonds to he payable (1) from the date of
the Bonds if they are authenticated prior to the first interest payment date or (2) otherwise from
the interest payment date that is or immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been paid). In delivering certificated
Bonds, the Finance Director of the County shall be entitled to rely on the records of the
Securities Depository as to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds will then be
registrable, transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds; (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest,
transfers of ownership and exchanges and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository; (3) the Registrar and the County shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants; (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds; and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above - referenced Letter of
Representations such provisions of the Letter of Representations, except to the extent set forth in
this paragraph and the next preceding paragraph, shall control.
Redemption Provisions. The Bonds may be subject to redemption prior to maturity at
the option of the County on or after dates, if any, determined by the County Administrator, in
whole or in part at any time, at a redemption price equal to the principal amount of the Bonds,
together with any interest accrued to the redemption date, plus a redemption premium not to
exceed 1% of the principal amount of the Bonds, such redemption premium to be determined by
the County Administrator.
Any term bonds may be subject to mandatory sinking fund redemption upon terms
determined by the County Administrator.
If less than all of the Bonds are called for redemption, the maturities of the Bonds to be
redeemed shall be selected by the Finance Director of the County in such manner as such officer
may determine to be in the best interest of the County. If less than all the Bonds of any maturity
are called for redemption, the Bonds within such maturity to be redeemed shall be selected by
the Securities Depository pursuant to its rules and procedures or, if the book -entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its
discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in
the principal amount of $5,000 or some integral multiple thereof, and (b) in selecting Bonds for
redemption, each Bond shall be considered as representing that number of Bonds that is obtained
by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the
call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by
P45
facsimile or electronic transmission, registered or certified mail or overnight express delivery,
not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of
the Bonds. The County shall not be responsible for giving notice of redemption to anyone other
than DTC or another qualified securities depository then serving or its nominee unless no
qualified securities depository is the registered owner of the Bonds. If no qualified securities
depository is the registered owner of the Bonds, notice of redemption shall be mailed to the
registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof will be issued to the registered owner
upon the surrender thereof
In the case of an optional redemption, the notice may state that (a) it is conditioned upon
the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, no
later than the redemption date or (b) the County retains the right to rescind such notice on or
prior to the scheduled redemption date (in either case, a "Conditional Redemption "), and such
notice and optional redemption shall be of no effect if such moneys are not so deposited or if the
notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any
time. The County shall give prompt notice of such rescission to the affected Bondholders. Any
Bonds subject to Conditional Redemption where redemption has been rescinded shall remain
outstanding, and the rescission shall not constitute an event of default. Further, in the case of a
Conditional Redemption, the failure of the County to make funds available on or before the
redemption date shall not constitute an event of default, and the County shall give immediate
notice to all organizations registered with the Securities and Exchange Commission (the "SEC ")
as securities depositories or the affected Bondholders that the redemption did not occur and that
the Bonds called for redemption and not so paid remain outstanding.
Execution and Authentication. The Bonds shall be signed by the manual or facsimile
signature of the Chairperson or Vice Chairperson, the County's seal shall be affixed thereto or a
facsimile thereof printed thereon and shall be attested by the manual or facsimile signature of the
Clerk of the Board; provided, however, that no Bond signed by facsimile signatures shall be
valid until it has been authenticated by the manual signature of an authorized officer or employee
of the Registrar and the date of authentication noted thereon.
Bond Form. The Bonds shall he in substantially the form of Exhibit A, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as may be
approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by
the execution and delivery of the Bonds.
Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably
pledged for the payment of principal of and premium, if any, and interest on the Bonds. Unless
other funds are lawfully available and appropriated for timely payment of the Bonds, the Board
shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all locally taxable property in the
County sufficient to pay when due the principal of and premium, if any, and interest on the
Bonds.
Registration, Transfer and Owners of Bonds. The County Administrator is hereby
authorized and directed to appoint a qualified bank or trust company as paying agent and
registrar for the Bonds (the "Registrar"). The Registrar shall maintain registration books for the
P46
registration of the Bonds and transfers thereof Upon presentation and surrender of any Bonds to
the corporate trust office of the Registrar, together with an assignment duly executed by the
registered owner or the owner's duly authorized attorney or legal representative in such form as
shall be satisfactory to the Registrar, the County shall execute, and the Registrar shall
authenticate, if required by Section 4, and deliver in exchange, a new Bond or Bonds having an
equal aggregate principal amount, in authorized denominations, of the same form and maturity,
bearing interest at the same rate, and registered in the name(s) as requested by the then registered
owner or the owner's duly authorized attorney or legal representative. Any such exchange shall
be at the expense of the County, except that the Registrar may charge the person requesting such
exchange the amount of any tax or other governmental charge required to be paid with respect
thereto.
The Registrar shall treat the registered owner as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person shown as owner
on the registration books on the Record Date.
Sale of Bonds. The Board approves the following terms of the sale of the Bonds. The
Bonds shall be sold by competitive bid in a principal amount to be determined by the County
Administrator, in collaboration with the Financial Advisor, and subject to the limitations set forth
in Section 1. The County Administrator shall also determine (a) the interest rates of the Bonds,
maturity schedule of the Bonds and the price to be paid for the Bonds, subject to the limitations
set forth in Section 2, (b) the redemption provisions of the Bonds, subject to the limitations set
forth in Section 3 and (c) the dated date, the principal and interest payment dates and the Record
Date of the Bonds, all as the County Administrator determines to be in the best interest of the
County.
The County Administrator shall receive bids for the Bonds and award the Bonds to the
bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth
in Section 2. Following the sale of the Bonds, the County Administrator shall file a certificate
with the Board setting forth the final terms of the Bonds. The actions of the County
Administrator in selling the Bonds shall be conclusive, and no further action shall be necessary
on the part of the Board.
Notice of Sale. The County Administrator, in collaboration with the Financial Advisor,
is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale (attached to the Preliminary Official Statement
referenced below), which is hereby approved; provided that the County Administrator, in
collaboration with the Financial Advisor, may make such changes in the Notice of Sale not
inconsistent with this Resolution as he may consider to be in the best interest of the County.
Official Statement. The draft Preliminary Official Statement describing the Bonds,
copies of which have been made available prior to this meeting, is hereby approved as the
Preliminary Official Statement by which the Bonds will be offered for sale to the public;
provided that the County Administrator, in collaboration with the Financial Advisor, may make
such completions, omissions, insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as the County Administrator may consider to be in the best
interest of the County. After the Bonds have been sold, the County Administrator, in
P47
collaboration with the Financial Advisor, shall make such completions, omissions, insertions and
changes in the Preliminary Official Statement not inconsistent with this Resolution as are
necessary or desirable to complete it as a final Official Statement. The County shall arrange for
the delivery to the purchaser of the Bonds of a reasonable number of printed copies of the final
Official Statement, within seven business days after the Bonds have been sold, for delivery to
each potential investor requesting a copy of the Official Statement and to each person to whom
the purchaser initially sells Bonds.
Official Statement Deemed Final. The County Administrator is authorized, on behalf
of the County, to deem the Preliminary Official Statement and the Official Statement in final
form, each to be final as of its date within the meaning of Rule 15c2 -12 (the "Rule ") of the SEC,
except for the omission in the Preliminary Official Statement of certain pricing and other
information permitted to be omitted pursuant to the Rule. The distribution of the Preliminary
Official Statement and the execution and delivery of the Official Statement in final form shall be
conclusive evidence that each has been deemed final as of its date by the County, except for the
omission in the Preliminary Official Statement of such pricing and other information permitted
to be omitted pursuant to the Rule.
Preparation and Delivery of Bonds. After the Bonds have been awarded, the officers
of the County are authorized and directed to take all proper steps to have the Bonds prepared and
executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon
payment therefor.
Redemption of Refunded Bonds. The Board hereby authorizes the optional redemption
of the Refunded Bonds. The County Administrator or his designee shall provide for a notice of
redemption to be given to the registered owners of the Refunded Bonds in accordance with the
resolution providing for the issuance of the Refunded Bonds.
Escrow Deposit Agreement. The County Administrator is authorized to determine if an
escrow deposit agreement (the "Escrow Agreement ") is required for the refunding of the
Refunded Bonds. If the County Administrator determines that an Escrow Agreement is
necessary, the County Administrator is authorized and directed to execute the Escrow Agreement
between the County and an escrow agent to be appointed by the County Administrator (the
"Escrow Agent ") with respect to the Refunded Bonds. The Escrow Agreement shall be in the
form approved by the County Administrator, in collaboration with the County Attorney and the
County's bond counsel, and shall provide for the deposit and investment of a portion of the Bond
proceeds for the defeasance of the Refunded Bonds. The execution of the Escrow Agreement by
the County Administrator shall constitute conclusive evidence of such official's approval of the
Escrow Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a
portion of the Bond proceeds (the "Refunding Portion ") in an escrow fund that shall be
sufficient, when invested in noncallable, direct obligations of the United States Government (the
"Government Obligations "), to provide for payment of principal of, premium, if any, and interest
on the Refunded Bonds; provided, however, that such Refunding Portion shall be invested in
such manner that none of the Bonds will be "arbitrage bonds" within the meaning of Section 148
of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the
"Code "). The Escrow Agent is authorized and directed to execute initial and final subscription
forms for the purchase of the Government Obligations and such other contracts and agreements
P48
necessary to provide for the defeasance of the Refunded Bonds as are approved by the County
Administrator, in collaboration with the County Attorney and the County's bond counsel.
Deposit of Bond Proceeds. The County Treasurer is authorized and directed (a) to
provide for the delivery of the Refunding Portion to the Escrow Agent for deposit in the escrow
fund established by the Escrow Agreement, in an amount that shall be sufficient, together with
any other funds deposited with the Escrow Agent and the interest thereon when invested as
provided in the Escrow Agreement, (i) to pay when due the interest on the Refunded Bonds to
the first respective dates on which they may be redeemed at the option of the County and (ii) to
pay upon the earlier of maturity or redemption the principal of the Refunded Bonds and (b) to
provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to
pay the costs incurred in refunding the Refunded Bonds and the costs of issuing the Bonds. The
County Treasurer is further authorized and directed to take all such further action as may be
necessary or desirable in connection with the payment and refunding of the Refunded Bonds.
Arbitrage Covenants. o The County represents that there have not been issued, and
covenants that there will not be issued, any obligations that will be treated as part of the same
issue of obligations as the Bonds within the meaning of Treasury Regulations Section 1.150 -1(c).
The County covenants that it shall not take or omit to take any action the taking or
omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Code or otherwise cause interest on the Bonds to be includable in the
gross income for federal income tax purposes of the registered owners thereof under
existing law. Without limiting the generality of the foregoing, the County shall comply
with any provision of law that may require the County at any time to rebate to the United
States any part of the earnings derived from the investment of the gross proceeds of the
Bonds, unless the County receives an opinion of nationally recognized bond counsel that
such compliance is not required to prevent interest on the Bonds from being includable in
the gross income for federal income tax purposes of the registered owners thereof under
existing law. The County shall pay any such required rebate from its legally available
funds.
Non - Arbitrage Certificate and Elections. Such officers of the County as may be
requested by the County's bond counsel are authorized and directed to execute an appropriate
certificate setting forth (a) the expected use and investment of the proceeds of the Bonds in order
to show that such expected use and investment will not violate the provisions of Section 148 of
the Code and (b) any elections such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with Section 148 of the Code. Such certificate shall be
prepared in consultation with the County's bond counsel, and such elections shall be made after
consultation with bond counsel.
Limitation on Private Use. The County covenants that it shall not permit the proceeds
of the Bonds or the facilities refinanced with the proceeds of the Bonds to be used in any manner
that would result in (a) 5% or more of such proceeds or the facilities refinanced with such
proceeds being used in a trade or business carried on by any person other than a governmental
unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities
refinanced with such proceeds being used with respect to any output facility (other than a facility
for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or
P49
more of such proceeds being used directly or indirectly to make or finance loans to any persons
other than a governmental unit, as provided in Section 141(c) of the Code; provided, however,
that if the County receives an opinion of nationally recognized bond counsel that any such
covenants need not be complied with to prevent the interest on the Bonds from being includable
in the gross income for federal income tax purposes of the registered owners thereof under
existing law, the County need not comply with such covenants.
Continuing Disclosure Agreement. The Chairperson, Vice Chairperson and the County
Administrator, any of whom may act, are hereby authorized and directed to execute a continuing
disclosure agreement (the "Continuing Disclosure Agreement ") setting forth the reports and
notices to be filed by the County and containing such covenants as may be necessary to assist the
purchaser of the Bonds in complying with the provisions of the Rule promulgated by the SEC.
The Continuing Disclosure Agreement shall be substantially in the form of the County's prior
Continuing Disclosure Agreements, which is hereby approved for purposes of the Bonds;
provided that the County Administrator, in collaboration with the Financial Advisor, may make
such changes in the Continuing Disclosure Agreement not inconsistent with this Resolution as
the County Administrator may consider to be in the best interest of the County. The execution
thereof by such officers shall constitute conclusive evidence of their approval of any such
completions, omissions, insertions and changes.
Other Actions. All other actions of officers of the County in conformity with the
purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds
are hereby ratified, approved and confirmed. The officers of the County are authorized and
directed to execute and deliver all certificates and instruments and to take all such further action
as may be considered necessary or desirable in connection with the issuance, sale and delivery of
the Bonds.
Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict
herewith are repealed.
Effective Date. This Resolution shall take effect immediately.
P50
Adjourned Meeting
April 19, 2016
[FORM OF BOND]
EXHIBIT A
Unless this certificate is presented by an authorized representative of The Depository
Trust Company, a New York corporation ( "DTC "), to the issuer or its agent for registration of
transfer, exchange or payment, and any certificate is registered in the name of Cede & Co., or
in such other name as is requested by an authorized representative of DTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner
hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
PITTSYLVANIA COUNTY
General Obligation School Refunding Bond
Series 2016
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% [July 15], _,2016
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
Pittsylvania County, Virginia (the "County "), for value received, promises to pay, upon
surrender hereof to the registered owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay interest hereon from its date semiannually on each [January 151 and
[July 15], beginning [July 15, 2016], at the annual rate stated above, calculated on the basis of a 360 -
day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful
money of the United States of America by Wilmington Trust, N.A., who has been appointed paying
agent and registrar for the bonds (the "Registrar ").
Notwithstanding any other provision hereof, this bond is subject to a book -entry system
maintained by The Depository Trust Company ( "DTC "), and the payment of principal, premium, if
any, and interest, the providing of notices and other matters shall be made as described in the
County's Letter of Representations to DTC.
P51
Adjourned Meeting
April 19, 2016
This bond is one of an issue of $ General Obligation School Refunding Bonds,
Series 2016, of like date and tenor, except as to number, denomination, rate of interest, privilege of
redemption and maturity, and is issued pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991.
The bonds refund the County's General Obligation School Refunding Notes, Series 2012 (the
"Series 2012 Notes "), which refunded the County's $20,090,000 General Obligation School
Refunding Notes, Series 2010A, which refunded the County's $20,000,000 General Obligation
School Notes, Series 2008A, which were approved by the qualified voters of the County at an
election on November 6, 2007. The bonds were authorized by a resolution adopted by the Board of
Supervisors of Pittsylvania County, Virginia on , 2016, to refund the Series 2012 Notes.
Bonds maturing on or before [July 15, 20J, are not subject to redemption prior to maturity.
Bonds maturing on or after [July 15, 20], are subject to redemption prior to maturity at the option
of the County on or after [July 15, 20], in whole or in part (in any multiple of $5,000) at any time,
upon payment of the following redemption prices (expressed as a percentage of principal amount of
bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption:
Period During Which Redeemed Redemption
Both Dates Inclusive) Price
[Bonds maturing on [July 15, 20], are required to be redeemed in part before maturity by
the County on [July 15] in the years and amounts set forth below, at a redemption price equal to the
principal amount of the bonds to be redeemed, plus accrued interest to the redemption date:
Year Amount Year Amount]
If less than all of the bonds are called for redemption, the bonds to be redeemed shall be
selected by the Finance Director of the County in such manner as such officer may determine to be in
the best interest of the County. If less than all of the bonds of any maturity are called for redemption,
the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be
selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In
either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or
some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be
considered as representing that number of bonds that is obtained by dividing the principal amount of
such bond by $5,000. The County shall cause notice of the call for redemption identifying the bonds
or portions thereof to be redeemed to be sent by facsimile or electronic transmission, registered or
certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owner hereof. If a portion of this bond is called for redemption, a
new bond in principal amount of the unredeemed portion hereof will be issued to the registered owner
upon surrender hereof.
P52
Adjourned Meeting
April 19, 2016
The County may give notice of redemption prior to a deposit of redemption moneys if such
notice states that the redemption is to be funded with the proceeds of a refunding bond issue and is
conditioned on the deposit of such proceeds. Provided that moneys are deposited on or before the
redemption date, such notice shall be effective when given. If such proceeds are not available on the
redemption date, such bonds will continue to bear interest until paid at the same rate they would have
borne had they not been called for redemption. On presentation and surrender of the bonds called for
redemption at the place or places of payment, such bonds shall be paid and redeemed.
The full faith and credit of the County are irrevocably pledged for the payment of principal of
and premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the Board of Supervisors shall levy and collect an
annual ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the County sufficient to pay when due
the principal of and premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person exclusively entitled to
payment of principal of and premium, if any, and interest on this bond and the exercise of all others
rights and powers of the owner, except that interest payments shall be made to the person shown as
the owner on the registration books on the [first day of the month in which each interest payment date
occurs].
All acts, conditions and things required by the Constitution and statutes of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of bonds of which this bond is one, together
with all other indebtedness of the County, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
[Remainder of page intentionally left blank.]
P53
Adjourned Meeting
April 19, 2016
IN WITNESS WHEREOF, Pittsylvania County, Virginia, has caused this bond to be to be
signed by the Chairperson or Vice Chairperson of the Board, its seal to be affixed hereto and attested
by the Clerk of the Board of Supervisors, and this bond to be dated the date first above written.
(SEAL)
(ATTEST)
Clerk, Board of Supervisors of
Pittsylvania County, Virginia
Chairperson, Board of Supervisors of
Pittsylvania County, Virginia
P54
Adjourned Meeting
April 19, 2016
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
ase print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to
transfer said bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
Mr. Monday explained Chapter 822 of the 2012 Acts of Assembly (SB497) discusses the
member contribution requirements necessary for employees to begin paying the employee portion of
the Virginia Retirement Rate, which equates to 5 %. Pittsylvania County started the VRS employee
contribution phase -in process on July 1, 2012. During the budget process for FY 2017, a 1% increase
was included in VRS covered salaries in order to enable employees to pay the additional 1 %0
employee contribution required. Employees will be responsible for paying 5% of the employee
contribution beginning July 1, 2016. This is the last year of the VRS employee contribution process.
All employees hired by Pittsylvania County after July 1, 2012 automatically pay the 5% member
contribution upon commencement of employment. It is not an option to phase these individuals in.
Motion was made by Mr. Warren, seconded by Mr. Blackstock, to approve the attached
resolution (Resolution 2016- 04 -04) to elect the member contribution schedule effective July 1, 2016
with the Virginia Retirement System. The following Roll Call Vote was recorded: Mr. Barber:
Absent; Mr. Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce: Yes; Mr. Davis -Yes; Mr. Warren-
P55
Adjourned Meeting
April 19, 2016
Yes; and Mr. Barksdale -Yes. Mr. Warren's motion was unanimously approved by the Board with the
exception of Mr. Barber, who was absent
Virginia Resolution 2016 -04 -04 WRGiNIAREnREMENr S"
Retirement P.0 .8.2500
•' System RI =nmono.vA232] 2500
Member Contributions by Salary Reduction for Counties, Cities,
Towns and Other Political Subdivisions
(In accordance with Chapter 822 of the 2012 Acts of Assembly (SB 497))
Resolution
WHEREAS, the Code of Virginia § 51.1- 144(F)(3) requires that, effective July 1, 2016, all employees of
a political subdivision who are VRS members shall contribute five percent of their creditable compensation by
salary reduction pursuant to Internal Revenue Code § 414(h) on a pre -tax basis; and
WHEREAS, the Code of Virginia § 51.1- 144(F)(3) permitted a political subdivision to phase in the
mandatory five percent member contribution until all employees paid five percent of creditable compensation
effective July 1, 2016; and
WHEREAS, the Code of Virginia § 51.1- 144(F)(3) permitted a political subdivision to pick up a portion
of the member contributions only until the completion of the phase -in period on July 1, 2016; and
WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB 497)
requires an increase in total creditable compensation, effective July 1, 2016, to each such employee in service
on June 30, 2016, to offset the cost of the member contributions, equal to the percentage increase of the member
contribution paid by such pursuant to this resolution;
NOW, THEREFORE, BE IT RESOLVED, that the [insert political subdivision name]
Pittsylvania County Board of Supervisors (the "Political Subdivision "), [insert
employer code] 55171 , does hereby certify to the Virginia Retirement System Board of Trustees
that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts
of Assembly (SB 497), codified as Code of Virginia § 51.1- 144(F)(3), for the fiscal year beginning July 1, 2016,
and that Plan I and Plan 2 employees shall pay the full five percent member contribution by salary reduction on
a pre -tax basis; and
BE IT FURTHER RESOLVED, that no salary increases provided solely to offset the cost of required
member contributions to the Virginia Retirement System under the second enactment clause of Chapter 822 of
the 2012 Acts of Assembly will be used to certify that any salary increases required by the Appropriation Act
have been provided.
NOW, THEREFORE, the officers are hereby authorized and directed in the name of the Political
Subdivision to carry out the provisions of this resolution, and said officers are authorized and directed to pay
over to the Treasurer of Virginia from time to time such sums as are due to be paid by the Political Subdivision
for this purpose.
VRS Resolution— EI,EC5 %PU (Rev. 03/16)
P56
Governing Body Chairman
Adjourned Meeting
April 19, 2016
Virginia
Rerimm W
system
P.O. eau 250a
RlclemanG. VA 23216Q500
1, [insert name] Clarence C. Monday , [insert title]
Clerk of the Board of Supervisors of the Political Subdivision, certify that the foregoing is a true and correct
copy of a resolution passed at a lawfully organized meeting of the Political Subdivision held at [insert
county /city /town] Chatham , Virginia at [insert time] 7 o'clock pm on [insert date]
April 19 , 2016. Given under my hand and seal of the Political Subdivision this 19 day
of April , 2016.
(signature)
This resolution must be passed on or before July 1, 2016 and
mailed to VRS postmarked no later than July 5, 2016.
VRS Reaolufl n- ELEC5% U (Rev. 03/16) 2
Motion was made by Mr. Warren, seconded by Mr. Blackstock, for the reappropriation of
$97,085.84 as follows: $8,078.68 to County Fleet -Parts (100 -4- 012520- 6030), $2,423.35 to County
Fleet- Labor, $200.00 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $500.00 to Sheriff -
Project Lifesaver (100 -4- 031200 - 5882), $108.20 to Sheriff - Police Supplies (100 -4- 031200 - 6010),
$2,953.55 to Sheriff -Parts (100 -4- 031200 - 6030), $1,089.60 to Sheriff -Labor (100 -4- 031200 - 6031),
$250.00 to Fire Marshall- Training (100 -4- 031700 - 5540), $41.00 to Jail -Food Supplies (100 -4-
033100- 6002), $190.00 to Recreation - Recreation Supplies (100 -4- 071100 - 6014), $1,800.00 Library -
Office Supplies (100 -4- 073100 - 6001), $79,451.46 to WIA -Rent (251 -4- 353853- 6014). This motion
required a 10 -Day Layover.
P57
Adjourned Meeting
April 19, 2016
Mr. Monday explained The estimated cost for the Middle School Park Project totals
$625,000.00. Mr. Moore has been successful in partnering with 8 different community and business
organizations to completely fund the middle school park project. Six of these grants are listed below
along with the amounts pledged for this project. The remainder of the funds needed includes
$150,000 from the Board of Supervisors (already appropriated), $100,000 J.T. Minnie Maude Trust
(already appropriated) and $99,035 from Game Time (matching grant - allowance for playground
equipment). These funds need to be appropriated in the 2016 budget so that construction may begin
on these parks.
Danville Regional Foundation
$150,000.00
Centra Lynchburg General Hospital
$100,000.00
Danville Regional Medical Center
$ 14,465.00
Revitalization for a Greater Gretna
$ 8,000.00
Mecklenburg Electric Cooperative
$ 3,000.00
Southside Electric Cooperative
$ 500.00
TOTAL
$275,965.00
Motion was made by Mr. Warren, seconded by Mr. Scearce, to appropriate a total of $275,965
to the Grants Fund (Fund 250) for the Middle School Park Project. The following Roll Call Vote was
recorded: Mr. Barber: Absent; Mr. Hagerman-Yes; Mr. Blackstock -Yes; Mr. Scearce: Yes; Mr.
Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr. Warren's motion was unanimously
approved by the Board with the exception of Mr. Barber, who was absent.
Ms. Kim Van Der Hyde, Director of Finance, submitted the 3`d Quarter Financial Report to
the Board.
General Fund Revenues
Real Estate Revenues: At March 31, 2016, the County had collected a total of 44.34% of Real Estate
Revenues. This compares favorably with the rate collected at March 31, 2015 when the total collected
at that time was 43.59 %. The amount prepaid in June for the 2 "d billing totaled $2,434,671.02. If this
amount is considered with the amount collected thus far in 2016, the County collection rate would
stand at 55 %.
Mobile Homes: At March 31, 2016, the County had collected a total of 49.97% of Mobile Home
Revenues. Compared with 1 year ago, the rate collected stood at 44.49 %.
Personal Property: At March 31, 2016, the County had collected a total of 45.97% of Personal
Property Revenues. The rate collected at this same time last year was 44.16 %.
Machinery & Tools: At March 31, 2016, the County had collected a total of 44.67% of Machinery &
Tools Revenues compared with 71.35% in 2015. Timing of these payments skews the percentages.
Merchants Capital: At March 31, 2016, the County had collected a total of 60.43% of Merchants
Capital Revenues compared with 61.91% in 2015.
Public Service Corporations: At March 31, 2016, the County had collected a total of 60% of Public
Service Corps. Revenues compared with 56 %.
Ms. Van Der Hyde stated that just as the report showed in December, the collection rate of
every major category increased over the prior year, with the exception of Machinery & Tools and
Merchants Capital. This has attributed to the increase in the General Fund Revenues.
P58
Adjourned Meeting
April 19, 2016
General Fund Expenditures
General Fund Expenditures: General Fund expenditures through March 31, 2016 totaled
$54,477,072.56, which is 78.40% of the appropriated budget. The appropriated budget has increased
from the original budget by $8,218,916.93 (See attached appropriations). General Fund expenditures
through March 31, 2015 totaled $44,930,406.59, which was 73.67% of the appropriated budget. The
appropriated budget increased by $2,021,379.82 during the same time frame last year (July 2014 —
March 2015).
Enterprise Fund
Landfill Revenues
Solid Waste Household Fee: At March 31, the County had collected a total of 53.08% of the Solid
Waste Household Fee compared with 44.75% at the same time last year.
Solid Waste Fees: At March 31, the County had a collected a total of 76.23% of budgeted Solid
Waste Fees. This collection rate is up from last year when the rate was 63.21 %. This revenue line
item records the amount received by Pittsylvania County Landfill to receive trash into the landfill.
These funds are received daily and landfill accounts are billed monthly. This amount can fluctuate
based on the tons that are received and billed for the Pittsylvania County Landfill.
Landfill Expenditures
Landfill Expenditures: Landfill expenditures through March 31, 2016 totaled $2,741,419.33, which
is 72.27% of the appropriated budget. The appropriated budget has increased from the original
budget by $603,282.06. Landfill expenditures through March 31, 2015 totaled $2,267,833.63,
which was 72.27% of the appropriated budget. The appropriated budget increased by $346,526.16
during the same time frame last year (July 2014— March 2015).
Summary
Pittsylvania County continues to maintain a stable financial position. As in December 2015, expense
and revenue trends closely resemble the trends from 1 year ago. The quarter ending March 31 is
somewhat of a quiet quarter since it falls between the two billing cycles for the Treasurer's Office.
Deputy Chris Brown with the Pittsylvania County Sheriffs Office stated in 2015, the
Pittsylvania County Sheriffs Department participated in the Virginia Rules Camp Grant Program and
the department is requesting approval to submit an application to participate in the 2016 camp grant
program. Sponsored by the Virginia Attorney General's Office, Virginia Rules is an educational
program especially designed to help instructors, parents and students understand the law as it applies
to teens in their everyday lives. The Pittsylvania County Sheriffs Office participates in this program.
One aspect of the program is a training camp for officers participating in the program. Motion was
made by Mr. Warren, seconded by Mr. Blackstock, to approve the Sheriff Department's request to
submit the Virginia Rules Camp Grant Program Application and authorize the Sheriff and/or County
Administrator to sign all necessary documentation. Mr. Warren's motion was unanimously approved
by the Board with the exception of Mr. Barber who was absent.
Mr. Monday explained the Board of Supervisors approved Resolution #2015 -12 -05 at their
adjourned meeting, 12 -15 -16 to allow the Pittsylvania County School Board to obtain financing for
their School Energy Project. The closing for this project occurred on January 20, 2016. The proceeds
received for this project totaled $3,313,595. It is a requirement that the transactions for the School
Energy Project be recorded on the County's books since Pittsylvania County is the borrower. Now
that the County has received proceeds and the project is underway, it is necessary for the Board of
Supervisors to appropriate the funds for this project. Since the amount of the project exceeds one
percent of the total expenditures included in the 2016 budget, § 15.2 -2507 of the Code of Virginia,
P59
Adjourned Meeting
April 19, 2016
1950 as amended, requires that a public hearing be held prior to the approval of such appropriation.
Motion was made by Mr. Blackstock, seconded by Mr. Warren, to authorize the advertisement of a
public hearing to be held at their adjourned meeting, May 17, 2016 to hear citizen input on the
appropriation of $3,313,595 for the School Energy Project, which was unanimously approved by the
Board with the exception of Mr. Barber, who was absent.
Mr. Matt Rowe, Director of Economic Development, explained one of the key strategies for
the County in its economic development program, is to find cost effective methods of improving
wireless broadband services in rural areas. The approach of collocating equipment on existing
County towers is the first step to addressing this strategy. Mr. Rowe stated he had elicited and
received 3 verbal quotes regarding professional services for developing a RFP in expanding wireless
internet throughout the County. The first phase of this process is to utilize existing County-owned
towers by collocating Wireless Internet Service Providers' (WISPS) equipment on the structures. To
accomplish this phase, the County will draft and advertise a RFP in early summer, requesting that
interested WISPS submit proposals of providing reliable and affordable internet service to residents
via the existing County-owned towers. The County will review WISP submittals, and will award the
rights of its vertical assets (towers) to the Company that will best meet the goals of this project: the
provision and proliferation of reliable and affordable internet throughout the County (likely late
summer /early fall). The selected Company's actions and performance will be measured against an
executed performance agreement. Funds generated from monthly tower(s) lease payments may be
dedicated to future telecommunications infrastructure improvements to continue the proliferation of
rural broadband internet to under or non -served areas. Based upon its successful track record in
working with other rural Virginia locales to provide wireless broadband to citizens, I recommend
selecting the firm DesignNine, Inc. to assist the County with the first phase of this project.
DesignNine is familiar with this area, having been involved within Danville (which established
Danville having the first municipal open access network in the U.S.) and the Wired Road (a 1,000 sq.
mi. project located in rural Southwest Virginia). Mr. Rowe state the Department of Economic
Development has budgeted for associated fees.
Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to select DesignNine, Inc.
to provide professional services in developing an RFP to expand service to its citizens via the use of
its existing towers, which was unanimously approved by the Board with the exception of Mr. Barber,
who was absent.
Closed Session
Motion was made by Mr. Warren seconded by Mr. Davis to enter into Closed Session and to
include Mr. Hunt, Mr. Sides ,Mr. Rowe , and Mr. Wydner in Closed Session for discussion of the
following:
Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating its facilities in the community
a) Legal Authority: Virginia Code Section 2.2- 3711(A)(5)
Subject: Project Lignum
Purpose: Status Update/Discussion of Potential Economic Development
Incentives
P60
Adjourned Meeting
April 19, 2016
b) Legal Authority:
Subject:
Purpose:
Incentives
c) Legal Authority:
Subject:
Purpose:
Incentives
d) Legal Authority:
Subject:
Purpose:
Incentives
e) Legal Authority:
Subject:
Purpose:
Incentives
f) Legal Authority:
Subject:
Purpose:
Incentives
g) Legal Authority:
Subject:
Purpose:
Incentives
Virginia Code Section 2.2- 3711(A)(5)
Project 950
Status Update/Discussion of Potential Economic Development
Virginia Code Section 2.2- 3711(A)(5)
Project Sorter
Status Update/Discussion of Potential Economic Development
Virginia Code Section 2.2- 371I(A)(5)
Project Solution
Status Update/Discussion of Potential Economic Development
Virginia Code Section 2.2- 3711(A)(5)
Project Oscar
Status Update/Discussion of Potential Economic Development
Virginia Code Section 2.2- 3711(A)(5)
Project SVIP
Status Update/Discussion of Potential Economic Development
Virginia Code Section 2.2- 3711(A)(5)
Project Optimization
Status Update/Discussion of Potential Economic Development
The following Roll Call Vote was recorded: Mr. Barber- Absent; Mr. Hagerman-Yes; Mr.
Blackstock -Yes; Mr. Scearce -Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Blackstock -Yes. Mr.
Warren's motion was unanimously approved by the Board.
The Board entered into Closed Session at 8:55 PM.
Motion was made by Mr. Blackstock, seconded by Mr. Warren, to re -enter into Open Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on
April 19, 2016, the Committee hereby certifies by a recorded vote that to the best of each board
member's knowledge only public business matters lawfully exempted from the open meeting
requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the
closed meeting were heard, discussed or considered in the closed meeting. If any member believes
P61
Adjourned Meeting
April 19, 2016
that there was a departure from the requirements of the Code, he shall so state prior to the vote
indicating the substance of the departure. The statement shall be recorded in the minutes of the
Board.
The Board re- entered into Open Session at 8:29 PM.
Motion was made by Mr. Davis, seconded by Mr. Warren, pursuant to Virginia Code Section
2.2- 3711(b), to execute the Non - Disclosure Agreement with the manufacturing entity in Project
Optimization, which was unanimously approved by the Board with the exception of Mr. Barber, who
was absent.
Adiournment
Motion was made by Mr. Warren, seconded by Mr. Blackstock, to adjourn the meeting, which
was unanimously approved by the Board with the exception of Mr. Barber, who was absent.
The meeting ended at 9:20 PM.
P62
Vote
Tim R. Barber
Absent
Jerry A. Hagerman
Yes
Elton W. Blackstock
Yes
Joe B. Davis
Yes
Ronald S. Scearce
Yes
Robert W. Warren
Yes
Jessie L. Barksdale
Yes
The Board re- entered into Open Session at 8:29 PM.
Motion was made by Mr. Davis, seconded by Mr. Warren, pursuant to Virginia Code Section
2.2- 3711(b), to execute the Non - Disclosure Agreement with the manufacturing entity in Project
Optimization, which was unanimously approved by the Board with the exception of Mr. Barber, who
was absent.
Adiournment
Motion was made by Mr. Warren, seconded by Mr. Blackstock, to adjourn the meeting, which
was unanimously approved by the Board with the exception of Mr. Barber, who was absent.
The meeting ended at 9:20 PM.
P62
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Proclamation — Guillain -Barre Syndrome /Chronic 05 -02 -2016
hnflammatory Demyelinating Polyneuropathy
(GBS /CIDP) Awareness Month: May 2016 ACTION:
SUBJECT/PROPOSAL/REOUEST•
Proclamation
STAFF CONTACT(S):
Mr. Monday
CONSENT AGENDA:
ACTION:
Yes
INFORMATION:
ATTACHMENTS:
(1) Proclamation
ITEM NUMBER:
6(c)
INFORMATION:
BACKGROUND:
May 2016 has been designated as "GBS /CIDP Awareness Month" to educate the public and focus attention on
Guillain -Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP); rare,
paralyzing and potentially catastrophic disorders of the peripheral nerves. Within the surrounding area there are
approximately 432 people that are afflicted with one of these syndromes or variants of GBS /CIDP.
DISCUSSION:
Attached hereto, you will find a proclamation for Pittsylvania County proclaiming May 2016 as GBS /CIDP
Awareness Month in Pittsylvania County.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the proclamation and authorize the County Administrator to
forward a copy to local media.
P63
VittopCbania Countp 38oarb of *uperbiooro
proclamation
GBS /CIDP AWARENESS MONTH
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, May 2,
2016, the following proclamation was adopted, proclaiming March 2016 as Guillain -Barre Syndrome /Chronic
Inflammatory Demyelinating Polyneuropathy (GBS /CIDP) Awareness Month.
WHEREAS, the month of May has been designated as "GBS/ CIDP Awareness Month" to educate the public
and to focus attention on Guillain -Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating
Polyneuropathy (CIDP); rare, paralyzing and potentially catastrophic disorders of the peripheral nerves; and
WHEREAS, the cause of GBS and CIDP is unknown and the length of the illness is unpredictable. It is
characterized by rapid onset of weakness and often, paralysis of the legs, arms, breathing muscles and face.
Usually months of hospital care are required with patients and their families facing an uncertain future, not
knowing if and when recovery will occur. Some may face long -term disabilities of varying degrees. GBS OR
CIDP can develop in any person at any age, regardless of gender or ethnic background; and
WHEREAS, in 1980, the Guillain -Barre Foundation International (now the GBS /CIPD Foundation
International), was founded to provide a support network to patients and their families through the national
office headquartered in Philadelphia and its 174 chapters with more than 30,000 members throughout the
United States, Canada, Asia, Europe, Australia, South America, and South Africa; and
WHEREAS, the local area chapter of the Guillain -Bane Foundation serves as the link between patients,
physicians, nurses, and families; providing educational materials and newsletters, as well as funding medical
research and conducting symposia; and
WHEREAS, the Guillain -Bane Foundation's Medial Advisory Board includes prominent neurologists active
in GBS and CIDP research, leading physicians in rehabilitation medicine, and physicians who, themselves, have
had the disorder; then
NOW, THEREFORE, BE IT RESOLVED that the Pittsylvania County Board of Supervisors proclaim May
2016 as GBS /CIDP Awareness Month in Pittsylvania County and encourages all citizens to recognize the
importance of raising awareness of Guillain -Bane Syndrome (GBS) and Chronic Inflammatory Demyelinating
Polyneuropathy (CIDP); and
BE IT FURTHER RESOLVED that a copy of this proclamation be forward to the local news media.
Given under my hand this 2"d day of May, 2016
Jessie L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
P64
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Revised Section 125 Flexible Benefit Plan Adoption 05 -02 -2016
Agreement compliant with the Affordable Care Act.
ACTION:
SUBJECT/PROPOSAL/REOUEST:
STAFF CONTACT(S):
Mr. Monday; Ms. Jordan
BACKGROUND:
CONSENT AGENDA:
ACTION:
Yes
ITEM NUMBER:
6(d)
INFORMATION:
INFORMATION:
ATTACHMENTS:
Section 125 Flexible Benefit Plan Adoption
Agreement.
Each year the entity must approve the Section 125 Flexible Benefit Adoption Agreement which is submitted
to Pittsylvania County for ratification.
Pittsylvania County's Section 125 Plan document provider, American Fidelity, reviewed the County's current
document for compliance against changes as required by the Affordable Care Act. The minimum hours of
service requirement has been updated from 40 hours of service to 30 hours. Employees meeting the new 30
hour service requirement will be eligible to participate in elective contributions through salary reduction not
to exceed net salary amount.
Attached hereto the current benefit plan year that begins October 1, 2015 and ends on September 30, 2016.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve revised Section 125 Plan Document, and authorize the
County Administrator to sign any necessary documentation.
P65
SAMPLE PLAN DOCUMENT
SECTION 125
FLEXIBLE BENEFIT PLAN
Version 10/14 of the Sample Plan Document includes the following
changes:
Added 4.02(h) — Cancellation due to reduction in hours of service
Added 4.02(1) — Cancellation due to enrollment in a Qualified Health
Plan
The attached plan document and adoption agreement are being provided for illustrative
purposes only. Because of differences in facts, circumstances, and the laws of the various
states, interested parties should consult their own attorneys. This document is intended as a
guide only, for use by local counsel
P66
SECTION 125 FLEXIBLE BENEFIT PLAN
ADOPTION AGREEMENT
The undersigned Employer hereby adopts the Section 125 Flexible Benefit Plan for those
Employees who shall qualify as Participants hereunder. The Employer hereby selects the
following Plan specifications:
A.
Q
C.
La
EMPLOYER INFORMATION
Name of Employer:
Address:
Employer Identification Number:
Nature of Business:
Name of Plan:
Plan Number:
EFFECTIVE DATE
Original effective date of the Plan
If Amendment to existing plan,
effective date of amendment:
Pittsylvania County Board of Supervisors
PO Box 426
Chatham, VA 24531
54- 6001508
County Government
Pittsylvania County Board of Supervisors
Flexible Benefit Plan All Employees
501
July I, 1993
October 1, 2015
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION
Eligibility requirements for each component plan under this Section 125 document will
be applicable and, if different, will be listed in Item F.
Length of Service: First day of the month following 30 days of"
service
Retiree Wording: N/A
Minimum Hours: All employees with 30 hours of service or
more each week. An hour of service is each
hour for which an employee receives, or is
entitled to receive, payment for performance
of duties for the Employer.
Age:
Minimum age of 0 years.
PLAN YEAR The current plan year will begin on October
1, 2015 and end on September 30. 201&
Each subsequent plan year will begin on
October 1 and end on September 30.
P68
2
E. EMPLOYER CONTRIBUTIONS
Non - Elective Contributions: The maximum amount available to each
Participant for the purchase of elected
benefits with non - elective contributions will
be:
Employer pays $6,138.12 per year for
Medical Insurance. $144.00 per year for
Dental Insurance.
The Employer may at its sole discretion
provide a non - elective contribution to
provide benefits for each Participant under
the Plan. This amount will be set by the
Employer each Plan Year in a uniform and
non - discriminatory manner. If this non-
elective contribution amount exceeds the
cost of benefits elected by the Participant,
excess amounts will not be paid to the
Participant as taxable cash.
Elective Contributions
(Salary Reduction): The maximum amount available to each
Participant for the purchase of elected
benefits through salary reduction will be:
100% of compensation per entire plan year.
Each Participant may authorize the
Employer to reduce his or her compensation
by the amount needed for the purchase of
benefits elected, less the amount of non-
elective contributions. An election for
salary reduction will be made on the benefit
election form.
3
P69
F. AVAILABLE BENEFITS: Each of the following components should be considered a
plan that comprises this Plan.
Group Medical Insurance -- The terms, conditions, and
limitations for the Group Medical Insurance will be as set forth in the
insurance policy or policies described below: (See Section V of the Plan
Document)
Anthem Blue Cross /Blue Shield
Group #41302 -001
American Fidelity Assurance Company
Accident
Eligibility Requirements for Participation if different than Item C.
2. Disability Income Insurance -- The terms, conditions, and limitations for the
Disability Income Insurance will be as set forth in the insurance policy or policies
described below: (See Section VI of the Plan Document)
Aflac
6 month, 12 month or 18 month short term disability
American Fidelity Assurance Company
017 Kind Series
Colonial
Comp Accident - N Series
Eligibility Requirements for Participation if different than Item C
3. Cancer Coverage -- The terms, conditions, and limitations for the Cancer
Coverage will be as set forth in the insurance policy or policies described below:
(See Section V ofthe Plan Document)
American Fidelity Assurance Company
C -6 and all subsequent plans
Aflac
Group #51000, #52000, #53000, #54000 and #55000
Colonial
Cancer Response
Eligibility Requirements for Participation if different than Item C.
P70
4. Dental/Vision Insurance -- The terms, conditions, and limitations for the
Dental/Vision Insurance will be as set forth in the insurance policy or policies
described below: ( See Section V of the Plan Document)
Delta Dental
Dental
Anthem
Vision
Eligibility Requirements for Participation, if different than Item C.
5. Group Life Insurance which will be comprised of Group term life insurance
and Individual term life insurance under Section 79 of the Code.
The terms, conditions, and limitations for the Group Life Insurance will be as set
forth in the insurance policy or policies described below: (See Section VII of the
Plan Document)
Individual life coverage under Section 79 is available as a benefit, and the face
amount when combined with the group -term life, if any, may not exceed $50,000.
American Fidelity Assurance Company
5 Year Term
Elieibility Requirements for Participation, if different than Item C.
6. Dependent Care Assistance Plan -- The terms, conditions, and
limitations for the Dependent Care Assistance Plan will be as set
forth in Section IX of the Plan Document and described below:
Minimum Contribution - $300.00 per Plan Year
Maximum Contribution - $5000.00 per Plan Year
Recordkeeper: American Fidelity Assurance Company
Eligibility Requirements for Participation, if different than Item C.
N/A
Medical Expense Reimbursement Plan -- The terms, conditions, and
limitations for the Medical Expense Reimbursement Plan will be as set
forth in Section VIII of the Plan Document and described below:
Minimum Coverage - $300.00 per Plan Year or a Prorated
Amount for a Short Plan Year
Maximum Coverage - $2400.00 per Plan Year or a Prorated
P71
Amount for a Short Plan Year
Recordkeeper: American Fidelity Assurance Company
Restrictions: As outlined in Policy G- 905/R l .
Grace Period: The Provisions in Section 8.06 of the Plan to permit a
Grace Period of 70 days with respect to the Medical Expense
Reimbursement Plan are not elected.
Carryover: The Provisions in Section 8.07 of the Plan to permit a
Carryover with respect to the Medical Expense Reimbursement Plan
are elected.
Eligibility Requirements for Participation if different than Item C
8. Health Savings Accounts — The Plan permits contributions to be made to a
Health Savings Account on a pretax basis in accordance with Section X of the
Plan and the following provisions:
HSA Trustee — N/A
Maximum Contribution — N/A
Limitation on Eligible Medical Expenses — For purposes of the Medical
Reimbursement Plan, Eligible Medical Expenses of a Participant that is eligible
for and elects to participate in a Health Savings Account shall be limited to
expenses for:
N/A
Eligibility Requirements for Participation if different than Item C-
a. An Employee must complete a Certification of Health Savings Account
Eligibility which confirms that the Participant is an eligible individual who
is entitled to establish a Health Savings Account in accordance with Code
Section 223(c)(1).
b. Eligibility for the Health Savings Account shall begin on the later of (i)
first day of the month coinciding with or next following the Employee's
commencement of coverage under the High Deductible Health Plan, or (ii)
the first day following the end of a Grace Period available to the Employee
with respect to the Medical Reimbursement Accounts that are not limited
to vision and dental expenses (unless the participant has a $0.00 balance
on the last day of the plan year).
C. An Employee's eligibility for the Health Savings Account shall be
determined monthly.
0
P72
The Plan shall be construed, enforced, administered, and the validity determined in
accordance with the applicable provisions of the Employee Retirement Income Security Act
of 1974, (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and
the laws of the State of Virginia. Should any provision be determined to be void, invalid, or
unenforceable by any court of competent jurisdiction, the Plan will continue to operate,
and for purposes of the jurisdiction of the court only, will be deemed not to include the
provision determined to be void.
This Plan is hereby adopted this day of , 20
Pittsylvania County Board of Supervisors - 501
(Name of Employer)
Witness:
Title: Title:
APPENDIX A
Related Employers that have adopted this Plan
Name(s):
THIS DOCUMENT IS NOT COMPLETE WITHOUT SECTIONS I THROUGH XIII
PD —10/14 Document ID # 83882 MCP #58122 Effective Date: 4/4/16 2:49 PM
P73
SECTION 125 FLEXIBLE BENEFIT PLAN
SECTION I
PURPOSE
The Employer is establishing this Flexible Benefit Plan in order to make a broader range of benefits available to
its Employees and their Beneficiaries. This Plan allows Employees to choose among different types of benefits
and select the combination best suited to their individual goals, desires, and needs. These choices include an
option to receive certain benefits in lieu of taxable compensation.
In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent
Employees, and believes this Plan will help achieve that goal.
It is the intent of the Employer to establish this Plan in conformity with Section 125 of the internal Revenue
Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal
Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits
which, when purchased alone by the Employer, would not be taxable.
SECTION If
DEFINITIONS
The following words and phrases appear in this Plan and will have the meaning indicated below unless a
different meaning is plainly required by the context:
2.01 Administrator The Employer unless another has been designated in writing by the
Employer as Administrator within the meaning of Section 3(16) of ERISA
(if applicable).
2.02 Beneficiary Any person or persons designated by a participating Employee to receive
any benefit payable under the Plan on account of the Employee's death.
2.02a Carryover The amount equal to the lesser of (a) any unused amounts from the
immediately preceding Plan Year or (b) five hundred dollars ($500),
except that in no event may the Carryover be less than five dollars ($5).
2.03 Code htternal Revenue Code of 1986, as amended.
2.04 Dependent Any of the following:
(a) Tax Dependent: A Dependent includes a Participant's spouse and
any other person who is a Participant's dependent within the meaning of
Code Section 152, provided that, with respect to any plan that provides
benefits that are excluded from an Employee's income under Code Section
105, a Participant's dependent (i) is any person within the meaning of Code
Section 152, determined without regard to Subsections (b)(1), (b)(2), and
(d)(1)(B) thereof, and (ii) includes any child of the Participant to whom
P74
Code Section 152(e) applies (such child will he treated as a dependent of
both divorced parents).
(b) Student on a Medically Necessary Leave of Absence: With respect
to any plan that is considered a group health plan under Michelle's Law
(and not a HIPAA excepted benefit under Code Sections 9831(b), (c) and
9832(c)) and to the extent the Employer is required by Michelle's Law to
provide continuation coverage, a Dependent includes a child who qualifies
as a Tax Dependent (defined in Section 2.04(a)) because of his or her 11111-
time student status, is enrolled in a group health plan, and is on a
medically necessary leave of absence from school. The child will continue
to be a Dependent if the medically necessary leave of absence commences
while the child is suffering from a serious illness or injury, is medically
necessary, and causes the child to lose student status for purposes of the
group health plan's benefits coverage. Written physician certification that
the child is suffering from a serious illness or injury and that the leave of
absence is medically necessary is required at the Administrator's request.
The child will no longer be considered a Dependent as of the earliest date
that the child is no longer on a medically necessary leave of absence, the
date that is one year after the first day of the medically necessary leave of
absence, or the date benefits would otherwise terminate under either the
group health plan or this Plan. Terms related to Michelle's Law, and not
otherwise defined, will have the meaning provided under the Michelle's
Law provisions of Code Section 9813.
(c) Adult Children: With respect to any plan that provides benefits that
are excluded from an Employee's income under Code Section 105, a
Dependent includes a child of a Participant who as of the end of the
calendar year has not attained age 27. A `child' for purpose of this Section
2.04(c) means an individual who is a son, daughter, stepson, or
stepdaughter of the Participant, a legally adopted individual of the
Participant, an individual who is lawfully placed with the Participant for
legal adoption by the Participant, or an eligible foster child who is placed
with the Participant by an authorized placement agency or by judgment,
decree, or other order of any court of competent jurisdiction. An adult
child described in this Section 2.04(c) is only a Dependent with respect to
benefits provided after March 30, 2010 (subject to any other limitations of
the Plan).
Dependent for purposes of the Dependent Care Reimbursement Plan is
defined in Section 9.04(a).
2.05 Effective Date The effective date of this Plan as shown in Item B of the Adoption
Agreement.
2.06 Elective Contribution The amount the Participant authorizes the Employer to reduce
compensation for the purchase of benefits elected.
P75
2.07 Eligible Employee Employee meeting the eligibility requirements for participation as shown
in Item C of the Adoption Agreement.
2.08 Employee Any person employed by the Employer on or after the Effective Date.
2.09 Employer The entity shown in Item A of the Adoption Agreement, and any Related
Employers authorized to participate in the Plan with the approval of the
Employer. Related Employers who participate in this Plan are listed in
Appendix A to the Adoption Agreement. For the purposes of Section
11.01 and 11.02, only the Employer as shown in Item A of the Adoption
Agreement may amend or terminate the Plan.
2.10 Employer Contributions Amounts that have not been actually received by the Participant and are
available to the Participant for the purpose of selecting benefits under the
Plan. This term includes Non- Elective Contributions and Elective
Contributions through salary reduction.
2.11 Entry Date The date that an Employee is eligible to participate in the Plan.
2.12 ERISA The Employee Retirement Income Security Act of 1974, Public Law 93-
406 and all regulations and rulings issued thereunder, as amended (if
applicable).
2.13 Fiduciary The named fiduciary shall mean the Employer, the Administrator and
other parties designated as such, but only with respect to any specific
duties of each for the Plan as may be set forth in a written agreement.
2.14 Health Savings Account A "health savings account' as defined in Section 223(d) of the Internal
Revenue Code of 1986, as amended established by the Participant with the
HSA Trustee.
2.15 HSA Trustee
2.16 Highly Compensated
2.17 High Deductible Health
Plan
2.18 HIPAA
2.19 Insurer
2.20 Key Employee
The Trustee of the Health Savings Account which is designated in Section
F.8 of the Adoption Agreement.
Any Employee who at any time during the Plan Year is a "highly
compensated employee" as defined in Section 414(q) of the Code.
A health plan that meets the statutory requirements for annual deductibles
and out -of- pocket expenses set forth in Code section 223(c)(2).
The Health Insurance Portability and Accountability Act of 1996, as
amended.
Any insurance company that has issued a policy pursuant to the terms of
this Plan.
Any Participant who is a "key employee" as defined in Section 416(i) of
the Code.
P76
10
2.21 Non - Elective A contribution amount made available by the Employer for the
Contribution purchase of benefits elected by the Participant.
2.22 Participant An Employee who has qualified for Plan participation as provided in Item
C of the Adoption Agreement.
2.23 Plan The Plan referred to in Item A of the Adoption Agreement as may be
amended from time to time.
2.24 Plan Year The Plan Year as specified in Item D of the Adoption Agreement.
2.25 Policy An insurance policy issued as a part of this Plan.
2.26 Preventative Care Medical expenses which meet the safe harbor definition of "preventative
care" set forth in IRS Notice 2004 -23, which includes, but is not limited
to, the following: (i) periodic health evaluations, such as annual physicals
(and the tests and diagnostic procedures ordered in conjunction with such
evaluations); (ii) well -baby and/or well -child care; (iii) immunizations for
adults and children; (iv) tobacco cessation and obesity weight -loss
programs; and (v) screening devices. However, preventative care does not
generally include any service or benefit intended to treat an existing
illness, injury or condition.
2.27 Recordkeeper The person designated by the Employer to perform recordkeeping and
other ministerial duties with respect to the Medical Expense
Reimbursement Plan and/or the Dependent Care Reimbursement Plan.
2.28 Related Employer Any employer that is a member of a related group of organizations with
the Employer shown in Item A of the Adoption Agreement, and as
specified under Code Section 414(b), (c) or (m).
SECTION III
ELIGIBILITY, ENROLLMENT, AND PARTICIPATION
3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of
the Adoption Agreement will be eligible to participate in the Plan on the Entry Date specified or the
Effective Date of the Plan, whichever is later. Dependent eligibility to receive benefits under any of
the plans listed in Item F of the Adoption Agreement will be described in the documents governing
those benefit plans. To the extent a Dependent is eligible to receive benefits under a plan listed in Item
F, an Eligible Employee may elect coverage under this Plan with respect to such Dependent.
Notwithstanding the foregoing, life insurance coverage on the life of a Dependent may not be elected
under this Plan.
3.02 ENROLLMENT: An eligible Employee may enroll (or re- enroll) in the Plan by submitting to the
Employer, during an enrollment period, an Election Form which specifies his or her benefit elections for
the Plan Year and which meets such standards for completeness and accuracy as the Employer may
establish. A Participant's Election Form shall be completed prior to the beginning of the Plan Year, and
II
P77
shall not be effective prior to the date such form is submitted to the Employer. Any Election Form
submitted by a Participant in accordance with this Section shall remain in effect until the earlier of the
following dates: the date the Participant terminates participation in the Plan; or, the effective date of a
subsequently filed Election Form.
A Participant's right to elect certain benefit coverage shall be limited hereunder to the extent such rights
are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a
period of coverage has commenced and to make a new election with respect to the remainder of the
period of coverage unless both the revocation and the new election are on account of and consistent with
a change in status, or other allowable events, as determined by Section 125 of the Internal Revenue
Code and the regulations thereunder.
3.03 TERMINATION OF PARTICIPATION: A Participant shall continue to participate in the Plan until the
earlier of the following dates:
a. The date the Participant terminates employment by death, disability, retirement or other
separation from service; or
b. The date the Participant ceases to work for the Employer as an eligible Employee; or
C. The date of termination of the Plan; or
d. The first date a Participant fails to pay required contributions while on a leave of absence.
3.04 SEPARATION FROM SERVICE: The existing elections of an Employee who separates from the
employment service of the Employer shall be deemed to be automatically terminated and the Employee
will not receive benefits for the remaining portion of the Plan Year.
3.05 QUALIFYING LEAVE UNDER FAMILY LEAVE ACT: Notwithstanding any provision to the
contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical
Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to
maintain the Participant's existing coverage under the Plan with respect to benefits under Section V and
Section VIII of the Plan on the same terns and conditions as though he were still an active Employee. If
the Employee opts to continue his coverage, the Employee may pay his Elective Contribution with after -
tax dollars while on leave (or pre -tax dollars to the extent he receives compensation during the leave),
or the Employee may be given the option to pre -pay all or a portion of his Elective Contribution for the
expected duration of the leave on a pre -tax salary reduction basis out of his pre -leave compensation
(including unused sick days or vacation) by making a special election to that effect prior to the date such
compensation would normally be made available to him (provided, however, that pre -tax dollars may
not be utilized to fund coverage during the next plan year), or via other arrangements agreed upon
between the Employee and the Administrator (e.g., the Administrator may fund coverage during the
leave and withhold amounts upon the Employee's return). Upon return from such leave, the Employee
will be permitted to reenter the Plan on the same basis the Employee was participating in the Plan prior
to his leave, or as otherwise required by the FMLA.
SECTION IV
CONTRIBUTIONS
4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the
Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer
12
P78
Contribution may be made up of Non - Elective Contributions and/or Elective Contributions authorized
by each Participant on a salary reduction basis.
4.02 IRREVOCABILITY OF ELECTIONS: A Participant may file a written election form with the
Administrator before the end of the current Plan Year revising the rate of his contributions or
discontinuing such contributions effective as of the first day of the next following Plan Year. The
Participant's Elective Contributions will automatically terminate as of the date his employment
terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant's election under the
Plan is irrevocable for the duration of the plan year to which it relates. The exceptions to the
irrevocability requirement which would permit a mid -year election change in benefits and the salary
reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125,
which include the following:
(a) Change in Status. A Participant may change or revoke his election under the Plan upon the
occurrence of a valid change in status, but only if such change or termination is made on account of, and
is consistent with, the change in status in accordance with the Treasury regulations promulgated under
Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested
change is on account of and consistent with a change in status, as follows:
(1) Change in Employee's legal marital status, including marriage, divorce, death of spouse, legal
separation, and annulment;
(2) Change in number of Dependents, including birth, adoption, placement for adoption, and death;
(3) Change in employment status, including any employment status change affecting benefit
eligibility of the Employee, spouse or Dependent, such as termination or commencement of
employment, change in hours, strike or lockout, a commencement or return from an unpaid
leave of absence, and a change in work site. If the eligibility for either the cafeteria Plan or any
underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the
employment status of that individual, and there is a change in that individual's employment
status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in
status. This category only applies if benefit eligibility is lost or gained as a result of the event.
If an Employee terminates and is rehired within 30 days, the Employee is required to step back
into his previous election. If the Employee terminates and is rehired after 30 days, the
Employee may either step back into the previous election or make a new election;
(4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements due to attainment
of age, gain or loss of student status, marriage or any similar circumstances; and
(5) Residence change of Employee, spouse or Dependent, affecting the Employee's eligibility for
coverage.
(b) Special Enrollment Rights. If a Participant or his or her spouse or Dependent is entitled to special
enrollment rights under a group health plan (other than an excepted benefit), as required by HIPAA
under Code Section 9801(f), then a Participant may revoke a prior election for group health plan
coverage and make a new election, provided that the election change corresponds with such HIPAA
special enrollment right. As required by HIPAA, a special enrollment right will arise in the
following circumstances: (i) a Participant or his or her spouse or Dependent declined to enroll in
group health plan coverage because he or she had coverage, and eligibility for such coverage is
subsequently lost because the coverage was provided under COBRA and the COBRA coverage was
exhausted, or the coverage was non -COBRA coverage and the coverage terminated due to loss of
eligibility for coverage or the employer contributions for the coverage were terminated; (ii) a new
Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption; (iii) the
Participant's or his or her spouse's or Dependent's coverage under a Medicaid plan or under a
13
P79
children's health insurance program (CHIP) is terminated as a result of loss of eligibility for such
coverage and the Participant requests coverage under the group health plan not later than 60 days
after the date of termination of such coverage; or (iv) the Participant, his or her spouse or Dependent
becomes eligible for a state premium assistance subsidy from a Medicaid plan or through a state
children's insurance program with respect to coverage under the group health plan and the
Participant requests coverage under the group health plan not later than 60 days after the date the
Participant, his or her spouse or Dependent is determined to be eligible for such assistance. An
election change under (iii) or (iv) of this provision must be requested within 60 days after the
termination of Medicaid or state health plan coverage or the determination of eligibility for a state
premium assistance subsidy, as applicable. Special enrollment rights under the health insurance plan
will be determined by the terms of the health insurance plan.
(c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal
separation, annulment or change in legal custody (including a qualified medical child support order
[QMCSO]) requires accident or health coverage for a Participant's child or for a foster child who is
a dependent of the Participant, the Participant may have a mid -year election change to add or drop
coverage consistent with the Order.
(d) Entitlement to Medicare or Medicaid. If a Participant, Participant's spouse or Participant's
Dependent who is enrolled in an accident or health plan of the Employer becomes entitled to
Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the
Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health
coverage under the Employer's Plan. Loss of Medicare or Medicaid entitlement would allow the
Participant to add health coverage under the Employer's Plan.
(e) Family Medical Leave Act. If an Employee is taking leave under the rules of the Family Medical
Leave Act, the Employee may revoke previous elections and re -elect benefits upon return to work.
(f) COBRA Qualifying Event. If an Employee has a COBRA qualifying event (a reduction in hours of
the Employee, or a Dependent ceases eligibility), the Employee may increase his pre -tax
contributions for coverage under the Employer's Plan if a COBRA event occurs with respect to the
Employee, the Employee's spouse or Dependent. The COBRA rule does not apply to COBRA
coverage under another Employer's Plan.
(g) Changes in Eligibility for Adult Children. To the extent the Employer amends a plan listed in Item
F of the Adoption Agreement that provides benefits that are excluded from an Employee's income
under Code Section 105 to provide that Adult Children (as defined in Section 2.04(c)) are eligible to
receive benefits under the plan, an Eligible Employee may make or change an election under this
Plan to add coverage for the Adult Child and to make any corresponding change to the Eligible
Employee's coverage that is consistent with adding coverage for the Adult Child.
(h) Cancellation due to reduction in hours of service A Participant may cancel group health plan (as
that tern is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under the
Employer's Plan if both of the following conditions are met:
(i) The Participant has been in an employment status under which the Participant was
reasonably expected to average at least 30 hours of service per week and there is a
change in that Participant's status so that the Participant will reasonably be expected to
14
Pao
average less than 30 hours of service per week after the change, even if that reduction
does not result in the Participant ceasing to be eligible under the group health plan; and
(ii) The cancellation of the election of coverage under the Employer's group health plan
coverage corresponds to the intended enrollment of the Participant, and any related
individuals who cease coverage due to the cancellation, in another plan that provides
minimum essential coverage with the new coverage effective no later than the first day of
the second month following the month that includes the date the original coverage is
cancelled.
(i) Cancellation due to enrollment in a Qualified Health Plan. A participant may cancel group health
plan (as that term is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under
the Employer's Plan if both of the following conditions are met:
0) The Participant is eligible for a Special Enrollment Period (as as defined in Code Section
9801(f)) to enroll in a Qualified Health Plan(as described in section 1311 of the Patient
Protection and Affordable Care Act ( PPACA)) through a competitive marketplace
established under section 1311(c) of PPACA (Marketplace), pursuant to guidance issued
by the Department of Health and Human Services and any other applicable guidance, or
the Participant seeks to enroll in a Qualified Health Plan through a Marketplace during
the Marketplace's annual open enrollment period; and
(ii) The cancellation of the election of coverage under the Employer's group health plan
coverage corresponds to the intended enrollment of the Participant and any related
individuals who cease coverage due to the cancellation in a Qualified Health Plan
through a Marketplace for new coverage that is effective beginning no later than the day
immediately following the last day of the original coverage that is cancelled.
Notwithstanding anything to the contrary in this Section 4.02, the change in election rules in this Section
4.02 do not apply to the Medical Expense Reimbursement Plan, or may not be modified with respect to
the Medical Expense Reimbursement Plan if the Plan is being administered by a Recordkeeper other
than the Employer, unless the Employer and the Recordkeeper otherwise agree in writing.
4.03 OTHER EXCEPTIONS TO IRREVOCABILITY OF ELECTIONS. Other exceptions to the
irrevocability of election requirement permit mid -year election changes and apply to all qualified
benefits except for Medical Expense Reimbursement Plans, as follows:
(a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during
the plan year, Participants may (i) make a corresponding increase in their salary reduction amount,
(ii) revoke their elections and make a prospective election under another benefit option offering
similar coverage, or (iii) revoke election completely if no similar coverage is available, including in
spouse or dependent's plan. If the cost significantly decreases, employees may elect coverage even
if they had not previously participated and may drop their previous election for a similar coverage
option in order to elect the benefit package option that has decreased in cost during the year. If the
increased or decreased cost of a benefit package option under the Plan is insignificant, the
participant's salary reduction amount shall be automatically adjusted.
(b) Significant curtailment of coverage.
Pal
15
(i) With no loss of coverage. If the coverage under a benefit package option is significantly
curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the
curtailed coverage and make a new prospective election for coverage under another benefit
package option providing similar coverage.
(ii) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage,
affected Participants may revoke election for curtailed coverage and make a new prospective
election for coverage under another benefit package option providing similar coverage, or drop
coverage if no similar benefit package option is available.
(c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new
benefit package option is added or significantly improved, eligible employees, whether
currently participating or not, may revoke their existing election and elect the newly added or
newly improved option.
(d) Change in Coverage of a Spouse or Dependent Under Another Employer's Plan. If there is a
change in coverage of a spouse, former spouse, or Dependent under another employer's plan, a
Participant may make a prospective election change that is on account of and corresponds with
a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory
changes in coverage are initiated by either the insurer of spouse's plan or by the spouse's
employer, or (2) optional changes are initiated by the spouse's employer or by the spouse
through open enrollment.
(e) Loss of coverage under other group health coverege. If during the Plan Year coverage is lost
under any group health coverage sponsored by a governmental or educational institution, a
Participant may prospectively change his or her election to add group health coverage for the
affected Participant or his or her spouse or dependent.
4.04 CASH BENEFIT: Available amounts not used for the purchase of benefits under this Plan may be
considered a cash benefit under the Plan payable to the Participant as taxable income to the extent
indicated in Item E of the Adoption Agreement.
4.05 PAYMENT FROM EMPLOYER'S GENERAL ASSETS: Payment of benefits under this Plan shall be
made by the Employer from Elective Contributions which shall be held as a part of its general assets.
4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in
accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a
separate account or, if elected by the Employer and as permitted or required by regulations of the
Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective
Contributions may be held in a trust pending payment.
4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum
amount made available to pay benefits for any Plan Year shall not exceed the Employer's Contribution
specified in the Adoption Agreement and as provided in this Plan.
16
P82
SECTION V
GROUP MEDICAL INSURANCE BENEFIT PLAN
5.01 PURPOSE: These benefits provide the group medical insurance benefits to Participants.
5.02 ELIGIBILITY: Eligibility will be as required in Items F(1), F(3), and F(4) of the Adoption Agreement.
5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Items F(l),
F(3), and F(4) of the Adoption Agreement.
5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits
offered shall be as specifically described in the Policy identified in the Adoption Agreement.
5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of
ERISA, Participants and Dependents shall be entitled to continued participation in this Group Medical
Insurance Benefit Plan by contributing monthly (from their personal assets previously subject to
taxation) 102% of the amount of the premium for the desired benefit during the period that such
individual is entitled to elect continuation coverage, provided, however, in the event the continuation
period is extended to 29 months due to disability, the premium to be paid for continuation coverage for
the l I month extension period shall be 150% of the applicable premium.
5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible
for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code
Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent
with that intention. It is also the intention of the Employer to comply with the provisions of the
Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the
Adoption Agreement.
5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a
Participant as provided for in Item E of the Adoption Agreement.
5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT:
Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall
comply with the applicable provisions of the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103 -353).
SECTION VI
DISABILITY INCOME BENEFIT PLAN
6.01 PURPOSE: This benefit provides disability insurance designated to provide income to Participants
during periods of absence from employment because of disability.
6.02 ELIGIBILITY: Eligibility will be as required in Item F(2) of the Adoption Agreement.
6.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(2)
of the Adoption Agreement.
17
P83
6.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the Disability
Income Benefits offered shall be as specifically described in the Policy identified in the Adoption
Agreement,
6.05 SECTION 104 AND 106 PLAN: It is the intention of the Employer that the premiums paid for these
benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit
plan, as provided in Code Sections 104 and 106, and all provisions of this benefit plan shall be
construed in a manner consistent with that intention.
6.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a
Participant as provided for in Item E of the Adoption Agreement.
SECTION VII
GROUP AND INDIVIDUAL LIFE INSURANCE PLAN
7.01 PURPOSE: This benefit provides group life insurance benefits to Participants and may provide certain
individual policies as provided for in Item F(5) of the Adoption Agreement.
7.02 ELIGIBILITY: Eligibility will be as required in Item F(5) of the Adoption Agreement.
7.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(5)
of the Adoption Agreement.
7.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions, and limitations of the group life
insurance are specifically described in the Policy identified in the Adoption Agreement.
7.05 SECTION 79 PLAN: It is the intention of the Employer that the premiums paid for the benefits
described in Item F(5) of the Adoption Agreement shall be eligible for exclusion from the gross income
of the Participants covered by this benefit plan to the extent provided in Code Section 79, and all
provisions of this benefit plan shall be construed in a manner consistent with that intention.
7.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a
Participant as provided for in Item E of the Adoption Agreement. Any individual policies purchased by
the Employer for the Participant will be owned by the Participant.
SECTION Vlll
MEDICAL EXPENSE REIMBURSEMENT PLAN
8.01 PURPOSE: The Medical Expense Reimbursement Plan is designed to provide for reimbursement of
Eligible Medical Expenses (as defined in Section 8.04) that are not reimbursed under an insurance plan,
through damages, or from any other source. It is the intention of the Employer that amounts allocated
for this benefit shall be eligible for exclusion from gross income, as provided in Code Sections 105 and
106, for Participants who elect this benefit and all provisions of this Section VQI shall be construed in a
manner consistent with that intention.
8.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(7) of the Adoption Agreement.
L-1
P84
8.03 TERMS, CONDITIONS, AND LIMITATIONS:
a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each
Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an
on -going basis, increasing the balances as contributions are credited during the year and
decreasing the balances as Eligible Medical Expenses are reimbursed. No interest shall be
payable on amounts recorded in any Participant's account.
b. Maximum benefit. The maximum amount of reimbursement for each Participant shall be
limited to the amount of the Participant's Elective Contribution allocated to the program during
the Plan Year, not to exceed the maximum amount set forth in Item F(7) of the Adoption
Agreement.
C. Claim Procedure. In order to be reimbursed for any medical expenses incurred during the Plan
Year, the Participant shall complete the form(s) provided for such purpose by the
Reimbursement Recordkeeper. The Participant shall submit the completed form to the
Reimbursement Recordkeeper with an original bill or other proof of the expense acceptable to
the Reimbursement Recordkeeper. No reimbursement shall be made on the basis of an
incomplete form or inadequate evidence of expense as determined by the Reimbursement
Recordkeeper. Forms for reimbursement of Eligible Medical Expenses must be submitted no
later than the ninetieth (90th) day following the last day of the Plan Year during which the
Eligible Medical Expenses were incurred. Reimbursement payments shall only be made to the
Participant, or the Participant's legal representative in the event of incapacity or death of the
Participant. Forms for reimbursement shall be reviewed in accordance with the claims
procedure set forth in Section XII.
d. Funding. The funding of the Medical Reimbursement Plan shall be through contributions by the
Employer from its general assets to the extent of Elective Contributions directed by Participants.
Such contributions shall be made by the Employer when benefit payments and account
administrative expenses become due and payable under this Medical Expense Reimbursement
Plan.
e. Forfeiture. Subject to Section 8.06 and 8.07, any amounts remaining to the credit of the
Participant at the end of the Plan Year and not used for Eligible Medical Expenses incurred
during the Participant's participation during the Plan Year shall be forfeited and shall remain
assets of the Plan. With respect to a Participant who terminates employment with the Employer
and who has not elected to continue coverage under this Plan pursuant to COBRA rights
referenced under Section 8.03(f) herein, such Participant shall not be entitled to reimbursement
for Eligible Medical Expenses incurred after his termination date regardless if such Participant
has any amounts of Employer Contributions remaining to his credit. Upon the death of any
Participant who has any amounts of Employer Contributions remaining to his credit, a dependent
of the Participant may elect to continue to claim reimbursement for Eligible Medical Expenses in
the same manner as the Participant could have for the balance of the Plan Year.
f. COBRA. To the extent required by Section 4980B of the Code and Sections 601 through 607 of
ERISA ('COBRA "), a Participant and a Participant's Dependents shall be entitled to elect
continued participation in this Medical Expense Reimbursement Plan only through the end of the
plan year in which the qualifying event occurs, by contributing monthly (from their personal
assets previously subject to taxation) to the Employer /Administrator, 102% of the amount of
19
P85
desired reimbursement through the end of the Plan Year in which the qualifying event occurs.
Specifically, such individuals will be eligible for COBRA continuation coverage only if they
have a positive Medical Expense Reimbursement Account balance on the date of the qualifying
event. Participants who have a deficit balance in their Medical Expense Reimbursement
Account on the date of their qualifying event shall not be entitled to elect COBRA coverage. In
lieu of COBRA, Participants may continue their coverage through the end of the current Plan
Year by paying those premiums out of their last paycheck on a pre-tax basis.
g. Nondiscrimination. Benefits provided under this Medical Expense Reimbursement Plan shall
not be provided in a manner that discriminates in favor of Employees or Dependents who are
highly compensated individuals, as provided under Section 105(h) of the Code and regulations
promulgated thereunder.
h. Uniform Coverage Rule. Notwithstanding that a Participant has not had withheld and credited to
his account all of his contributions elected with respect to a particular Plan Year, the entire
aggregate annual amount elected with respect to this Medical Expense Reimbursement Plan
(increased by any Carryover to the Plan Year), shall be available at all times during such Plan
Year to reimburse the participant for Eligible Medical Expenses with respect to this Medical
Expense Reimbursement Plan. To the extent contributions with respect to this Medical Expense
Reimbursement Plan are insufficient to pay such Eligible Medical Expenses, it shall be the
Employer's obligation to provide adequate funds to cover any short fall for such Eligible Medical
Expenses for a Participant; provided subsequent contributions with respect to this Medical
Expense Reimbursement Plan by the Participant shall be available to reimburse the Employer for
funds advanced to cover a previous short fall.
Uniformed Services Employment and Reemployment Rights Act. Notwithstanding anything to
the contrary herein, this Medical Expense Reimbursement Plan shall comply with the applicable
provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103 -353).
j. Proration of Limit. In the event that the Employer has purchased a uniform coverage risk policy
from the Recordkeeper, then the Maximum Coverage amount specified in Section F.7 of the
Adoption Agreement shall be pro rated with respect to (i) an Employee who becomes a
Participant and enters the Plan during the Plan Year, and (ii) short plan years initiated by the
Employer. Such Maximum Coverage amount will be pro rated by dividing the annual Maximum
Coverage amount by 12, and multiplying the quotient by the number of remaining months in the
Plan Year for the new Participant or the number of months in the short Plan Year, as applicable.
k. Continuation Coverage for Certain Dependent Children. In the event that benefits under the
Medical Expense Reimbursement Plan does not qualify for the exception from the portability
rules of HIPAA, then, effective for Plan Years beginning on or after October 9, 2009,
notwithstanding the foregoing provisions, coverage for a Dependent child who is enrolled in the
Medical Expense Reimbursement Plan as a student at a post - secondary educational institution
will not terminate due to a medically necessary leave of absence before a date that is the earlier
of.
the date that is one year after the first day of the medically necessary leave of absence; or
the date on which such coverage would otherwise terminate under the terms of the Plan.
20
P86
For purposes of this paragraph, "medically necessary leave of absence" means a leave of absence
of the child from a post - secondary educational institution, or any other change in enrollment of
the child at the institution, that: (i) commences while the child is suffering from a serious illness
or injury; (ii) is medically necessary; and (iii) causes the child to lose student status for purposes
of coverage under the terms of the Plan. A written certification must be provided by a treating
physician of the dependent child to the Plan in order for the continuation coverage requirement
to apply. The physician's certification must state that the child is suffering from a serious illness
or injury and that the leave of absence (or other change in enrollment) is medically necessary.
8.04 ELIGIBLE MEDICAL EXPENSES:
(a) Eligible Medical Expense in General. The phrase `Eligible Medical Expense' means any
expense incurred by a Participant or any of his Dependents (subject to the restrictions in Sections
8.04(b) and (c)) during a Plan Year that (i) qualifies as an expense incurred by the Participant or
Dependents for medical care as defined in Code Section 213(d) and meets the requirements
outlined in Code Section 125, (ii) is excluded from gross income of the Participant under Code
Section 105(b), and (iii) has not been and will not be paid or reimbursed by any other insurance
plan, through damages, or from any other source. Notwithstanding the above, capital
expenditures are not Eligible Medical Expenses under this Plan. Further, notwithstanding the
above, effective January 1, 2011, only the following drugs or medicines will constitute Eligible
Medical Expenses:
(i.) Drugs or medicines that require a prescription;
(ii.) Drugs or medicines that are available without a prescription ( "over- the - counter
drugs or medicines ") and the Participant or Dependent obtains a prescription; and
(iii.) Insulin.
(b) menses Incurred After Commencement of Participation. Only medical care expenses incurred
by a Participant or the Participant's Dependent(s) on or after the date such Participant
commenced participation in the Medical Expense Reimbursement Plan shall constitute an
Eligible Medical Expense.
(c) Eligible Expenses Incurred by Dependents. For purposes of this Section, Eligible Medical
Expenses incurred by Dependents defined in Section 2.04(c) are eligible for reimbursement if
incurred after March 30, 2010; Eligible Medical Expenses incurred by Dependents defined in
Sections 2.04(a) and (b) are eligible for reimbursement if incurred either before or after March
30, 2010 (subject to the restrictions of Section 8.04(b)).
(d) Health Savings Accounts. If the Employer has elected in Item F.8 of the Adoption Agreement to
allow Eligible Employees to contribute to Health Savings Accounts under the Plan, then for a
Participant who is eligible for and elects to contribute to a Health Savings Accounts, Eligible
Medical Expenses shall be limited as set forth in Item F.8 of the Adoption Agreement.
8.05 USE OF DEBIT CARD: In the event that the Employer elects to allow the use of debit cards ( "Debit
Cards ") for reimbursement of Eligible Medical Expenses (other than over-the-counter drugs or
medicines) under the Medical Expense Reimbursement Plan, the provisions described in this Section
shall apply. However, beginning January 1, 2011, a Debit Card may not be used to purchase drugs or
medicines over - the - counter.
21
P87
a. Substantiation. The following procedures shall be applied for purposes of substantiating
claimed Eligible Medical Expenses after the use of a Debit Card to pay the claimed
Eligible Medical Expense:
(i) If the dollar amount of the transaction at a health care provider equals the dollar
amount of the co- payment for that service under the Employer's major medical
plan of the specific employee - cardholder, the charge is fully substantiated without
the need for submission of a receipt or further review.
(ii) If the merchant, service provider, or other independent third -party (e.g., pharmacy
benefit manager), at the time and point of sale, provides information to verify to
the Reeordkeeper (including electronically by e-mail, the internet, intranet, or
telephone) that the charge is for a medical expense, the charge is fully
substantiated without the need for submission of a receipt or further review.
b. Status of Charges. All charges to a Debit Card, other than co- payments and real -time
substantiation as described in Subsection (a) above, are treated as conditional pending
confirmation of the charge, and additional third -party information, such as merchant or
service provider receipts, describing the service or product, the date of the service or sale,
and the amount, must be submitted for review and substantiation.
C. Correction Procedures for Improper Payments In the event that a claim has been
reimbursed and is subsequently identified as not qualifying for reimbursement, one or all
of the following procedures shall apply:
(i) First, upon the Recordkeeper's identification of the improper payment, the
Eligible Employee will be required to pay back to the Plan an amount equal to the
improper payment.
(ii) Second, where the Eligible Employee does not pay back to the Plan the amount of
the improper payment, the Employer will have the amount of the improper
payment withheld from the Eligible Employee's wages or other compensation to
the extent consistent with applicable law.
(iii) Third, if the improper payment still remains outstanding, the Plan may utilize a
claim substitution or offset approach to resolve improper claims payments.
(iv) If the above correction efforts prove unsuccessful, or are otherwise unavailable,
the Eligible Employee will remain indebted to the Employer for the amount of the
improper payment. In that event and consistent with its business practices, the
Employer may treat the payment as it would any other business indebtedness.
(v) In addition to the above, the Employer and the Plan may take other actions they
may deem necessary, in their sole discretion, to ensure that further violations of
the terms of the Debit Card do not occur, including, but not limited to, denial of
access to the Debit Card until the indebtedness is repaid by the Eligible
Employee.
Intent to Comnly with Rev. Rul 2003 -43. It is the Employer's intent that any use of
Debit Cards to pay Eligible Medical Expenses shall comply with the guidelines for use of
22
P88
such cards set forth in Rev. Rul. 2003 -43, and this Section 8.05 shall be construed and
interpreted in a manner necessary to comply with such guidelines.
8.06 GRACE PERIOD: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Grace
Period with respect to the Medical Reimbursement Plan, the provisions of this Section 8.06 shall apply.
Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice
200542, a Participant who has unused contributions relating to the Medical Reimbursement Plan from
the immediately preceding Plan Year, and who incurs Eligible Medical Expenses for such qualified
benefit during the Grace Period, may be paid or reimbursed for those Eligible Medical Expenses from
the unused contributions as if the expenses had been incurred in the immediately preceding Plan Year.
For purposes of this Section, `Grace Period' shall mean the period extending 70 days after the end of the
immediately preceding Plan Year to which it relates. Eligible Medical Expenses incurred during the
Grace Period shall be reimbursed first from unused contributions allocated to the Medical
Reimbursement Plan for the prior Plan Year, and then from unused contributions for the current Plan
Year, if participant is enrolled in current Plan Year.
8.07 CARRYOVER: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Carryover
with respect to the Medical Reimbursement Plan, the provisions of this Section 8.07 shall apply.
Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice
2013 -71, the Carryover for a Participant who has an amount remaining unused as of the end of the run-
off period for the Plan Year, may be used to pay or reimburse Eligible Medical Expenses during the
following entire Plan Year. The Carryover does not count against or otherwise affect the Maximum
benefit set forth in Section 8.03 (b). Eligible Medical Expenses incurred during a Plan Year shall be
reimbursed first from unused contributions for the current Plan Year, and then from any Carryover
carried over from the preceding Plan Year. Any unused amounts from the prior Plan Year that are used
to reimburse a current Plan Year expense (a) reduce the amounts available to pay prior Plan Year
expenses during the run -off period, (b) must be counted against any Carryover amount from the prior
Plan Year, and (c) cannot exceed the maximum Carryover from the prior Plan Year. If the Employer
elects to apply Section 8.06 in Section F.7 of the Adoption Agreement, this Section 8.07 shall not apply.
SECTION IX
DEPENDENT CARE REIMBURSEMENT PLAN
9.01 PURPOSE: The Dependent Care Reimbursement Plan is designed to provide for reimbursement of
certain employment- related dependent care expenses of the Participant. It is the intention of the
Employer that amounts allocated for this benefit shall be eligible for exclusion from gross income, as
provided in Code Section 129, for Participants who elect this benefit, and all provisions of this Section
DC shall be construed in a manner consistent with that intention.
9.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(6) of the Adoption Agreement.
9.03 TERMS CONDITIONS, AND LIMITATIONS:
a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each
Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an
on -going basis, increasing the balances as contributions are credited during the year and
decreasing the balances as Eligible Dependent Care Expenses are reimbursed. No interest shall
be payable on amounts recorded in any Participant's account.
23
P89
b. Maximum Benefit. The maximum amount of reimbursement for each Participant shall be
limited to the amount of the Participant's allocation to the program during the Plan Year not to
exceed the maximum amount set forth in Item F(6) of the adoption agreement.
For purpose of this Section IX, the phrase "earned income" shall mean wages, salaries, tips and
other employee compensation, but only if such amounts are includible in gross income for the
taxable year. A Participant's spouse who is physically or mentally incapable of self -care as
described in Section 9.04(a)(ii) or a spouse who is a full -time student within the meaning of
Code Section 21(e)(7) shall be deemed to have earned income for each month in which such
spouse is so disabled (or a full -time student). The amount of such deemed earned income shall
be $250 per month in the case of one Dependent and $500 per month in the case of two or more
Dependents.
C. Claim Procedure. In order to be reimbursed for any dependent care expenses incurred during the
Plan Year, the Participant shall complete the form(s) provided for such purpose by the
Reimbursement Recordkeeper. The Participant shall submit the completed form to the
Reimbursement Recordkeeper with an original bill or other proof of the expense from an
independent third party acceptable to the Reimbursement Recordkeeper. No reimbursement
shall be made on the basis of an incomplete form or inadequate evidence of the expense as
determined by the Reimbursement Recordkeeper. Claims for reimbursement of Eligible
Dependent Care Expenses must be submitted no later than the ninetieth (90th) day following the
last day of the Plan Year during which the Eligible Dependent Care Expenses were incurred.
Reimbursement payments shall only be made to the Participant, or the Participant's legal
representative in the event of the incapacity or death of the Participant. Forms for
reimbursement shall be reviewed in accordance with the claims procedure set forth in Section
MI.
d. Fundine. The funding of the Dependent Care Reimbursement Plan shall be through
contributions by the Employer from its general assets to the extent of Elective Contributions
directed by Participants. Such contributions shall be made by the Employer when benefit
payments and account administration expenses become due and payable under this Dependent
Care Expense Reimbursement Plan.
C. Forfeiture. Any amounts remaining to the credit of the Participant at the end of the Plan Year
and not used for Eligible Dependent Care Expenses incurred during the Plan Year shall be
forfeited and remain assets of the Plan.
f Nondiscrimination. Benefits provided under this Dependent Care Reimbursement Plan shall not
be provided in a manner that discriminates in favor of Highly Compensated Employees (as
defined in Code Section 414(q)) or their dependents, as provided in Code Section 129. In
addition, no more than 25 percent of the aggregate Eligible Dependent Care Expenses shall be
reimbursed during a Plan Year to five percent owners, as provided in Code Section 129.
9.04 DEFINITIONS:
a. "Dependent" (for purposes of this Section IX) means any individual who is:
(i) a Participant's qualifying child (as defined in Code Section 152 (c)) who has not attained
the age of 13; or
24
P90
(ii) a dependent (qualifying child or qualifying relative, as defined in Code Section 152 (c)
and (d), respectively) or the spouse of a Participant who is physically or mentally
incapable of self -care, and who has the same principal place of abode as the taxpayer for
more than half of the taxable year. For purposes of this Dependent Care Reimbursement
Plan, an individual shall be considered physically or mentally incapable of self -care if, as
a result of a physical or mental defect, the individual is incapable of caring for his or her
hygienic or nutritional needs, or requires full -time attention of another person for his or
her own safety or the safety of others.
b. "Dependent Care Center" (for purposes of this Section IX) shall be a facility which:
(i) provides care for more than six individuals (other than individuals who reside at the
facility);
(ii) receives a fee, payment, or grant for providing services for any of the individuals
(regardless of whether such facility is operated for profit); and
(iii) satisfies all applicable laws and regulations of a state or unit of local government.
C. "Eligible Dependent Care Expenses" (for purposes of this Section IX) shall mean expenses
incurred by a Participant which are:
(i) incurred for the care of a Dependent of the Participant or for related household services;
(ii) paid or payable to a Dependent Care Service Provider; and
(iii) incurred to enable the Participant to be gainfully employed for any period for which there
are one or more Dependents with respect to the Participant.
"Eligible Dependent Care Expenses" shall not include expenses incurred for services outside the
Participant's household for the care of a Dependent unless such Dependent is (i) a qualifying
child (as defined in Code Section 152 (c)) under the age of 13, or (ii) a dependent (qualifying
child or qualifying relative, as defined in Code Section 152 (c) and (d), respectively)), who is
physically or mentally incapable of self -care, and who has the same principal place of abode as
the Participant for more than half of the taxable year, or (iii) the spouse of a Participant who is
physically or mentally incapable of self -care, and who has the same principal place of abode as
the Participant for more than half of the taxable year. Eligible Dependent Care Expenses shall
be deemed to be incurred at the time the services to which the expenses relate are rendered.
d. "Dependent Care Service Provider" (for purposes of this Section D{) means:
(i) a Dependent Care Center, or
(ii) a person who provides care or other services described in Section 9.04(b) and who is not
a related individual described in Section 129(c) of the Code.
SECTION X
HEALTH SAVINGS ACCOUNTS
10.01 PURPOSE: If elected by the Employer in Section F.8 of the Adoption Agreement, the Plan will permit
pre -tax contributions to the Health Savings Account, and the provisions of this Article X shall apply.
25
P91
10.02 BENEFITS: A Participant can elect benefits under the Health Savings Accounts portion of this Plan by
electing to pay his or her Health Savings Account contributions on a pre -tax salary reduction basis. In
addition, the Employer may make contributions to the Health Savings Account for the benefit of the
Participant.
10.03 TERMS, CONDITIONS AND LIMITATION:
a. Maximum Benefit. The maximum annual contributions that may be made to a Participant's
Health Savings Account under this Plan is set forth in Section F.8 of the Adoption Agreement.
b. Mid -Year Election Changes. Notwithstanding any to the contrary herein, a Participant election
with respect to contributions for the Health Savings Account shall be revocable during the
duration of the Plan Year to which the election relates. Consequently, a Participant may change
his or her election with respect to contributions for the Health Savings Account at any time.
10.04 RESTRICTIONS ON MEDICAL REIMBURSEMENT PLAN: If the Employer has elected in Section
F.8 of the Adoption Agreement both Health Savings Accounts under this Plan and the Medical Expense
Reimbursement Plan, then the Eligible Medical Expenses that may be reimbursed under the Medical
Reimbursement Plan for Participants who are eligible for and elect to participate in Health Savings
Accounts shall be limited as set forth in Section F.8 of the Adoption Agreement.
10.05 NO ESTABLISHMENT OF ERISA PLAN: It is the intent of the Employer that the establishment of
Health Savings Accounts are completely voluntary on the part of Participants, and that, in accordance
with Department of Labor Field Assistance Bulletin 2004 -I, the Health Savings Accounts are not
"employee welfare benefit plans" for purposes of Title I of ERISA.
SECTION XI
AMENDMENT AND TERMINATION
11.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in
whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change
the terms and conditions of payment of any benefits to which Participants and covered dependents
otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to
comply with federal or local laws or regulations. The Employer also shall have the right to make any
amendment retroactively which is necessary to bring the Plan into conformity with the Code. In
addition, the Employer may amend any provisions or any supplements to the Plan and may merge or
combine supplements or add additional supplements to the Plan, or separate existing supplements into
an additional number of supplements.
11.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that
such termination shall not eliminate any obligations of the Employer which therefore have arisen under
the Plan.
SECTION XII
ADMINISTRATION
90
P92
12.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan
12.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper
which shall have the power and responsibility of performing recordkeeping and other ministerial duties
arising under the Medical Expense Reimbursement Plan and the Dependent Care Reimbursement Plan
provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be
removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for
its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper.
12.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR:
a. General. The Administrator shall be vested with all powers and authority necessary in order to
amend and administer the Plan, and is authorized to make such rules and regulations as it may
deem necessary to carry out the provisions of the Plan. The Administrator shall determine any
questions arising in the administration (including all questions of eligibility and determination of
amount, time and manner of payments of benefits), construction, interpretation and application
of the Plan, and the decision of the Administrator shall be final and binding on all persons.
b. Recordkeeping. The Administrator shall keep full and complete records of the administration of
the Plan. The Administrator shall prepare such reports and such information concerning the Plan
and the administration thereof by the Administrator as may be required under the Code or
ERISA and the regulations promulgated thereunder.
C. Inspection of Records. The Administrator shall, during normal business hours, make available
to each Participant for examination by the Participant at the principal office of the Administrator
a copy of the Plan and such records of the Administrator as may pertain to such Participant. No
Participant shall have the right to inquire as to or inspect the accounts or records with respect to
other Participants.
12.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without
compensation for services as such. All expenses of the Administrator shall be paid by the Employer.
Such expenses shall include any expense incident to the functioning of the Plan, including, but not
limited to, attorneys' fees, accounting and clerical charges, actuary fees and other costs of administering
the Plan.
12.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable
personally for any loss or damage or depreciation which may result in connection with the exercise of
duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful
misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar
insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any
and all claims, losses, damages, expenses (including reasonable counsel fees approved by the
Administrator) and liability (including any reasonable amounts paid in settlement with the Employer's
approval) arising from any act or omission of the Administrator, except when the same is determined to
be due to the willful misconduct of the Administrator by a court of competent jurisdiction.
12.06 DELEGATIONS OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from
time to time, all or any part of its responsibilities under the Plan to such person or persons as it may
deem advisable and in the same manner to revoke any such delegation of responsibilities which shall
have the same force and effect for all purposes hereunder as if such action had been taken by the
Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate.
27
P93
The delegate shall report periodically to the Administrator concerning the discharge of the delegated
responsibilities.
12.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may
release or obtain any information necessary for the application, implementation and determination of
this Plan or other Plans without consent or notice to any person. This information may be released to or
obtained from any insurance company, organization, or person subject to applicable law. Any
individual claiming benefits under this Plan shall furnish to the Administrator such information as may
be necessary to implement this provision.
12.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply
with the rules and procedures of the particular benefit program elected pursuant to this Plan under which
the Participant claims a benefit.
12.09 GENERAL CLAIMS REVIEW PROCEDURE: This provision shall apply only to the extent that a
claim for benefits is not governed by a similar provision of a benefit program available under this Plan
or is not governed by Section 12.10.
a. Initial Claim for Benefits. Each Participant may submit a claim for benefits to the Administrator
as provided in Section 12.08. A Participant shall have no right to seek review of a denial of
benefits, or to bring any action in any court to enforce a claim for benefits prior to his filing a
claim for benefits and exhausting his rights to review under this section.
When a claim for benefits has been filed properly, such claim for benefits shall be evaluated and
the claimant shall be notified of the approval or the denial within (90) days after the receipt of
such claim unless special circumstances require an extension of time for processing the claim. If
such an extension of time for processing is required, written notice of the extension shall be
furnished to the claimant prior to the termination of the initial ninety (90) day period which shall
specify the special circumstances requiring an extension and the date by which a final decision
will be reached (which date shall not be later than one hundred and eighty (180) days after the
date on which the claim was filed.) A claimant shall be given a written notice in which the
claimant shall be advised as to whether the claim is granted or denied, in whole or in part. If a
claim is denied, in whole or in part, the claimant shall be given written notice which shall
contain (a) the specific reasons for the denial, (b) references to pertinent plan provisions upon
which the denial is based, (c) a description of any additional material or information necessary to
perfect the claim and an explanation of why such material or information is necessary, and (d)
the claimant's rights to seek review of the denial.
b. Review of Claim Denial. If a claim is denied, in whole or in part, the claimant shall have the
right to request that the Administrator review the denial, provided that the claimant files a
written request for review with the Administrator within sixty (60) days after the date on which
the claimant received written notification of the denial. A claimant (or his duly authorized
representative) may review pertinent documents and submit issues and comments in writing to
the Administrator. Within sixty (60) days after a request is received, the review shall be made
and the claimant shall be advised in writing of the decision on review , unless special
circumstances require an extension of time for processing the review, in which case the claimant
shall be given a written notification within such initial sixty (60) day period specifying the
reasons for the extension and when such review shall be completed (provided that such review
shall be completed within one hundred and twenty (120) days after the date on which the request
for review was filed.) The decision on review shall be forwarded to the claimant in writing and
28
P94
shall include specific reasons for the decision and references to plan provisions upon which the
decision is based. A decision on review shall be final and binding on all persons.
C. Exhaustion of Remedies. If a claimant fails to file a request for review in accordance with the
procedures herein outlined, such claimant shall have no rights to review and shall have no right
to bring action in any court and the denial of the claim shall become final and binding on all
persons for all purposes.
12.10 SPECIAL CLAIMS REVIEW PROCEDURE: The provisions of this Section 12.10 shall be applicable
to claims under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan,
effective on the first day of the first Plan Year beginning on or after July 1, 2002, but in no event later
than January 1, 2003, provided such plans are subject to ERISA.
a. Benefit Denials: The Administrator is responsible for evaluating all claims for reimbursement
under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan.
The Administrator will decide a Participant's claim within a reasonable time not longer than 30
days after it is received. This time period may be extended for an additional 15 days for matters
beyond the control of the Administrator, including in cases where a claim is incomplete. The
Participant will receive written notice of any extension, including the reasons for the extension
and information on the date by which a decision by the Administrator is expected to be made.
The Participant will be given 45 days in which to complete an incomplete claim. The
Administrator may secure independent medical or other advice and require such other evidence
as it deems necessary to decide the claim.
If the Administrator denies the claim, in whole or in part, the Participant will be furnished with a
written notice of adverse benefit determination setting forth:
1. the specific reason or reasons for the denial;
2. reference to the specific Plan provision on which the denial is issued;
a description of any additional material or information necessary for the Participant to
complete his claim and an explanation of why such material or information is necessary,
and
4. appropriate information as to the steps to be taken if the Participant wishes to appeal the
Administrator's determination, including the participant's right to submit written
comments and have them considered, his right to review (on request and at no charge)
relevant documents and other information, and his right to file suit under ERISA with
respect to any adverse determination after appeal of his claim.
b. Annealine Denied Claims: If the Participant's claim is denied in whole or in part, he may appeal
to the Administrator for a review of the denied claim. The appeal must be made in writing
within 180 days of the Administrator's initial notice of adverse benefit determination, or else the
participant will lose the right to appeal the denial. If the Participant does not appeal on time, he
will also lose his right to file suit in court, as he will have failed to exhaust his internal
administrative appeal rights, which is generally a prerequisite to bringing suit.
29
P95
A Participant's written appeal should state the reasons that he feels his claim should not have
been denied. It should include any additional facts and/or documents that the Participant feels
support his claim. The Participant may also ask additional questions and make written
comments, and may review (on request and at no charge) documents and other information
relevant to his appeal. The Administrator will review all written comment the Participant
submits with his appeal.
C. Review of Appeal: The Administrator will review and decide the Participant's appeal within a
reasonable time not longer than 60 days after it is submitted and will notify the Participant of its
decision in writing. The individual who decides the appeal will not be the same individual who
decided the initial claim denial and will not be that individual's subordinate. The Administrator
may secure independent medical or other advice and require such other evidence as it deems
necessary to decide the appeal, except that any medical expert consulted in connection with the
appeal will be different from any expert consulted in connection with the initial claim. (The
identity of a medical expert consulted in connection with the Participant's appeal will be
provided.) If the decision on appeal affirms the initial denial of the Participant's claim, the
Participant will be furnished with a notice of adverse benefit determination on review setting
forth:
I. The specific reason(s) for the denial,
2. The specific Plan provision(s) on which the decision is based,
3. A statement of the Participant's right to review (on request and at no charge) relevant
documents and other information,
4. If the Administrator relied on an "internal rule, guideline, protocol, or other similar
criterion" in making the decision, a description of the specific rule, guideline, protocol,
or other similar criterion or a statement that such a rule, guideline, protocol, or other
similar criterion was relied on and that a copy of such rule, guideline, protocol, or other
criterion will be provided free of charge to the Participant upon request," and
5. A statement of the Participant's right to bring suit under ERISA § 502(a).
12.11 PAYMENT TO REPRESENTATIVE: In the event that a guardian, conservator or other legal
representative has been duly appointed for a Participant entitled to any payment under the Plan, any such
payment due may be made to the legal representative making claim therefor, and such payment so made
shall be in complete discharge of the liabilities of the Plan therefor and the obligations of the
Administrator and the Employer.
12.12 PROTECTED HEALTH INFORMATION. The provisions of this Section will apply only to those
portions of the Plan that are considered a group health plan for purposes of 45 CFR Parts 160 and 164.
The Plan may disclose PHI to employees of the Employer, or to other persons, only to the extent such
disclosure is required or permitted pursuant to 45 CFR Parts 160 and 164. The Plan has implemented
administrative, physical, and technical safeguards to reasonably and appropriately protect, and restrict
access to and use of, electronic PHI, in accordance with Subpart C of 45 CFR Part 164. The applicable
claims procedures under the Plan shall be used to resolve any issues of non - compliance by such
individuals. The Employer will:
30
P96
• not use or disclose PHI other than as permitted or required by the plan documents and permitted or
required by law;
• reasonably and appropriately safeguard electronic PHI created, received, maintained, or transmitted
to or by the it on behalf of the Plan, in accordance with Subpart C of 45 CFR Part 164;
• implement administrative, physical, and technical safeguards that reasonably and appropriately
protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives,
maintains, or transmits on behalf of the Plan;
• ensure that any agents including a subcontractors to whom it provides PHI received from the Plan
agree to the same restrictions and conditions that apply to the Employer with respect to such
information;
• not use or disclose PHI for employment - related actions and decisions or in connection with any
other employee benefit plan of the Employer;
• report to the Plan any use or disclosure of the information that is inconsistent with the permitted uses
or disclosures provided for of which it becomes aware;
• make available PHI in accordance with 45 CFR Section 164.524;
• make available PHI for amendment and incorporate any amendments to PHI in accordance with 45
CFR Section 164.526;
• make available the information required to provide an accounting of disclosures in accordance with
45 CFR Section 164.528;
• make its internal practices, books, and records relating to the use and disclosure of PHI received
from the Plan available to the Secretary of Health and Human Services or his designee upon request
for purposes of determining compliance with 45 CFR Section 164.504(t);
• if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any
form and retain no copies of such information when no longer needed for the purposes for which
disclosure was made, except that, if such return or destruction is not feasible, limit further uses and
disclosures to those purposes that make the return or destruction of the information infeasible; and,
• ensure that the adequate separation required in paragraph (f)(2)(iii) of 45 CFR Section 164.504 is
established.
For purposes of this Section, "PHI' is "Protected Health Information" as defined in 45 CFR Section
160.103, which means individually identifiable health information, except as provided in paragraph (2)
of the definition of "Protected Health Information' in 45 CFR Section 160.103, that is transmitted by
electronic media; maintained in electronic media; or transmitted or maintained in any other form or
medium by a covered entity, as defined in 45 CFR Section 164.104.
SECTION XIII
MISCELLANEOUS PROVISIONS
13.01 INABILITY TO LOCATE PAYEE: If the Plan Administrator is unable to make payment to any
Participant or other person to whom a payment is due under the Plan because it cannot ascertain the
identity or whereabouts of such Participant or other person after reasonable efforts have been made to
identify or locate such person, then such payment and all subsequent payments otherwise due to such
Participant or other person shall be forfeited following a reasonable time after the date any such
payment first became due.
31
P97
13.02 FORMS AND PROOFS: Each Participant or Participant's Beneficiary eligible to receive any benefit
hereunder shall complete such forms and furnish such proofs, receipts, and releases as shall be required
by the Administrator.
13.03 NO GUARANTEE OF TAX CONSEQUENCES: Neither the Administrator nor the Employer makes
any commitment or guarantee that any amounts paid to or for the benefit of a Participant or a Dependent
under the Plan will be excludable from the Participant's or Dependent's gross income for federal or state
income tax purposes, or that any other federal or state tax treatment will apply to or be available to any
Participant or Dependent.
13.04 PLAN NOT CONTRACT OF EMPLOYMENT: The Plan will not be deemed to constitute a contract
of employment between the Employer and any Participant nor will the Plan be considered an
inducement for the employment of any Participant or employee. Nothing contained in the Plan will be
deemed to give any Participant or employee the right to be retained in the service of the Employer nor to
interfere with the right of the Employer to discharge any Participant or employee at any time regardless
of the effect such discharge may have upon that individual as a Participant in the Plan.
13.05 NON - ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract,
engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale,
assignment, transfer, encumbrance, pledge, attachment, garnishment, execution or other voluntary or
involuntary alienation or other legal or equitable process, nor transferability by operation of law.
13.06 SEVERABILITY: If any provision of the Plan will be held by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions hereof will continue to be fully effective.
13.07 CONSTRUCTION:
a. Words used herein in the masculine or feminine gender shall be construed as the feminine or
masculine gender, respectively where appropriate.
b. Words used herein in the singular or plural shall be construed as the plural or singular,
respectively, where appropriate.
13.08 NONDISCRIMINATION: In accordance with Code Section 125(6)(1), (2), and (3), this Plan is
intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section
125(e)(1)) as to contributions and benefits nor to provide more than 25% of all qualified benefits to Key
Employees. If, in the judgment of the Administrator, more than 25% of the total nontaxable benefits are
provided to Key Employees, or the Plan discriminates in any other manner (or is at risk of possible
discrimination), then, notwithstanding any other provision contained herein to the contrary, and, in
accordance with the applicable provisions of the Code, the Administrator shall, after written notification
to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be
necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory.
13.09 ERISA. The Plan shall be construed, enforced, and administered and the validity determined in
accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as
amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the
Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will
not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be
determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will
continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include
the provision determined to be void.
32
P98
PD- 10 /l4
P99
4/4/2016 2:49 PM
33
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Proclamation — National Police Week
05 -02 -2016
6(e)
May 15 -21, 2016
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
CONSENT AGENDA:
Proclamation
ACTION:
Yes
STAFF CONTACT(S):
INFORMATION:
Mr. Monday
ATTACHMENTS:
(1) Proclamation
REVIEWED BY:
BACKGROUND:
Each year the Board of Supervisors, in cooperation with the Pittsylvania County Sheriff's Department and Virginia
State Police, prepare a Proclamation to provide awareness for the National Police Week.
DISCUSSION:
Attached hereto, you will find a proclamation for Pittsylvania County concerning National Police Week for May
15-21,2016.
The Board of Supervisors encourages citizens to attend the memorials and provide support for Fallen Officers that
have been killed in the line of duty protecting the citizens of Pittsylvania County. The Sheriff will hold the annual
memorial on Tuesday, May 10, 2016 at 7:00 pm in the Chatham Baptist Church in Chatham.
The Honorable Michael W. Taylor, Sheriff, plans to be present to accept the proclamation.
Staff recommends the Board of Supervisors approve the proclamation and authorize the County Administrator to
forward a copy to local media.
P100
Pittoplbania Couutp 38oarb of *uperbigom
Proclamation
NATIONAL POLICE WEEK
May 15-21,2016
TO RECOGNIZE NATIONAL POLICE WEEK 2016 AND TO HONOR THE SERVICE AND SACRIFICE OF THOSE LAW
ENFORCEMENT OFFICERS KILLED IN THE LINE OF DUTY WHILE PROTECTING OUR COMMUNITIES AND
SAFEGUARDING OUR DEMOCRACY.
WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the
United States, including the dedicated members of the Virginia State Police and Pittsylvania County Sheriffs
Office; and
WHEREAS, there have been 15,725 assaults against law enforcement officers in 2014, resulting in
approximately 13,824 injuries; and
WHEREAS, since the first recorded death in 1791, more than 20,000 law enforcement officers in the
United States have made the ultimate sacrifice and been killed in the line of duty, including eight members of
the Pittsylvania County Sheriffs Office; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law
Enforcement Officers Memorial in Washington, D.C.; and
WHEREAS, 252 new names of fallen heroes are being added to the National Law Enforcement Officers
Memorial this spring, including 123 officers killed in 2015 and 129 officers killed in previous years; and
WHEREAS, May 15, 2016 is designated as Peace Officers Memorial Day, in honor of all fallen officers
and their families and U.S. flags should be flown at half - staff,
WHEREAS, because May 15, 2016 falls on a Sunday, the service and sacrifice of all officers killed in
the line of duty will be honored on Tuesday, May 10, 2016 at 7:00 PM at the First Baptist Church in Chatham;
then
THEREFORE, BE IT RESOLVED that the Board of Supervisors formally designates May 15 -21, 2016,
as Police Week in Pittsylvania County, Virginia, and publicly salutes the service of law enforcement officers in
our community and in communities across the nation.
Given under my hand this day 2ndday of May, 2016
Jessie L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
P101
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Proclamation — National Teacher Appreciation Week;
May 2 -6, 2016 and Teacher Appreciation Day:
May 3, 2016
SUBJECT/PROPOSAL/REQUEST:
Proclamation of Appreciation
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
05 -02 -2016
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Proclamation
REVIEWED BY:
ITEM NUMBER:
6(f)
INFORMATION:
INFORMATION:
BACKGROUND:
National Teacher Appreciation Day, also known as National Teacher Day, is celebrated on Tuesday of the first full
week in May. This day is part of Teacher Appreciation Week which is the first full week in May of each year. The
National Education Association describes National Teacher Day "as day for honoring teachers and recognizing the
lasting contributions they make to our lives ".
Attached hereto, is a proclamation establishing May 2 -6, 2016 as Teacher Appreciation Week, and May 3, 206 as
Teacher Appreciation Day in Pittsylvania County. The Board of Supervisors expresses their sincere appreciation to
the teachers in Pittsylvania County for their dedication and devotion to their work.
Ms. Teresa Petty, Assistant Superintendent for Instruction, will be present to accept the proclamation.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator
to submit it to local news media.
P102
vittolbania County JBoarb of *uperbisom
vrodarnation
Teacher Appreciation Week
May 2 -6, 2016
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on
Monday, May 2, 2016, the following proclamation was adopted celebrating Teacher
Appreciation Week May 2 -6, 2016 and Teacher Appreciation Day May 3, 2016.
WHEREAS, teachers mold in a positive direction the future citizens and future leaders of our
country through guidance and education; and
WHEREAS, teachers encounter students of widely differing backgrounds and we entrust our
children with the teachers and they affect the lives of our children on a daily basis; and
WHEREAS, our country's future depends upon providing quality education to all students; and
WHEREAS, teachers spend countless hours preparing lessons, evaluating progress, counseling
and coaching students and performing community service; and
WHEREAS, the Board of Supervisors recognizes and supports its teachers in educating the
children of Pittsylvania County; then
NOW, THEREFORE, BE IT RESOLVED that the Pittsylvania County Board of Supervisors
proclaims May 2 -6, 2016 to be Teacher Appreciation Week and observes Tuesday, May 3, 2016
as Teacher Appreciation Day; and
BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors strongly
encourages all citizens of Pittsylvania County to join in with personally expressing appreciation
to our teachers for their dedication and devotion to their work.
Given under my hand this 2 "d day of May, 2016
Jessie L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
P103
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution of Recognition — Edward Blount
SUBJECT/PROPOSAL/REQUEST:
Resolution
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
05 -02 -2016
ACTION:
CONSENT AGENDA:
ACTION:
Yes
INFORMATION:
ATTACHMENTS:
(1) Resolution 2016 - 055- --002J�
REVIEWED BY: V " �
ITEM NUMBER:
6(g)
INFORMATION:
BACKGROUND:
Edward Blount, junior at Dan River High School, was named as the Sanders Scholar following his participation in
the 2015 -16 Young Entrepreneurs Academy (YEA!) of the Danville - Pittsylvania County Chamber of Commerce.
Mr. Blount will continue on to compete for a national title at "America's Small Business Summit' in Washington,
D.C.
Attached hereto, you will find Resolution 2016- 05 -02, recognizing Edward Blount for his outstanding achievement
and his selection as the 2015 -16 YEA! Sanders Scholar.
Edward Blount is expected to be present to accept the resolution as well as Ms. Laurie Moran, Executive Director
of the Danville - Pittsylvania County Chamber of Commerce.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Resolution 2016 -05 -02 and authorize its distribution to the
local media.
P104
Vittfsptbania Countp JBoorh of 6upabigom
RESOLUTION
2016 -05 -02
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General
District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, May
2, 2016, the following resolution was presented and adopted:
WHEREAS, Edward Blount is a resident of Pittsylvania County and a junior at Dan River High
School; and
WHEREAS, Edward Blount is CEO of Your Local Mushrooms, the enterprise he formed during
his seven -month participation in the 2015 -16 Young Entrepreneurs Academy (YEA!) of the Danville -
Pittsylvania County Chamber of Commerce; and
WHEREAS, fifteen middle school and high school students participated in the 2015 -16 Young
Entrepreneurs Academy; and
WHEREAS, Edward Blount was named as the Sanders Scholar for his development of his
business, Your Local Mushrooms, and will move on to compete in Washington, D.C. at "America's
Small Business Summit" for a national title, college scholarship awards and business - services prizes
against other student businesses across the county; and
WHEREAS, Edward Blount has been a past Chief of the Tuscarora Center, a section of the
National Honor Society of the Boy Scouts of America and is a candidate to be an Eagle Scout; and is a
member of the DECA Club at Dan River High School; and
WHEREAS, Edward Blount sets an exemplary role model for his peers and representation of his
generation; then
NOW, THEREFORE, BE IT RESOLVED, the Pittsylvania County Board of Supervisors, on
the behalf of all the citizens of Pittsylvania County, express their sincere admiration and congratulations
to Edward Blount in his being named the Sanders Scholar of the 2015 -16 Young Entrepreneurs Academy
of the Danville - Pittsylvania County Chamber of Commerce; and wish him continued success in both his
upcoming competition at the America's Small Business Summit in Washington, D.C. and with his
business, Your Local Mushrooms; and
Blount.
BE IT FURTHER RESOLVED that a certified copy of this resolution be presented to Edward
Given under my hand this 2nd day of May, 2016.
P105
Jessie L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
UNFINISHED
BUSINESS
P106
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE: ITEM NUMBER:
AGENDA TITLE: 1 5 -02 -2016 7
Expenditure Refunds for March 2016 - Motion made by ACTION: INFORMATION:
Mr. Warren and seconded by Mr. Blackstock and has Yes
now met the 10 -day layover requirement.
This requires a roll call vote. CONSENT AGENDA:
ACTION: INFORMATION:
SUBJECTIPROPOSALIREOUEST:
ATTACHMENTS:
Budget Amendment for expenditure refunds Expenditures Refunds Memo
STAFF CONTACT(S):
X
DISCUSSION:
Attached is a list of expenditure refunds for the month of March 2016 for review. As discussed earlier with
the Board, the simple routine of putting every refund back in the budget is extremely time consuming and
leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of $97,085.84 as follows: $8,078.68 to County Fleet -Parts (100 -4-
012520- 6030), $2,423.35 to County Fleet- Labor, $200.00 to Clerk of Court- Copier Lease (100- 4- 021600-
60051), $500.00 to Sheriff - Project Lifesaver (100 -4- 031200 - 5882), $108.20 to Sheriff - Police Supplies (100-
4- 031200 - 6010), $2,953.55 to Sheriff -Parts (100 -4- 031200 - 6030), $1,089.60 to Sheriff -Labor (100 -4-
031200- 6031), $250.00 to Fire Marshall- Training (100 -4- 031700 - 5540), $41.00 to Jail -Food Supplies (100-
4- 033100 - 6002), $190.00 to Recreation - Recreation Supplies (100 -4- 071100 - 6014), $1,800.00 Library -Office
Supplies (100 -4- 073100 - 6001), $79,451.46 to WIA -Rent (251 -4- 353853- 6014). MOTION MADE BY MR.
WARREN AND SECONDED BY MR. BLACKSTOCK AND HAS NOW MET THE 10 -DAY LAYOVER
REQUIREMENT. THIS REQUIRES A ROLL CALL VOTE.
P107
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Expenditure Refunds for March 2016 - Requires a
motion and a 10 -day layover.
SUBJECT/PROPOSAL/REQUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
4 -19 -16
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Expenditures Refunds Memo
REVIEWED BY:
ITEM NUMBER:
12(c)
INFORMATION:
INFORMATION:
DISCUSSION:
Attached is a list of expenditure refunds for the month of March 2016 for review. As discussed earlier with
the Board, the simple routine of putting every refund back in the budget is extremely time consuming and
leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of $97,085.84 as follows: $8,078.68 to County Fleet -Parts (100 -4-
012520- 6030), $2,423.35 to County Fleet- Labor, $200.00 to Clerk of Court- Copier Lease (100- 4- 021600-
60051), $500.00 to Sheriff - Project Lifesaver (100 -4- 031200 - 5882), $108.20 to Sheriff - Police Supplies (100-
4- 031200 - 6010), $2,953.55 to Sheriff -Parts (100 -4- 031200 - 6030), $1,089.60 to Sheriff -Labor (100 -4-
031200- 6031), $250.00 to Fire Marshall- Training (100 -4- 031700 - 5540), $41.00 to Jail -Food Supplies (100-
4-033100-6002), $190.00 to Recreation - Recreation Supplies (100 -4- 071100 - 6014), $1,800.00 Library -Office
Supplies (100 -4- 073100 - 6001), $79,451.46 to WIA -Rent (251 -4- 353853- 6014). THIS ITEM REQUIRES A
MOTION AND A 10 -DAY LAYOVER.
P108
Finance Department
P. O. Box 426
Chatham, Virginia 24531
PITTSYLVANIA COUNTY
VIRGINIA
MEMO TO: Clarence C. Monday
County Administrator
FROM: Kim Van Der Hyde
Finance Director
SUBJECT: March Expenditure Refunds
DATE: April 13, 2016
Phone (434) 432 -7740
Fax (434) 432 -7746
Gretna /Hurt 1434) 656 -6211
Bachelors Hall/Whitmell (434) 797 -9550
The list below shows all expenditure refunds that were sent to the Finance Department
during the month of March. I am recommending that all of the following expenditure
refunds be reappropriated by the Board of Supervisors:
100 -4- 012520 -6030 County Fleet -Parts 8,078.68
Insurance Claim
100 -4- 012520 -6030 County Fleet -Labor 2,423.35
Insurance Claim
1004- 021600 -60051 Clerk of Court - Copier Lease 200.00
Reimbursement
100 -4- 031200 -5882 Sheriff - Project Lifesaver 500.00
Donations (100-3-000000-189903)
100 -4- 031200 -6010 Sheriff - Police Supplies 108.20
Reimbursement
100 -4- 031200 -6030 Sheriff -Parts 2,953.55
Insurance Claim
100 -4- 031200 -6031 Sheriff -Labor 1,089.60
Insurance Claim
100 -4- 31700 -5540 Fire Marshall- Training 250.00
Reimbursement
100 -4 -033100 -6002 Jail -Food Supplies 41.00
Reimbursement for Food
P109
100 -4- 071100 -6014 Recreation - Recreation Supplies 190.00
Softball Fees Returned
100 -4- 073100 -6001 Library -Office Supplies 1,800.00
Donation
251 -4- 353853 -6014 WIA -Rent 79,451.46
Rent Payments (251 -3- 000000 - 150201)
TOTAL MARCH EXPENDITURE REFUNDS $97,085.84
P110
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Appropriation for Professional Services and Approval 05 -02 -2016
of Scope of Work — Springsted, Inc.
ACTION:
Yes
SUBJECT/PROPOSAL/REQUEST:
Appropriation for Professional Services and Approval CONSENT AGENDA:
of Scope of Work — Springsted, Inc. ACTION•
STAFF CONTACT(S):
Mr. Monday
INFORMATION:
ATTACHMENTS:
ITEM NUMBER:
8
INFORMATION:
BACKGROUND:
At their April 19, 2016 adjourned meeting, the Board of Supervisors:
1) Voted unanimously to hire Springsted, Inc., a professional executive recruiting firm, to coordinate the
search for a County Administrator; and
2) Directed staff to seek financial support for the above services.
DISCUSSION:
Springsted is approved via State Contract to assist a local governing body through the entire executive search
process, from advertising to selection of a County Administrator. The specific scope of work is flexible to meet the
exact needs of the Board and will be defined in the near future. Negotiated fees equal $21,100. Standard services
include the following Scope of Work:
• Developing position profile specific for the County
• Advertising
• Receiving Applications
• Reviewing applications and comparing credentials /experience to position profile
• Recommending slate for consideration by Board of Supervisors and providing full report of candidates
• Assisting Board of Supervisors in narrowing candidates
• Scheduling interviews
• Conducting background check
• Assisting during interviews as directed by the Board of Supervisors
• Negotiating terms and contract
Staff has solicited financial assistance locally and is expected to receive positive news within the month.
1`111
Springsted staff plans to meet with the Board of Supervisors at their June 6, 2016 meeting. At that time, the Board
should be prepared to offer input as to the skills set, experience, and qualifications desired from County
Administrator candidates. Such information will be utilized to prepare a Position Profile used in concert with the
advertisement. A timeline will be developed and shared with the Board to keep the process moving.
In order to proceed, appropriation of funds is required to start the 10 -Day Layover. Final approval of the
appropriation will be on the May 17, 2016 agenda at which time confirmation of cost sharing is anticipated.
Staff recommends the Board of Supervisors approve appropriating $21,100 from unassigned fund balance for
Springsted, Inc. Professional Services for the County Administrator search. A 10 -Day Layover is required.
P1 12
NEW BUSINESS
P113
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Recommendations from Legislative Committee
SUBJECT/PROPOSAL/REQUEST:
Committee Recommendations
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
05 -02 -2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
9
INFORMATION:
INFORMATION:
ATTACHMENTS:
1) Proposed revision of PCC Chapter 43
2) Proposed revision of BOS By -Laws
DISCUSSION:
The Legislative Committee met on April 21, 2016 at 3:00 PM. The following recommendations came from
Committee to the Board of Supervisors:
1. Proposed revision to Chapter 43 of the Pittsylvania County Code (Disclosure Statements): revisions would
mirror requirements in accordance with the Virginia State and Local Government Conflicts of Interest Act
(see attached).
2. Code of Ethics /BOS Bylaws: revisions would remove the last paragraph of Section 18 under Article VII and
remove the Model of Excellence Statement (see attached).
Items 1 & 2 will require a public hearing for citizen input before the Board can take action.
3. Agenda Notice Change: At present, the Board of Supervisors approved the meeting schedule for each
calendar year at their Re- organization meeting each January. Once approved that schedule is published
online for public view. This will continue as in previous years. On the Monday proceeding the week of a
Board meeting, a Public Meeting Notice will be published online and available in County Administration
for public viewing. On the Friday proceeding each meeting, the Agenda Packet, containing the agenda and
supporting documents will be published, just as it is now. Furthermore, as now, it will be available in the
County Administration Office and published online so its availability to the citizens is at the same time it is
P114
available to Board members. This is how is it currently done. Furthermore, an agenda only will also be
published online for those citizens wishing to view the agenda without supporting documents, and in the
County Administration Office.
No public hearing is required for the Board to take action on Item 3.
The following items are currently under review by the Legislative Committee:
a) Updating the Planning Commission By -Laws. Any recommendations for updates will be sent to the
Board of Supervisors at a future date for their review, and then to the Planning Commission for
their review.
b) Consideration of a Solar Farm Ordinance. The Legislative Committee directed staff to draft two
options to bring back to committee: One would be handling solar farms via Special Use Permit
with conditions; the other option would be to handle solar farms via ordinance.
c) Gun Range Ordinance. The Director of Code Compliance was directed by the Legislative
committee to obtain the NRA requirements for a range; review said requirements; and develop a
plan forward, if necessary.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration. Should the Board approve the
Legislative Committee's recommendation to hold a public hearing for revisions to PCC Chapter 43 and the Board
of Supervisors' By -Laws (Items 1 & 2), the public hearing would be held on May 17, 2016 at 7:00pm.
Should the Board of Supervisors approve the Legislative Committee's recommendation for Item 3, Agenda Notice
Change, a simple majority vote would be required.
P115
PITTSYLVANIA COUNTY CODE
CHAPTER 43
DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND
EMPLOYEESSTATEMENT OF ECONOMIC !NTTAMST
§ 43 -1. Purpose.
§ 43 -2. When and by Whom Required.
§ 43 4. Fafms 4E) be Filed with Cledi
§ 43 -33. Additional Disclosure.
Sec. 43 -1. PURPOSE.
To enhance citizen confidence in local government, they disclosure statement of personal
interests of certain county officers and employees is required in accordance with the Virginia
State and Local Government Conflict of Interests Act.
SEC. 43 -2. WHEN AND BY WHOM REQUIRED.
The following Countv officers and employees shall file a disclosure statement of their personal
interests and other information as is specified /required in and by the applicable sections of the
Virginia State and Local Government Conflict of Interest Act and other applicable statutes on the
form(s) required /provided therein by the date /dates also specified therein. A nfluall , on or beti)~°
individuals shall make eefflplete diselesufe of theif personal interest, as feqiiired by !a .
1. Members of the Board of Supervisors;
2. Members of the School Board;
3. Members of the Planning Commission;
4. Members of the Board of Zoning Appeals;
5. Members of the Industrial Development Authority;
P116
6. Members of the Service Authority;
7. Members of the Board of Equalization:
8. Members of the Board of Assessors;
9. Members of the Board of Building Code Appeals:
10. Real Estate Assessors;
11. Treasurer;
12. Commonwealth's Attorney•
13. Sheriff:
14. Commissioner of the Revenue:
15. Clerk of Court;
16. Countv Administrator;
17. Assistant County Administrators;
18. County Attomey;
19. All County Department Heads;
20. Director of Service Authority; and
21. Assistant Director of Service Authority.
P117
SEQ 43 3. DISCLOSW4E FORM.
the Seervtavy of !he Ceffimenweafth. The Clerk of the Board of Super-visers shall distfibtite th
fii�aneW diselesure forms no later than the 10th of Deeembef of eaeb yeaf to eaeh offleer er
person fequired to 4ile such forms under Section 43 2.
SEC 43 A FORM TO RG FILED WITH C- FDu
All persons requifed by this ai4iele io file an annual diselosure statement of their personal intefes
as presided in See ien113 2, sheAl „ plete the r provided by the Cle L ooff
Supervisors and shall file a eepy thereof with said eler4E.
SEC. 43 -3 -5. ADDITIONAL DISCLOSURE.
Nothing contained in this articledivisien shall be deemed to relieve any person subject to the
Vircinia State and Local Government Conflict of Interests Act from any requirement of
disclosure of his or her personal interest in a transaction of specific application, not otherwise
identified in the forms required hereby, or from the additional disclosures required by Section
2.2- 3115'.' 639..14 of the Code of Virginia,41950j, as amended.
P118
.
. OWN
WON
Nil 0 e
P118
BY -LAWS RULES OF PROCEDURE, AND STANDARDS OF CONDUCT
OF THE BOARD OF SUPERVISORS OF
PITTSYLVANIA COUNTY. VIRGINIA
(B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/01/13, 10/06/14,
11/03/14)
PURPOSE:
To establish and set forth certain rules to provide for the orderly conduct of County business, to
prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of
business, and to provide for the efficient handling thereof.
GENERAL:
The term `Board of Supervisors" shall also be understood to mean "the Board" wherein it
appears.
ARTICLE I. Election, Composition, and Function of the Board.
1.1. The Board shall be composed of seven (7) members who shall be elected by the qualified
voters of the County; one (1) member shall be elected from each of the seven (7) election
districts. Pursuant to § 24.2 -219 of the Code of Virginia, 1950, as amended, beginning with the
November 2015 General Election, the Pittsylvania County Board of Supervisors shall be elected
to staggered terms as follows: the voters in the Banister, Callands- Gretna, and Dan River
Election Districts shall elect a member of the Board of Supervisors for a two -year term, and the
voters in the Chatham - Blairs, Staunton River, Tunstall, and Westover Election Districts shall
elect a member of the Board of Supervisors for a four -year term. At the November 2017 General
Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two
-year term shall elect a Supervisor for a four-year term, and thereafter elections for all
Supervisors will be held on a biennial basis for four-year terms.
1.2. At the first regular meeting of the Board in January each year, there shall be elected a
chairman to serve for a period of one (1) year expiring on December 31st, or until replaced by
the Board membership. The County Administrator, serving as temporary Chairman, shall take
nominations. Nominations require a second, and the vote will be taken in the order the
nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall
be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof,
and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the
County; and when the Board is not in session, he shall provide policy guidance to the County
Administrator and the County Attorney. The Chairman shall continue to be a voting member of
the Board.
1.3. The Board shall also elect a Vice - Chairman to serve a concurrent term with the Chairman.
In absence or incapacity of the Chairman, the Vice - Chairman shall assume all the duties and
Page 1 of 11
P119
functions of the Chairman. In the ease where the Chairman and Vice Chairman are absent from a
meeting, the members present shall choose one of their number as temporary Chairman.
1.4. The Board shall have both administrative and legislative responsibilities, some of which
shall be discharged in their role as governing body and some of which they derive as an
administrative political subdivision of the Commonwealth. The powers and duties of the Board
shall include, but not be limited to, the following: preparation and adoption of the County
Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings,
making and enforcing ordinances, providing for the general health safety and welfare of the
public, and generally exercising all other powers and functions normally attributed to
government and permitted by the Laws of the Commonwealth.
ARTICLE II. Meetings.
2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at
7:00 p.m. for the purpose of discharging their administrative and legislative responsibilities.
2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion
with "Robert's Rules of Order" modified by State Law, being used as the parliamentary
procedure.
2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of
the Board and shall, when so directed by the Chairman, expel any person or persons from such
meetings.
2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public
rail" in the Courtroom and all other persons shall sit behind the "public rail ".
2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested
to be placed on the agenda shall be submitted in writing to the County Administrator five (5)
working days before the meeting; however, members of the Board of Supervisors may make oral
requests. Any items received after that time shall appear on the next regular meeting agenda
unless all members of the Board are present and by a unanimous vote to place such items upon
the agenda.
2.6. The order of business at all regular meetings of the Board shall be as follows. No additional
items of business shall be considered after the agenda is approved.
Call to Order
Moment of Silence and/or Silent Prayer
Roll Call
Pledge of Allegiance
Items to be Added to the Agenda
Approval of Agenda
Consent Agenda
Public Hearing (if any)
Page 2 of 11
P120
Presentations /Recognitions
Hearing of Citizens
Unfinished Business
New Business
Appointments
Reports from Board Members
Reports from Officers and Committees
Reports from County Attorney
Reports from County Administrator
Closed Meeting (if needed)
Adjournment
2.7. All presentations to the Board shall normally be limited to no more than ten (10) minutes,
except as herein provided.
2.8. Public hearings shall be conducted as follows and any person wishing to address the Board
shall do so in this manner:
Each person addressing the Board shall step up, give his/her name and district in an audible tone
of voice for the record, and unless further time is granted by the Chairman, shall limit his/her
address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers
shall conclude their remarks at that time unless the consent of the Board is affirmatively given to
extend the speakers allotted time. No person shall be permitted to address the Board more than
once on the same subject in any one (1) meeting, but may also address the Board once on more
than one (1) subject. All remarks shall be addressed to the Board as a body and not to any
individual member thereof. No person, other than the Board and the person having the floor,
shall be permitted to enter into any discussion, either directly or indirectly or through a member
of the Board, without first being recognized by the Chairman. No question shall be asked a
Board member except through the Chairman.
2.8.1. Hearing of Citizens shall be identified on the agenda of regular meetings of the Board of
Supervisors.
Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the
registered agent of such resident or land owner. Each person shall step up, give his /her name and
district in an audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes. Speakers shall conclude their remarks
at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted
time. All remarks shall be addressed to the Board as a body and not to any individual member
thereof. No person, other than the Board and the person having the floor, shall be permitted to
enter into any discussion, either directly or indirectly or through a member of the Board, without
first being recognized by the Chairman. No question shall be asked a Board member except
through the Chairman.
2.9. The Board may from time -to -time hold special, adjourned, and informational meetings in
accordance with the laws of the Commonwealth.
Page 3 of 11
P121
2. 10. Each oral motion or resolution shall be taken down by the Deputy Clerk or Chairman and
read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken.
2.11. Matters presented by the Board are generally used for individual Board members to share
information with other members of the Board and the public. Prior to the agenda being prepared,
a member of the Board may contact the Clerk or Deputy Clerk and have an item included under
this heading. The County Administrator shall prepare an Executive summary which will inform
other members of the Board of the particulars pertaining to this item.
2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in
Section 2.5, or by a motion to suspend the rules carried by a majority of the Board; provided all
Board members are present.
2.13. Quorum and Method of Voting
At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted
to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors
voting on any such question, unless otherwise provided by law. The name of each member
voting and how he or she voted must be recorded. The Board of Supervisors has elected not to
have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be
considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as
amended.
Each member present when a question is put shall vote "yes' or "no." No member shall be
excused from voting except on matters involving the consideration of his own official conduct or
where his own financial interests are involved or where he may have a conflict of interest,
pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter
31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended).
2.14. Procedure for Roll Call for Board Members
(1) The Members of the Board shall cast votes in district order on a rotating basis.
(2) The Chairman of the Board of Supervisors shall cast the last vote.
2.15. Remote Participation in Board Meeting
As authorized by § 2.2- 3708.1 of the Code of Virginia, 1950, as amended, the Board of
Supervisors of Pittsylvania County, Virginia, shall allow the participation of members of the
Board in a meeting through electronic communication means from a remote location that is not
open to the public subject to complying with all parts of the following written policy:
1. On or before the day of a meeting, the Supervisor shall notify the Board Chairman that
the Supervisor is unable to attend the meeting due to an emergency or a personal matter and the
Supervisor shall identify with specificity the nature of the emergency or personal matter, or the
Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due
Page 4 of 11
P122
to a temporary or permanent disability or other medical condition that prevents the Supervisor's
physical attendance. The Board shall record the specific nature of the emergency, personal
matter, or fact of temporary or permanent disability, and the remote location from which the
absent Supervisor participated in its minutes.
2. If the absent Supervisor's remote participation is disapproved because such
participation would violate the strict and uniform application of this written policy, such
disapproval shall be recorded in the Board's minutes.
3. Such participation by the absent Supervisor shall be limited in each calendar year to
two (2) meetings, or 25 percent (25 %) of the meetings of the Board, whichever is fewer.
4. A quorum of the Board shall be physically assembled at the primary or central meeting
location.
5. The Board shall make arrangements for the voice of the absent Supervisor to be heard
by all persons in attendance at the primary or central meeting location.
Article I11. County Administrator.
3. 1. The Board may appoint a County Administrator who shall serve at the pleasure of the
Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of
the County and shall perform his/her duties in accordance with the laws of the commonwealth
and the policies of the County as established by the Board in regular or special session for that
purpose. When the Board is not in session, the County Administrator shall receive guidance
concerning policy from the Chairman, and in his absence, the Vice - Chairman.
3.2. The County Administrator shall be in complete charge of personnel of the County and shall,
in accordance with established policy, hire and fire. Any action of the County Administrator
concerning dismissal of personnel is subject to review by the Board and can be reversed by a
two - thirds vote of the Board. Such review shall be limited to charges of discrimination and
failure to follow personnel policies on the part of the Administrator in the conduct of dismissal.
3.3. The County Administrator shall serve as the purchasing agent for the County as defined by
Chapter 26, Section 2, of the Pittsylvania County Code.
3.4. He shall have charge of the administration of the financial affairs of the County, and to that
end, shall have authority and be required to:
(a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and
capital budgets.
(b) Supervise and control all encumbrances, expenditures, and disbursements to insure that
budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the
financial needs of the County.
Page 5 of 11
P123
(c) Require at such intervals as he may deem expedient or as instructed by the Board of
Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and
he may prescribe the times at, and the manner in which, money is received by them shall be paid
to the County Treasurer or deposited subject to modifications as prescribed and set forth in the
general laws of the Commonwealth of Virginia.
Examine all contracts, purchase orders, and other documents, which create financial obligations
against the County, and approve the same only upon ascertaining that money has been
appropriated and allotted therefore, subject, however, to the provision that the Board of
Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to
meet a specific need or requirement of a particular piece of legislation approved by the Board of
Supervisors.
ARTICLE IV. Standing Committees.
4.1. The Standing Committees of the Board shall be as follows:
(a) Finance /Insurance: To aid and advise in the preparation on the County Budget and make
recommendations concerning Fiscal Policy.
(b) Personnel: To review policies and practices and make recommendations regarding the same.
(c) Property /Building: To view buildings and grounds and make recommendations regarding
the same.
(d) Legislative Committee: The Legislative Committee, in collaboration with the County
Attorney, shall review, propose changes, and maintain current revisions to the Bylaws, Rules of
Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; review,
propose changes and maintain current revisions to the Pittsylvania County Board of Supervisors
Policies and Procedures Manual; and review, propose changes, set public hearings for any
proposed changes, and maintain current revisions to the Pittsylvania County Codes and
Compliances.
4.2. Membership to the above - committees shall be appointed by the Board Chairman from the
membership of the Board and may include citizen membership. Any appointment so made shall
be for a specific term of office as determined by the Chairman.
4.3. The Board may, from time -to -time, direct that the Chairman appoint committees for a
specific purpose with a limited duration.
4.4. The Chairman shall be authorized to temporarily participate, including voting, in any
committee of the Board of Supervisors for the purpose of creating a quorum and/or taking action.
ARTICLE V. Certain Ordinances and Resolutions to Lie Over.
Page 6 of 11
P124
5. 1. No ordinance or resolution imposing taxes or appropriating money from general fund
balances, not included in the adopted budget, in excess of $5,000, shall be passed until after ten
(10) days from the introduction thereof. This shall not restrict the appropriation of State,
Federal, or other funds not in the current General Fund balances.
ARTICLE VI. Recordation of Ordinances and Resolutions.
6.1. Every resolution upon its final passage shall be recorded in a book kept for that purpose,
and shall be authenticated by the signature of the presiding officer and the County Administrator.
6.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1- above.
6.3. Every motion appropriating funds or adopting an ordinance shall be by roll call vote.
6.4. Every ordinance passed by the Board of Supervisors shall be incorporated into the
Pittsylvania County Code.
ARTICLE VII. Standards of Conduct.
Preamble
The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and
accountable local government, which has earned the public's full confidence for integrity. The
effective functioning of democratic government requires that public officials, both elected and
appointed, comply with both the letter and spirit of the laws and policies affecting the operations
of government; that public officials be independent, impartial, and fair in their judgment and
actions; that public office be used for the public good, not for personal gain; and that public
deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of
respect and civility.
To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct
for members of the Board and of the County's boards, commissions, and committees, to assure
public confidence in the integrity of local government and its effective and fair operation.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will
work for the common good of the people of Pittsylvania County and not for any private or
personal interest, and they will assure fair and equitable treatment of all persons, claims, and
transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions,
and committees.
2. Comply with the Law
Members shall comply with the laws of the nation, the Commonwealth of Virginia, and the
County of Pittsylvania, Virginia, in the performance of their public duties. These laws include,
Page 7 of 11
P125
but are not limited to: the United States and Virginia constitutions; the Code of the County of
Pittsylvania, Virginia; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government; and County
ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or
verbal attacks upon the character or motives of other members of the Board of Supervisors,
boards, commissions, and committees, the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the Board of Supervisors and boards, committees, and commissions governing the
deliberation of public policy issues, meaningful involvement of the public, and implementation
of policy decisions of the Board of Supervisors by County staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all
public discussions before the body, and focus on the business at hand. They shall refrain from
interrupting other speakers, making personal comments not germane to the business of the body,
or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than
on unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Board of Supervisors or boards, committees, and commissions, which they
may have received from sources outside of the public decision - making process.
8. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members
shall not use their official positions to influence government decisions in which they have a
material financial interest and shall disclose any substantial organizational responsibility or
personal or business relationship to the parties in any matter coming before them. This
paragraph is not intended to unduly restrict members who have minor business or professional
dealings with clients whose matters come before them. In accordance with the law, members
Page 8 of 11
P] 26
shall disclose investments, interests in real property, sources of income, and gifts; and they shall
abstain from participating in deliberations and decision - making where conflicts my exist.
9. Gifts and Favors
A member should never accept for himself or herself or for family members, favors or benefits
under circumstances which might be construed by reasonable persons as influencing the
performance of governmental duties.
10. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or
affairs of the County. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal, financial, or other private
interests.
11. Use of Public Resources
Members shall not use public resources that are not available to the public in general, such as
County staff time, equipment, supplies, or facilities, for private gain or personal purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of the Board shall not
appear on behalf of the private interests of third parties before the Board of Supervisors or any
board, committee, commission, or proceeding of the County, nor shall members of boards,
committees, or commissions appear before their own bodies or before the Board of Supervisors
on behalf of the private interests of third parties on matters related to the areas of service of their
bodies.
13. Advocacy
Members shall represent the official policies or positions of the Board of Supervisors, boards,
commissions, or committees to the best of their ability when designated as delegates for this
purpose. When representing their individual opinions and positions, members shall explicitly
state they do not represent their body or Pittsylvania County, nor will they allow the inference
that they do.
14. Policy Role of Members
The Board of Supervisors determines the policies of the County with the advice, information,
and analysis provided by the public, boards, commissions, and committees, and County staff.
The Board of Supervisors delegates authority for the administration of the County to the County
Administrator. Members, therefore, shall not interfere with the administrative functions of the
County or the professional duties of County staff, nor shall they impair the ability of staff to
Page 9 of 11
P127
implement Board policy decisions. Inquiries to staff shall be made through the County
Administrator or the appropriate department manager or director.
15. Independence of Board and Commissions
Because of the value of the independent advice of boards, committees, and commissions to the
public decision - making process, members of the Board of Supervisors shall refrain from using
their positions to unduly influence the deliberations or outcomes of board, committee, or
commission proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive workplace environment
for County employees and for citizens and businesses dealing with the County. Members shall
recognize their special role in dealings with County employees and in no way create the
perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the County, the
Pittsylvania County Standards of Conduct is intended to be self - enforcing. Therefore, it
becomes most effective when members are thoroughly familiar with and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for
the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and
appointed officials. Members entering office shall sign a statement affirming they have read and
understood the Pittsylvania County Standards of Conduct. In addition, the Board of Supervisors,
boards, committees, and commissions, shall annually review the Standards of Conduct and the
Board of Supervisors shall consider recommendations from boards, committees, and
commissions to update it as necessary.
18. Compliance and Enforcement
The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected
of members of the Pittsylvania County Board of Supervisors, boards, committees, and
commissions. Members themselves have the primary responsibility to assure that ethical
standards are understood and met, and that the public can continue to have full confidence in the
integrity of government.
The chairs of boards, committees, and commissions and the Chairman of the Board of
Supervisors have the additional responsibility to intervene when actions of members that appear
to be in violation of the Standards of Conduct are brought to their attention.
reprimand, As allowed by law. the Board ef Sup I I le sanotions and fines en members whose
.
Page 10 of 11
P128
A violation of this Standards of Conduct shall not be considered a basis for challenging the
validity of a Board of Supervisors, board, committee, or commission's decision.
ARTICLE VIII. Amendments and Adoptions.
8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be
made at any meeting of the board by a majority vote of the Board present, after a notice of intent
to amend has been given to each Board member not less than ten (10) days prior to such meeting.
8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and
shall be in force and effect on the day after their passage.
Page 11 of 11
P129
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: 05 -02 -2016
Recommendation from Personnel Committee:
Personnel Policies Manual ACTION:
Yes
SUBJECT/PROPOSAL/REOUEST:
Approval of Personnel Policies Manual
STAFF CONTACT(S):
Mr. Monday; Ms. Jordan
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Personnel Policies Manual
REVIEWED BY: 0�1
ITEM NUMBER:
10
INFORMATION:
INFORMATION:
The current policy Pittsylvania County operates under is obsolete. The last update to the current personnel
manual was approved by the Board of Supervisors in February 2004.
DISCUSSION:
Under the guidance of Mr. Monday, County Administrator, a personnel committee was formed over a year
ago with representatives from various departments. The committee was charged the task of review,
revisions, and/or updates to the personnel policies manual, referred to herein as manual, in comparison to
Pittsylvania County's current manual, and manuals of surrounding localities. The personnel committee,
along with the human resources manager, finalized updates in compliance with the Department of Labor, the
Equal Employment Opportunity Commission, Wage and Hour Division, Virginia Workers' Compensation
Commission, other state and federal employment regulators. Upon nearing the final phase of the draft
manual, department supervisors were provided copies for review and feedback. Discussions on departmental
concerns, and/or suggestions continued at several staff meetings, and via emails. Supervisors were advised to
discuss updates with staff, and solicit feedback on sections that will directly affect employees' County
benefits. Prior to submitting the manual to the Personnel Committee of the Board, Mr. Monday, and Ms.
Jordan met several times for a comprehensive review of the manual, in conjunction with Mr. Hunt's legal
review.
The Personnel Committee of the Board met on April 19, 2016 at 5:30 p.m. to discuss the draft manual.
Minor revisions were recommended by the Personnel Committee. Those changes are noted, and highlighted
in the manual for sections: 2.7, Residency Policy (removed section); 6.9, Court Leave (removed wording "as
a witness "); and 6.11, Leave without Pay (added County Administrator for approval of one month).
RECOMMENDATION:
Staff recommends approval of the revised Pittsylvania County Personnel Policies Manual effective the date
of Board approval.
P130
PittsylvaniaCounty
Personnel Policies
Manual
Effective
Date Adopted
by the Board of
Supervisors
P131
TABLE OF CONTENTS
Section 5: Pay of En
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
Compensation and Classification Definitions ..............................
PayPlan. .................................... ....
Approved Schedule of Rates of Pay ........... ...............................
Administration of Pay Plan .................. __ ...................
................
New Employees.. ............................. . .. .... ...
Reinstated /Rehired Employees .................... ...............................
PartTime Employment ................................ ...............................
Transfer....................................................... ...............................
Demotions................................................... ...............................
Payand Allowances .................................... ...............................
Overtime Compensation ............................. ...............................
Emergency Call Back Policy.. ..............._... ............................._.
OnCall Policy .............................................. ...............................
Deductions..................................... ...............................
Deductions on Termination ......................... ...............................
Administrative Responsibility ....................... ...............................
PittsyNania Canty. Virginia Personnel Policies
P132
............ 15
.................. 15
................... 15
................... 15
................... 15
Revised 2016
16
16
.... 16
16
16
.... 16
... 16
... 17
17
17
.... 18
.... 18
Page
Section1:
Introduct ion ....................................................................................... ..............................6
1.1 Purpose of Personnel Policies ...................................... ..............................6
1.2 Applicability of Policies ................................................. ..............................6
1.3 Dissemination of Policies .............................................. ..............................7
1.4 Definitions ..................................................................... ..............................7
Section 2:
Qualifications for Employment ...................................................... ...............................
a
2.1 Equal Employment Opportunity and Accommodation .. ..............................8
2.2 Outside Employment .................................................... ..............................8
2.3 Physical Standards... ........ ........................................... . .......
.. .. ........... 9
2.4 Employment Investigations ........................................... ..............................9
2.5 Foam of Application ....................................................... ..............................9
2.6 Other Standards for Employment ................................. ..............................9
2.7 Code of Conduct for Public Service to Pittsylvania County ........................9
2.8 Dress Code ................................................................ ...............................
11
2.9 Anti - Nepotism Policy .................................................. ...............................
12
2.10 Pre - Employment and Application Procedures ........... ...............................
12
2.11 Immigration Law Compliance ...... ............................... ......................
......... 13
Section3:
Appointment s ........................................................................... .............................13
3.1 Vacancies ............................ .......... .................... .........................
I.............. 13
Section 4:
Classification of Positions ........................................................ ...............................
14
4.1 Classification Plan .......................................................... ...............................
14
4.2 Coverage ........................................................................ .................I.............
14
4.3 Assignment of Positions ................................................. ...............................
14
4.4 Reclassification and /or Grade Changes ........................ ...............................
14
4.5 Classification of New Positions ...................................... ...............................
14
Section 5: Pay of En
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
Compensation and Classification Definitions ..............................
PayPlan. .................................... ....
Approved Schedule of Rates of Pay ........... ...............................
Administration of Pay Plan .................. __ ...................
................
New Employees.. ............................. . .. .... ...
Reinstated /Rehired Employees .................... ...............................
PartTime Employment ................................ ...............................
Transfer....................................................... ...............................
Demotions................................................... ...............................
Payand Allowances .................................... ...............................
Overtime Compensation ............................. ...............................
Emergency Call Back Policy.. ..............._... ............................._.
OnCall Policy .............................................. ...............................
Deductions..................................... ...............................
Deductions on Termination ......................... ...............................
Administrative Responsibility ....................... ...............................
PittsyNania Canty. Virginia Personnel Policies
P132
............ 15
.................. 15
................... 15
................... 15
................... 15
Revised 2016
16
16
.... 16
16
16
.... 16
... 16
... 17
17
17
.... 18
.... 18
Section 6: Employee Leave ......................................................................... ...............................
18
6.1
Vacation Leave ................................................................ ...............................
18
61
Sick Leave ... ... ... ............................................. ................_..............
19
6.3
Hybnd Leave... ...... ......... _ ...... .......... .....................................
....... ...... __ 22
6.4
Bereavement Leave ......................................................... .............................
24
6.5
Injury Leave .................................................................... ...............................
24
6.6
Personal Leave ............................................................... ...............................
25
6.7
Inclement Weather ..... .................... .............. .......... ... ... - ....... ...............
..... ..... 25
6.8
Compensatory Time Off ................................................. ...............................
25
6.9
Court Leave . ......... ... ... .......... .............. .- ........................................
___ .... ..... 25
6.10
Military Leave.. ......... .................. ................................... ..... ___
.... ......... ... 26
6.11
Leave without Pay ................... ................................... ....................
.......... -... 27
6.12
Administrative Leave.... ..................... .- ....... ...................................
................ 27
6.13
Holidays .......................................................................... ...............................
27
6.14
Pay in Lieu of Earned and Unused Leave at Termination .............................
28
6.15
Civic and Volunteer Leave .............................................. ...............................
28
6.15
Family and Medical Leave .............................................. ...............................
28
Section 7: Separations and Discipline ....................................................... .............................29
7.1
Voluntary Separations...... ... ...................... ......................................
...... 30
7.2
Discipline.. .......... ....... ___ ............ ___ ................... ____ ................................
30
7.3
Causes for Suspension, Demotion or Dismissal ............. ...............................
30
7.4
Suspension and Minor Disciplinary Measures ......... ... .._ ....... ...__.__........
-.31
7.5
Disciplinary Procedure ..................................................... .............................
32
7.6
Resignation .................................................................... ...............................
32
7.7
Layoff ............. - ........... ......... ..... ... ... ....................................... ............
.... ....... 33
7.8
Retirement... ................................................................. .................................
33
7.9
Exit Interview and Re- employment ................................ ...............................
33
7.10
Employee Termination Protocol ..................................... ...............................
33
Section 8: Employee Benefits ..................................................................... ............................... 34
Section 9: In- Service Activities ................................................................... ............................... 35
9.1 Job - related Training ....................................................... ............................... 35
9.2 Educational Benefits ... .. .......... .......... ................................ ........ - ......... ......... 35
Section 10: Employee Assistance Program Policy Statement .................. .............................36
Section 11: Drug -Free Workplace ................................ ...............................
11.1
Purpose ..................... ........... _. .................... ............ .
11.2
Covered Workers.. ........................ ............ _ ... ... _
11.3
Applicability ............................... ...............................
11.4
Prohibited Behavior ................... ...............................
11.5
Notification of Convictions......... ........ ......... _. .... .... ...
11.6
Searches ................................... ...............................
11.7
Drug Testing ............................. ...............................
11.8
Consequences .......................... ...............................
11.9
Return-To-Work Agreements... ........... ............ .._.....
11.10
Assistance ................................ ._................ .... .........
11.11
Confidentiality ........................... ...............................
11.12
Shared Responsibility...... ... __ ......... ... _ ............ ....
11.13
Communication ......................... ...............................
Section 12: Tobacco Use Policy ......................... ...............................
12.1
Policy ................................................. ...............................
12.2
Def inition ................................... ...............................
PinsyNania County, Virginia'. Personnel Policies
P133
............................... 37
...... ...............................
37
...... ...............................
37
...... ...............................
37
...... .......... I....................
37
.............................. I......
38
...... ...............................
38
....... . _...... _......... _. _.
38
_........__...._....
. 38
. _...... _........... _. _... .....
39
_..__......_......__..........
39
_ _ .............._... _......_....
39
_....... _. _........ _ .............
39
..................... .. .......
40
............................40
Revised 2016
40
12.3 Authority.. .............................. ..................................................... ............. -- 40
Section13: Solicitation ................................................................................ ............................... 40
Section 14: Anti-Fraternization ................................................................... ............................... 41
Section15: Harassment .............................................................................. ............................... 41
15.1 Sexual Harassment......................................... .................... .......................... 41
15.2 Violations ........................................................................ ............................... 41
15.3 Retaliation ..................................................................... .............................. -41
15.4 Violence Prevention ......................................................... ............................. 41
Section 16: Grievance Procedure ............................................................... ...............................
42
16.1 Grievance .......................................................................
............................... 43
16.2 Coverage of Personnel ...................................................
............................... 44
16.3 Steps of the Grievance Procedure ..........................
.............................44
16.4 Grievability and Access ..................................................
............................... 45
16.5 General Terms ..................................................
.............................45
16.6 Compliance ..........................................................................
............................... 46
Section 17: Employee Evaluation ................................... _ ...... _................................................. 46
17.1 Form ............................................................................... ............................... 46
Section 18: Travel and Expense Policy ...................................................... ............................... 46
18.1 Purpose .......................................................................... ............................... 46
18.2 General ................... - ........................ ......................................... .................... 46
18.3 Meal Allowance .............................................................. ............................... 47
18.4 Mileage Reimbursement ................................................ ............................... 47
18.5 Non - Reimbursable Travel Expenses ............................... ............................. 47
Section 19: Health and Safety ..................................................................... ...............................
47
19.1
Occupational Safety and Health.. ..................................................................
47
19.2
Self- inspection Safety Program. .............................................................
...... 47
19.3
Accident or Injury Incident Investigation Program .......... ...............................
49
19.4
Workers' Compensabon ................................................. ...............................
50
19.5
Retum -to -work Policy................... .........................................................
........ 51
19.6
Vehicle Safety Policy and Driver Requirements.................. --
............ .......... 52
Section 20: Electronic Communications Equipment ................................ ............................... 54
20.1 County Computer Usage........................................................... ... ......... - -.... 54
Section 21: Political Activity
Section 22: Severability and
55
Piftsylvania County, Wpm: Personnel Policies 4 Revise42016
P134
Section 23: Credit Card Policy ...................................................... .............................55
23.1
Purpose......................... ................ ................. ..............................
55
212
General Requirements to Use Credit Cards ................... ...............................
55
23.3
Card Issuance. ........ ........... . . .. ............................ ........... .....................
55
23.4
Security..... ........................ . ..................... ............................
- .............. 56
23.5
Unauthorized and Inappropriate Use .............................. ...............................
56
23.6
Disciplinary Action ............................................................. .............................
56
23.7
Credit Card Accountability...._ .................................._. ...__..._.._.............._..
56
23.8
Documentation, Reconciliation, and Payment Procedures .._ ..............
57
23.9
Periodic Review..._ ........... ........ ........... .................... ......... ... ..............
......_.. 57
Section 24: Record Keeping Policy .................................................... .............................57
Section 25: Employee Service Awards & Recognition ........................... .............................SS
Section 26: Internship Program..........
The most current addition of this manual can be found on the County
website at www.pittsylvaniacountvva.gov
Pittsylvania County, Virginia: Personnel Policies
P135
Revised 2016
PITTSYLVANIA COUNTY,
VIRGINIA PERSONNEL
POLICY MANUAL
INTRODUCTION
1.1 PURPOSE OF THE PERSONNEL POLICIES
It is the policy of the Pittsylvania County Board of Supervisors to establish:
The following policies, regulations, and other administrative provisions for personnel
administration by the Board of Supervisors for Pittsylvania County for the information and
guidance of all County employees.
A. To provide equitable conditions ofemploymenlfor County employees;
B. To establish and maintain uniform standards of employment and compensation; and,
C. To provide assistance to department directors and supervisors in their administration of
personnel matters.
The Pittsylvania County Personnel Policies Manual establishes general County policies
and procedures to be used by all County employees covered by the Manual and
provides a description of the County's benefits and the general County policies pertaining
to benefits provided to employees. Policies may not always be aligned with all individual
circumstances and there may be situations which may require interpretation of existing
policies or a ruling in conjunction with an employee action related to the policies. If such
interpretations are necessary, procedures for such interpretations are established and
interpretations shall be made in keeping with the intent of the policies and procedures.
Federal or Sfate CongjdUjLQUW.2L.§jii rennirements. The ten "at -will" means
employees can terminate or be terminated at will. Exceptions are employees having written
contracts signed by the administrator.
From time to time, conditions or circumstances may require the County to make changes,
additions, or deletions to the policies and benefits provided in this Manual. When changes to
the policies and benefits of the County are made, employees will be notified of the new or
revised policies or benefits within a reasonable time.
Due to the scope of the County's operations all benefits and policies cannot be specifically set
forth in this Manual, and written notices may be circulated or new policies may be
communicated verbally from time to time. In addition, there may be special policies applicable
to particular departments with which employees in particular should be familiar. No member of
the County Administration, other than the County Administrator (with consent of the Board of
Supervisors), has the authority to modify any of the terms or provisions of this Manual. The
policies as a whole, or individually by section, may be modified, amended, or rescinded at the
sole discretion of the County without notice.
The personnel policies set forth in this Manual supersede all previous personnel policies and
serve as the official personnel policies of Pittsylvania County, Virginia.
The masculine pronoun as used in this Manual is intended to apply to both genders.
1.2 APPLICABILITY OF POLICIES
The policies herein established shall apply to all employees of the County except the following:
A. Employees of the Pittsylvania County Public Schools
B. Any employee specifically exempted by action of the Board of Supervisors; and
C. Constitutional Officers and their appointees not specifically covered by the latest revised
Cooperative Agreement.
The Board of Supervisors has the authority to take appropriate action in dealing with cases of
violation of the established policies. No employee can be exempted from the grievance
6
P136
procedure contained herein with the exception of Constitutional Officers, those identified in
Section 1.2 of this policy, and those identified in Section 16.2 of this policy.
In any case where an employee is working for a board established by the Pittsylvania
County Board of Supervisors, with the authority to make policy for that department, then
where reference herein is made to the Board of Supervisors, that department's name
should be inserted; and where reference is made to County Administrator, the name of the
director of that department should be inserted. It should be noted that boards established
by the Board of Supervisors do not have authority to change County policy. Rather, such
boards only have authority to act on those matters that specifically allow decisions or
interpretations as defined in this Manual.
The policies herein established shall apply to appointees of the County's Constitutional Officers
to the extent agreed upon by the respective Constitutional Officers, and the Board of
Supervisors and as documented in any Cooperative Agreements that may be agreed to by
all parties and adopted by the Board of Supervisors.
1.3 DISSEMINATION OF POLICIES
The County Administrator will make public complete copies of all policies and changes thereto,
and shall be responsible for maintaining complete current policies. Employees will be provided
with various changes and updates. In addition, a copy shall be maintained in the office of each
department director. Each County employee shall be given a copy of the personnel policies
upon adoption of these policies by the Pittsylvania County Board of Supervisors. Future
employees shall receive a copy of the cument personnel policies when they begin their
employment service with the County. All employees will acknowledge receipt of these policies
via a signed and dated statement, which will be maintained within the employee's personnel
file. The statement shall include the employee's confirmation that these policies have been read
and are understood by the employee. The Personnel Policies Manual shall be available for
review by any employee or the public during the County's regular business hours.
1.4 DEFINITIONS
Where used within this Manual, the following words and tens shall have the meaning indicated
below:
A. ALLOCATION. The assignment of an individual position to an appropriate class of
positions on the basis of the kind, difficulty, required skill, and responsibility of the work
performed.
B. APPOINTING AUTHORITY. That officer or body having authority under the ordinances of
the County to make appointments to positions. Unless otherwise specified, the appointing
authority shall be construed to be the Pittsylvania County Board of Supervisors.
C. APPOINTEE. A term used by the Constitutional Offices to designate those who work at the
pleasure of the Constitutional Officer. The term "employee' as used in this Manual also
applies to the appointee except where otherwise designated.
D. CLASS. A position or group of positions which are sufficiently alike in job evaluation
factors (such as duties performed, degree of supervision, required minimum requirements
of education, experience or skill and other such characteristics) to be equitably assigned
the same class title, same or similar qualification requirements, the same skill level, the
same test of fitness and the same salary range.
E. CLASSIFICATION. The entire process of assigning and reassigning individuals to
positions and positions to classes and classes to grades to the end that employees will be
employed and compensated on the basis of merit, fitness, and actual duties performed so
that there may exist equal pay for equal work.
F. CLASS DESCRIPTION. A written description of a class of positions containing a title,
statement of typical duties, responsibilities, and minimum or desirable qualifications for
applicants or incumbents to insure satisfactory performance .
G. DEMOTION. The change of an employee from a position in one class to a position in
another having a lower pay grade and requiring the performance of less responsible duties.
H. GRADE OR PAY GRADE. The numerical designation of a fixed salary range assigned to
a position, class or group of classes.
7
P137
I. IMMEDIATE FAMILY. Includes: the father, mother, child, spouse, father -in -law, mother -
in -law, grandparent, grandchildren, stepparent, stepchild, brothedstepbrother,
sisterlstepsister, grandparent, of spouse, or any relative living in the household of the
employee.
J. MERIT INCREASE. Advancement in pay of an employee to a higher step in the pay grade
based upon satisfactory display of merit in performance of duties and not requiring a
change in basic duties.
K POSITION DESCRIPTION. A detailed written description of the specific duties assigned to
and performed by a particular employee to serve as the basis for classification.
L. PROBATIONARY PERIOD. A working test period, presently established by the
department head at the time of hiring, not to exceed twelve (12) months, during which an
employee is required to demonstrate by actual performance, fitness for the appointed
duties, and general fitness and suitability as a public employee. The probationary period
may be extended if approved by the department head and the county administrator.
Employees dismissed during their probationary period do not have the right to use the
appeal procedure outlined in Section 16.
M. Norm] Work Week. The total number of hours expected to be worked by an employee in
a seven day period is considered the normal work week. The number of hours varies by
department.
QUALIFICATIONS FOR EMPLOYMENT
2.1 EQUAL EMPLOYMENT OPPORTUNITY AND ACCOMMODATION
It is the policy of PiBsylvania County to provide equal opportunity in employment and to
administer employment policies without regard to race, color, religion, sex, age, national
origin, or disability. PiBsylvania County is an equal opportunity employer that strives to
adhere to the provisions of the Equal Opportunity Act with the goal of maintaining and
promoting equal employment opportunity for all employees and applicants for employment.
This policy applies to every aspect of employment practices including, but not limited to the
following:
A. Recruiting, hiring and promoting in all job classifications without regard to race, color,
religion, sex, age, national origin, political affiliation, or disability except where such a
factor can be demonstrated as a bona fide occupational qualification.
B. All decisions for hiring or promotions shall be based solely upon each individual's
qualifications for the position to be filled.
C. Other personnel actions such as compensation, benefits, transfers, layoffs, training,
assignments, will be administered without regard to race, color, religion, national origin,
sex, age, polifical affiliation, or disability.
D. Reasonable accommodations will be provided to a qualified employee or applicant with a
disability when that employee or applicant requests an accommodation. A qualified
employee or applicant is one who is able to perform the essential functions of the job with
or without accommodation. A request for an accommodation will be denied if the
accommodation is not shown to be effective, places an undue burden on the County or if
the employee poses a direct threat to the health and safely of himself or others.
2.2 OUTSIDE EMPLOYMENT
Pitisytvania County considers itself to be the primary employer for all employees who are
not temporary or relief, and requires that activities away from the job must not adversely affect
the employee's primary job performance or compromise the County's interests through
conflicts of interest or the appearance of conflicts of interest.
Before seeking or accepting outside employment, employees are cautioned to consider
carefully the demands that such additional employment will create. Outside employment will
not be considered an excuse for poor job performance, absenteeism, tardiness, refusal to
travel, or refusal to work overtime or different hours.
P138
The employee shall notify the Department Head in writing when he is involved in outside
employment.
In addition, employees are not to conduct any business related to outside employment during
County paid working time. Conflicting outside employment shall be grounds for disciplinary
action up to and including dismissal.
2.3 PHYSICAL STANDARDS
Applicants for employment and employees may be required to have a physical examination at
any time and, (as a condition to employment) must meet the physical standards, with or without
accommodation, established for the position for which they apply.
2.4 EMPLOYMENT INVESTIGATIONS
All applicants interviewed for employment must provide two acceptable fors of identification
per federal law. Pittsylvania County will participate in the E -Venfy system as regulated by the
Department of Homeland Secunty.
When required by a department, an applicant may be fingerprinted to determine his criminal
record, if any, prior to being considered for employment or after hire date as may be required to
comply with standards as set forth by local, state, or federal government. All pre-hire inquiries
will be limited to those applicable to the position for which the applicant is applying and will be
job related.
All applicants will be subject to a criminal background check, drug test, reference check, and
educational background check. Applicants may be subject to optional tests considered
necessary for the position applied for, including a Department of Motor Vehicle record check, a
polygraph examination, psychological tests, credit reports where appropriate, and other bona -
fide pre-employment investigations.
Various departments, where the handling of cosh is necessary, may periodically require
employee credit checks at a manager's recommendation, if approved by the County
Administrator.
Seasonal and temporary employees will be tested as necessary for the position.
2.5 FORM OF APPLICATION
All applicants for employment must fill out and furnish complete information on the application
form established for the class of positions for which they apply. Such toms shall include
infomation relative to residence, training, experience and other pertinent
information, and may require certificates of one or more examining physicians, a photograph,
and fingerprints.
2.6 OTHER STANDARDS FOR EMPLOYMENT
Where other standards or requirements for a particular position are established, all applicants
shall be required to meet those standards as condition of employment.
2.7 CODE OF CONDUCT FOR PUBLIC SERVICE TO PITTSYLVANIA COUNTY
Piftsylvania County requires that employees follow this "Code of Conduct for Public Service
to Piftsylvania County," reflecting the highest ethical standards and promoting public
confidence in County government. This policy is not intended to supersede more stringent
codes of conduct adopted by individual departments or offices.
This Code shall be operative in all instances covered by its provisions except when
superseded by an applicable statutory or other provision and statutory or other action is
mandatory, or when the application of a statutory or other provision is discretionary, but
determined to be more appropriate or desirable.
The effective operation of democratic government requires that public officials and employees
be independent, impartial, and responsible to the people; that government decisions and policy
be made through the proper channels of the govemmental structure; that public office not be
used for personal gain; and that the public has confidence in the integrity of its government.
P139
The purpose of this Code is to establish standards of ethical conduct for employees by setting
forth those acts or actions that are incompatible with the best interests of the County. The
provisions and purpose of this Code and accompanying rules and regulations are established
in the best interests of Piltsylvania County.
A. Responsibilities of Public Office - Public employees are agents of the citizens and are
entrusted to pursue the public good at all times. As such, they are expected to display the
highest degree of integrity and are bound to uphold the Constitution of the Commonwealth
of Virginia and to way out impartially the laws of the nation, state, and County; thus
fostering respect for all government. They are bound to observe in their official acts the
highest ethical standards and to discharge faithfully the duties of their o%ce regardless of
personal considerations with courtesy and respect, always recognizing that the public
interest must be their primary concern.
B. Dedicated Service - All County of Pittsylvania employees are expected to be loyal to
the objectives expressed by the electorate through the Board of Supervisors. Employees
shall adhere to the rules of work and performance established as the standard for their
positions. Employees shall not exceed their authority, breach the law or ask others to do so,
and shall work in full cooperation with other employees and departments unless
prohibited from so doing by law or by officially recognized confidenfiality concerns.
C. Fair and Equal Treatment - No employee shall grant any special consideration, treatment,
or advantage to any citizen beyond that which is available to every other citizen.
No employee shall use or permit the use of Countyowned vehicies, equipment, materials,
or property for personal convenience or profit, except when such services are available to
the public generally, or are provided as public policy for the use of such employees in the
conduct of official business.
1. Conflict of Interest - As provided in Title 2.1 of the Code of Virginia ( "The Virginia
Conflict of Interests Act") no employee shall engage in any private financial or other interest
which might impact the performance of his official duties. Employees are also bound by the
additional guidance outlined below:
a) Incompatible Employment: No employee shall engage in or accept other
employment or render services for private interests when such employment or
service is incompatible with the proper discharge of his official duties or would
impair his/her independent judgment or action in the performance of his official
duties. With Department Head's approval, employees may engage in other
employment that does not interfere with or present a conflict of interest with County
employment;
b) Disclosure of Confidential Information: No employee shall, without proper
authorizations, disclose confidential information concerning the property,
government, or affairs of the County, which would advance the financial or other
special interest of himself or others;
c) Gifts and Favors: No employee shall accept any gift or favor of more than nominal
value, whether in the form of service, loan, thing, or promise, from any person, firm,
or corporation, intended to, or which may, influence him in the discharge of his
duties; and
d) Representing Private Interests before County Agencies or Courts: No employee
shall represent his own or any other private interest before any agency of the
County, unless he is doing so as a member of a civic organization, or is speaking
on an issue of general public interest;
2. Consequences of Violation - Violation of any section of this policy may constitute
a cause for disciplinary action up to and including dismissal.
2.8 DRESS CODE
PiBSylvania County is a public service delivery organization and expects all employees to
dress appropriately for a business environment and in keeping with his work assignment.
Public image plays an important role in developing and maintaining support for the
10
P140
organization. To maintain the confidence and respect of the citizens of Pittsylvania County,
each employee must exercise good judgment and professional decision- making in choosing
workplace attre.
A. Obiactive - To establish Gear guidelines regarding employee attire, taking into account the
variety of work assignments.
B. General Guidelines - The following guidelines establish the general expectations
regarding employee attire. Every employee is expected to exercise good judgment in
dressing appropriately for his work assignment. The following list is not intended to include
every possible scenario but provides guidelines for employee and supervisory decisions.
1. Clothing, jewelry, and accessories must not create a safety hazard for the employee
or others;
2. Al clothing must be in good condition without holes, excessive wear, or staining from
use or design;
3. Clothing shall not display implied or stated profanity, advertisements or logos for
alcohol, tobacco products and /or illegal, racial, or sexual connotations;
4. Political endorsements may not be worn on clothing, badges, or any other ways that
are visible to the public,
S. Employees shall be clean, well- groomed and demonstrate acceptable personal
hygiene;
8. Appropriate undergarments must be worn;
7. Employees shall not normally wearjewelry in facial and /or longue piercing(s);
8. Excessive or offensive (profanity, nudity, illegal acts, raciallelhnic slurs) tattoos must
not be visible; and
9. Appropriate footwear must be wom.
10. Due to allergies and sensitivities of co- workers and the public, employees shall refrain
from wearing or using products containing fragrances.
C. Prohibited Clothing - The following clothing is not acceptable for employees at any time and
shall not be worn except in the case of approved field /operational attire or as noted in the
Exceptions section:
Leggings (except underneath an appropriate lower body garment such as skirts, shorts, or
pants);
Excessively short skirts and shorts; Bedroom slippers;
Flip - flops; Sweat Pants;
Wind Suits /Jogging Suits;
Tank Tops, Halter Tops, Tube Tops; and
Head gear worn indoors (hats, caps, headphones, bandannas, etc.)
D. Direct Service Delivery Assignments
Employees working in direct service delivery assignments, such as uniformed public safety
positions, public works, inspections, or other operational field capacities may be issued
workplace uniforms that shall be worn while performing official duties. The style and
material of the uniforms shall be determined by the department. When uniforms are not
issued, departments shall determine the appropriate attire for field or direct service delivery
staff, taking into account the general guidelines of this policy.
Employees shall not post pictures showing themselves in uniform or links to such pictures
on any non -County Internet website or electronic media not related directly to their
specificjob function.
E. AdministrativeAssionments
The County supports "business casual" dress Monday through Thursday for administrative
11
P141
employees, i.e. those employees working in an office environment. Business casual is a
form of attire that is more traditional and typically includes slacks and shirts or suits for men
and slacks/skirts with blouses and dresses or suits for women. Directors and
department heads retain the right to require more formal business -like attire based on the
needs of the department or division. Business casual does not include blue jeans pants, t-
shirts, sweatshirts, or bib pantsloveralls.
The County also supports "casual" dress on Fridays (or the last workday of a shortened
workweek). Casual dress is a form of attire that is more relaxed and normally associated
with leisure lime. Casual dress typically includes less formal clothing such as blue jeans,
sweatshirts, and t- shirts.
F. 6cceotions
Directors shall retain the right to consider unique situations and may approve alternate
employee attire for a variety of reasons.
G. Consequences
Employees are expected to abide by the provisions of the dress code policy and shall be
held accountable for decisions that do not meet the guidelines. When an employee's attire
does not meet expectations, the immediate supervisor shall first discuss the matter with the
employee to ensure that the employee understands the policy and its application. If the
employee refuses to change his attire and /or fails to comply with the dress code, the
supervisor may initiate disciplinary action in accordance with Pittsylvania County's
disciplinary policy.
2.9 ANTI - NEPOTISM POLICY
Except as provided herein, no applicant shall be hired, reinstated, reemployed, transferred,
promoted, or demoted to a position which places him or her in a direct supervisory role with a
family member.
This prohibition may be extended to positions in which the duties involve access, review,
verification, authorization, or approval of the transactions of family members in financial,
personnel, purchasing, or other sensitive matters, even though the respective functions are in
different departments. Such positrons will be identified by the affected department head or
designee, with the approval of the County Administrator.
For the purposes of this anti - nepotism policy, "family member is defined as spouses, parents,
in -laws, children, and siblings, including step - parents and siblings, half - siblings, and including
grandparents and grandchildren, and aunts, uncles, nieces and nephews, and first cousins.
Such relationships include those legalized by adoption.
If a change occurs which causes employees to come into conflict with this policy, one of the
employees shall be transferred to a vacant position, if available. In the absence of an
agreement, by the affected parties, the employee with the lower (pay) grade or if the same
grade, the employee with the fewest years of County service, will be transferred.
The Personnel Officer for the department shall ensure that this policy is enforced when making
recommendations for employment, promotions, transfers or demotions.
The County Administrator or Board of Supervisors may approve written requests to interpret or
waive this policy, when it is in the best interest of the County to do so as provided by the Code of
Virginia.
2.10 PRE- EMPLOYMENT RECRUITMENT AND APPLICATION PROCEDURES
The Human Resources Department develops, and maintains effective recruitment procedures
that attract candidates who possess the education, skills, and abilities to meet the current and
future needs of Piltsylvania County. When a position is to be filled from outside of the
department, the department manager will notify the Human Resources Manager of the need to
advertise the position and seek qualified applicants for employment. No person will be hired or
promoted into a position unless that position is a funded vacant position as approved by the
County Administrator.
Vacant positions may be filled by recruitment from inside and /or outside sources as determined
appropriate in coordination with the selecting department manager or designee. Vacancies may
12
P142
also be advertised with the local Virginia Employment Commission, newspapers, electronic
media, other government agencies, journals or other appropriate sources. All posted position
vacancies can be viewed online at anytime at hllo7/ww.v oittsvl an'acountwa cov /.
When a vacancy occurs, or the County Administrator approves a new position, normally,
vacancies shall be advertised concurrently internally, and externally and posted for a minimum
of ten (10) days. Applications will be accepted only for posted positions. However, high turnover
positions may remain continuously under recruitment in order to maintain pools of qualified
candidates, and to quickly fill such positions as vacancies occur. Pittsylvania County supports
cross training and promotion from within, when appropriate, internal applications will be
considered first. If no internal application is selected to fill the position, outside applicants will be
considered. Positions are posted on the bulletin board located in the County Administration
Building.
Managers at each work site are responsible for posting notices of vacancy at their facility. In the
interest of public welfare and safety, before an employment offer can be extended, an applicant
must be able to perform the essential functions of the job with or without reasonable
accommodations. Medical examinations may be required depending on the duties of the
position. The application process may also include examinations, such as personal reference
checks, criminal history, child abuse registry, alcohol and drug testing, skill testing, written
examinations, personal interviews and other testing as determined appropriate and lawful. If
other testing is determined to be appropriate, in such case, all applicants for that positron will be
administered the same test uniformly.
Some positions require the operation of Pittsylvania County owned motor vehicles as a function
of the job. Applicants will be required to provide a copy of their valid drivers license, and
Division of Motor Vehicles driving record, and where necessary, a copy of the applicant's
Commercial Drivers License. Employees must report any restrictions, limitations, or loss of
their driving privileges to their supervisor. Applicants will be required to grant permission to
Pittsylvania County management to conduct background investigations, and state criminal
history checks not to violate any federal or state equal opportunity law or regulation. All
applicants for Pittsylvania County employment will be informed of the Drug Free Work Place
Policy Section 11, and will be required to undergo a drug screen upon offer of employment and
prior to final appointment.
Due to the length of time required to complete certain background investigations, a conditional
offer of employment may be extended, subject to the successful completion of the investigation.
Pittsylvania County does not discriminate unlawfully against persons who have been convicted
of criminal offenses. A prior conviction does not automatically exclude an applicant from
employment with Pittsylvania County. The nature and the offense of a past conviction is
weighed and considered in relation to the duties of the vacant position. Department/division
managers will review applicants for vacant positions in their department and will make
recommendations for employment to the Human Resources Manager. The Human Resources
Manager will review the departmenUdivision managers decision, and check references on the
selected applicant. The Human Resources Manager will then present the information to the
County Administrator for final approval.
2.11 IMMIGRATION LAW COMPLIANCE
Pittsylvania County complies with the Immigration Reform and Control Act of 1986 and
is committed to employing only United States citizens, and aliens who are authorized to
work in the United States.
3. APPOINTMENTS
3.1 VACANCIES
All full -time and regular part-time vacancies to be filled shall be publicized. The Human
Resources Department shall maintain an advertising distribution list, which shall be used to
maximize the application pool.
A. EmploymentApplicalions
1. Persons seeking to apply for employment with the County shall be referred to the
Human Resources Department .The County relies upon the completeness and
accuracy of information contained in the employment application, as well as the
13
P143
accuracy of other data presented throughout the selection process and during County
employment. Therefore, applicants and employees are hereby notified:
a) All employment information shall be current, accurate and complete.
b) Any misrepresentations, falsifications or material omissions on the County
application may result in the County's exclusion of the individual from further
consideration for employment.
4. CLASSIFICATION OF POSITIONS
4.1 CLASSIFICATION PLAN
The County Classification Plan ( "Classification Plan') has been established and shall be
maintained by County Administration. No deviation shall be made from the plan except where
circumstances warrant. Under these circumstances, the plan itself or the classification of a
particular Gass or grade of positions may be amended with the approval of the Board of
Supervisors.
4.2 COVERAGE
The Classification Plan shall cover all positions included under Section 1.2 of this Manual.
4.3 ASSIGNMENT OF POSITIONS
The County Administrator or his designee, in consultation with affected department heads, shall
make all assignments of positions to classes and grades and to salary ranges. Positions, which
are sufficiently alike in duties and /or responsibility, will be accorded the same pay scale. The
County Administrator or his designee shall allocate each position covered by the classification
plan to its appropriate pay scale, subject to approval of the Board of Supervisors.
4.4 RECLASSIFICATION AND /OR GRADE CHANGES
Department heads shall be responsible for bringing to the attention of the County
Administrator or his designee any material change in the nature of duties, responsibilities,
working conditions, or other factors affecting the classification of any position. Following the
receipt of such information, the County Administrator, in consultation with the affected
department head, shall restudy the position and determine if the classification should be
changed. No person shall be appointed, promoted, demoted, transferred, or paid in any
position until the position has first been established by the Board of Supervisors.
4.5 CLASSIFICATION OF NEW POSITIONS
The County Administrator or designee shall be responsible for the allocation of new positions to
the existing classes or to new classes of positions in County service, subject to review and
approval of the Board of Supervisors.
5. PAYOFEMPLOYEES
5.1 COMPENSATION AND CLASSIFICATION DEFINITIONS
A. PAY PERIOD - The County's regular pay period is semi - monthly. The normal pay day is
the 1 Sth of the month and the last working day of the month.
B. FULL TIME - Those employees who work thirty (30) hours or more in a week are
eligible for all County benefits. Vacation leave benefits are available six (6) months after
accrual.
C. PART TIME - Those employees who work twenty -nine (29) hours or less per week are paid
on an hourly basis are not eligible for County benefits other than workers' compensation,
seven (7) personal days (proportionate to hours normally worked), and the Employee
Assistance Program (EAP). Employees who have accrued leave benefits will have leave
balances grandfathered in without further accrual upon adoption of this policy by the Board
of Supervisors. Personal days are not carded over each year, and are not payable upon
resignation/termination of employment. Leave is available after six (6) months of
employment. Work schedule must be a minimum of 20 hours per week to earn personal
days.
D. TEMPORARY - Those employees engaged to work full -lime or part-time with the
understanding that their employment will be terminated no later than the completion of a
14
P144
specific assignment. Temporary employees are not eligible for County benefits, other than
workers' compensation and the Employee Assistance Program (EAP).
E. SALARY - Employee salaries will be reviewed at least annually and employee performance
will be discussed with the employee by his supervisor or department head. Funds for
increases are determined by the Board of Supervisors and will be determined at least in
part by the employee's performance evaluation and will be in accordance with the County's
adopted salary schedule.
F. WORK DAY - The normal work day in Pittsylvania County may be 8 hours per day for
most employees, depending on department and work situation.
The normal work day is 8:00 to 5:00 P.M. but the schedule may be adjusted by the
Department Head with the approval of the County Administrator to establish a flexible work
schedule for employees. Starting and slopping times and shift lengths may also vary in
some departments, such as the Sheriffs Office and Emergency Services, which
operates with an independent work schedule consistent with the service needs of
the County. Employees are expected to beat their work station and ready for work at the
starting time, unless prior arrangements have been made.
The Board of Supervisors reserves the right to adjust the number of hours worked for all
employees in accordance with the provisions of the federal Fair Labor Standards Act.
If circumstances arise which will cause an employee to be late in reporting to work, the
employee should notify his supervisor as soon as he become aware of the delay. Do not
have someone call for you unless it is absolutely necessary, as your supervisor needs to
know your status as soon as possible.
G. LUNCH AND BREAKS - Lunch times will vary from department to department, but normally
are scheduled for one hour. Morning and afternoon breaks of fifteen (15) minutes are
provided to each employee.
H. EMERGENCY SERVICE - Each County employee has a special responsibility to the
citizens of Pitsylvania County. As part of this responsibility, service outside of the
normal working hours may be required during a state of emergency. All County employees
should be prepared to receive special assignments. When emergency service results in
overtime work, employees will be compensated, in accordance with the overtime provisions.
5.2 PAY PLAN
For each class of position, a salary range shall be assigned which includes a minimum and
maximum salary step, selected from the schedule of pay steps included in the County's pay
schedule. Each salary range will consist of a selected number of pay steps which may vary
from position to position based upon the amount of time deemed necessary for an employee to
reach the maximum salary level. In arriving at salary ranges, consideration shall be given to
prevailing rates for comparable work in other public employment and relevant private business,
the current cost of Irving, responsibilities of the position, and the County's financial condition
and policy.
5.3 APPROVED SCHEDULE OF RATES OF PAY
The pay schedule consists of a series of standard approved pay ranges. For each class of
positions, the range will be authorized as provided by Section 5.4 of the County's Personnel
Policies Manual; the salary range will consist of annual salary rates from this schedule.
5.4 ADMINISTRATION OF PAY PLAN
It shall be the intent of this plan, as long as it is financially feasible that each employee will
receive meat pay annually, if the evaluation performance is satisfactory or better, until the
employee reaches the maximum rate for the classification in which he or she is assigned, or
until placed in another classification.
5.5 NEW EMPLOYEES
Generally, a new employee shall be paid the minimum rate of pay for his class. The minimum
rate for each class is based upon the assumption that a new employee meets the minimum
qualifications stated in the class specification.
15
P145
When a new employee more than meets the minimum qualifications, he may be appointed at a
hgherstep.
5.6 PROMOTIONS
When an employee is promoted to a position in a higher class his salary shall be increased to at
least the minimum rate of the higher class. In the cases of overlapping ranges, the promoted
employee shall be increased to the step which accurately reflects the increased responsibility of
the position. Employees will be evaluated for a six (6) month period to determine if job
performance and requirements am satisfied.
5.7 REHIRED I REINSTATED EMPLOYEES
A rehired employee may be paid at a salary rate within the approved salary range for the
position in which he is rehired. Rehired employees separated for less than three (3) months are
eligible to return at the step equal to that of which they were previously paid. An employee who
voluntarily leaves the County in good standing shall be eligible for rehim, if the position is vacant.
If an employee is reinstated within six (6) months, all pre-employment tests do not need to be
performed again.
An employee who has voluntarily resigned from County employment, and is in good standing,
and wishes to return within thirty (30) days of the separation, may be reinstated to their former
position, N vacant, at the discretion of the director. A reinstated employee shall be considered to
have been on a leave without pay status for the time of the separation.
5.8 PART TIME EMPLOYMENT
When employment is on a part-time basis, the hourly rate paid shall be commensurate with the
responsibilities of the job classification and employee's level of experience in this or other
positions requiring comparable skills.
5.9 TRANSFER
The pay of an employee transferred to another position of the same pay grade shall remain
unchanged. Leave accruals will continue at the current level. Years of service for full -time
employees will be counted for the wmesponding accrual category when transfening from an
office/department that does not participate in the County accrual leave policy to another
office /department that does participate.
5.10 DEMOTIONS
A voluntary or involuntary demotion is defined as assignment to a position with a decrease in
duties and responsibilities and is distinguished from a downward redassification resulting from
a formal review of duties and responsibilities. An employee demoted from one position to
another is placed in a lower pay grade contingent upon a lesser position being available at
the fime the action is taken. The department head may petition the County Administrator to
adjust the amount of the salary reduction either upward or downward.
5.11 PAY AND ALLOWANCES
Rates of pay established are gross salary amounts for full time service in the various
classifications. The hours of work for full time service am established by the pay plan.
5.12 OVERTIME COMPENSATION
It is the policy of the County to adopt and implement the provisions of the Fair Labor Standards
Act (FLSA), as amended, as the fundamental wage and hour policy of the County. Further, it is
the policy of the County that any overtime work necessary for the continued effective operation
of the County shall be managed in the most efficient and economical manner possible.
Every attempt will be made to minimize overtime work and supervisory approval is required to
authorize any overtime. Non-exempt employees shall not perform job related work at home
unless specifically authorized in advance by the employee's supervisor, and permission is
granted from the respective department director. Any employee who fails to comply with any
applicable provisions of this section, and any supervisor who permits the same shall be subject
to disciplinary action.
All County Departments have established working hours as required by workload, production
16
P146
flow, service needs, and the efficient management of personal resources. In addition, to these
established work hours, certain situations may arise requiring overtime work. As required by
the Federal Fair Labor Standards Act ( "FLSA ") all positions in the County shall be designated
as "exempt" or "non-exempt'. Employees in exempt positions are not subject to the provisions
of the Act.
The Act requires that non - exempt employees receive overtime compensation for hours worked
in addition to specified limits. Law - enforcement and fire protection employees' overtime hours
are calculated in accordance with the Code of Virginia 9.1 -703. However, the compensation
may be in the form of compensatory time earned as opposed to direct cash payment. The
limits placed on the amount of compensatory time a non - exempt employee can earn in lieu
of cash overtime payment are noted in (Section 6.8). All compensatory time accrued by
employees in non - exempt positions must be taken or paid when the employee separates from
County employment. In the event a non - exempt employee is promoted to an exempt position,
he shall be paid for any accrued compensatory fime at the time of promotion.
To the extent any provision in the Personnel Policies Manual would cause an exempt employee
under the FLSA to lose their exempt status, such policy shall not apply.
It is the County's policy to comply with the salary basis requirements of the FLSA. Therefore,
the County prohibits all department heads or their designees from making any improper
deductions from the salaries of exempt employees that violate the FLSA.
5.13 EMERGENCY CALL BACK POLICY Non -exempt employees who are required to report to
work under emergency circumstances will be compensated for a minimum of three
hours. If the actual hours worked exceed the three -hour minimum, the employee will
be compensated for all hours worked. Callback time will commence from the time
the employee leaves his/her premises and returns to the original location. If the
employee is called back while in route to or from work, time worked will be credited
as an extension of the normal workday and the three -hour minimum will not apply.
Should the employee be called back a second time within the original three (3) hours of the first
call, an additional three (3) hour credit for the new call back will not be granted. Calls received
and time worked by an employee in a callback situation must be reported to the
employee's supervisor on the next regular workday. The nature and amount of time worked
during on -call duty are subject to verification by supervisors. When discrepancies are noted,
further justification may be required.
5.14 ON CALL POLICY
It is the policy of Pittsylvania County that departments that require non- exempt employees to be
on call, shall be required to develop a department ON CALL roster. Establishment of on-call
rosters, and method of notification are the responsibility of each respective department director.
Employees who are assigned to on call duty, are required to be available for work within a
reasonable time. Pittsylvania County does not restrict employee movement while ON CALL. A
reasonable response time shall be deemed within one hour.
For each scheduled assignment of on call duty, a non - exempt employee shall be paid one (1)
hour pay at his/her regular hourly rate for each 24 hours of on-call duty, whether or not actually
called for duty, in addition to being compensated for the time actually worked. Actual time worked
over the employee's prescribed duty cycle while on call will be subject to the overtime provisions
herein.
5.15 DEDUCTIONS
As a condition of employment with Pittsylvania County, the employee must complete an
application and participate in Direct Deposit.
The payroll clerk is authorized to make established deductions from an employee's gross pay to
cover mandatory deductions and optional deductions elected by an employee.
If an employee believes that an improper deduction has been made to his salary, he should
immediately report this to his supervisor.
Reports of improper deductions will be promptly investigated. If it is determined that an
17
P147
improper deduction has occurred, the employee will be promptly reimbursed for such improper
deduction.
5.16 DEDUCTIONS ON TERMINATION
On termination of employment, the payroll clerk shall deduct and withhold from the final pay
check of any employee any amount owed to the County in payment for unearned leave, and
group insurance premiums. New hires are required to sign an authorization form allowing
Piftsylvania County to deduct any amount owed to the County. Unretumed property (including
keys, cell phones, electronic devices, or any other indebtedness to the County). The final
paycheck and payment for unused leave shall not be issued until the extent of any
indebtedness to the County has been determined and cleared. If any indebtedness is
determined after an employee has been separated from the County, and has received their
final paycheck, the Director of Human Resources shall give proper notice to the person,
informing such person of the indebtedness and requesting payment. If such correspondence
is unsuccessful in clearing the indebtedness, legal action may be initiated at the direction of
the County Administrator.
5.17 ADMINISTRATIVE RESPONSIBILITY
Periodically, the County Administrator may cause to be made a comprehensive review of all
factors affecting employee compensation levels. The review, when undertaken, will consider
rates of pay for comparable positions in the area, fringe benefits, general wage data, the
County's financial condition, and other pertinent factors. Prior to implementing changes to
employee pay or compensation package based on such review, approval of the Board of
Supervisors Is required.
6. EMPLOYEE LEAVE
The County recognizes that only full time employees are eligible for earnings or taking vacation, sick, or
personal leave benefits.
6.1 VACATION LEAVE
Vacation: Each permanent full-time employee, employed on or subsequent to the date of these
rules' adoption (month, day, year), shall accrue vacation at the following rates:
Years of Service Completed Accrual Rate
18
P148
Four (4) hours of paid vacation per completed
pay period, with an annual accumulation of 12
1 through 5 years
days (not to be taken until employee has worked
at least six (6) months).
Five (5) hours of paid vacation per completed
6 through 10 years
pay period, with an annual accumulation of 15
days.
Six (6) hours of paid vacation per completed pay
11 through 15 years
period, with an annual accumulation of 18 days.
Seven (7) hours of paid vacation per completed
16 through 20 years
pay period, with an annual accumulation of 21
days.
Eight (8) hours of paid vacation per completed
21 through 25 years
pay period, with an annual accumulation of 24
days.
Nine (g) hours of paid vacation per completed
pay period, with an annual accumulation of 27
Over 25 years
days.
18
P148
Vacation can be taken within six months after employment. An employee may carry a specified
amount of vacation earned in one year over into succeeding years. However, no more than the
below noted levels of accumulated vacation shall be allowed to be carded over from one year
into the next. On the lest day of the year any accumulated vacation in excess of the below noted
limits shall be forfeited. For this purpose a year is defined as the period of time from July 1st
through June 30th.
Completed
Maximum
Carry Over
Hours
Upon Separation
Maximum Hours
Paid
1 through 5 years
192
192
6 through 10 years
240
192
11 through 15 years
288
192
16 through 20 years
336
192
21 through 25 years
384
192
26 throw h 30 ears
4 32
192
Over 30 ears
480
240
Scheduled vacation shall be subject to the approval of the employee's supervisor; vacation shall
be taken in one -hour increments. Wishes of employees will be given consideration in the
establishment of vacation schedules. In instances of concurrent requests for overlapping
vacation dates, preference will be given to the request of the longer -tern employee
If a holiday is observed during an employee's vacation leave, it is not counted as a vacation
day.
6.2 SICK LEAVE
Sick leave may only be used to cover any absence from work because of a personal
illness, injury, or physical incapacity (other than incurred in the line of duty) that prevents the
employee from performing his/her job or exposure to contagious disease, when the
employee's presence on duly would jeopardize the health of fellow workers or the public.
When an employee is absent for sick leave they shall inform their supervisor at the
earliest possible time, to assure full coverage of departmental work responsibilities.
If an employee is away from work for three (3) or more consecutive work days, the
employee may be asked to provide a doctors statement and may be asked to provide a
written release from his physician to return to work. An employee must keep his
supervisor informed of his work status through regular contact.
An illness, injury, or medical condition that involves inpatient care in a hospital, hospice,
or residential medical care facility, or an incapacity that lasts more than three consecutive
work days may be considered a serious health condition and subject to the
requirements of the Family Medical Leave Act. The County may also designate leave as
FMLA leave without a request from the employee.
A request for extended sick leave use may require verification by the department head
concerned and /or Human Resources Manager. Sufficient verification is a medical certification
containing medical facts to establish an employee was unable by reason of the disability to
be on duty during the entire period covered by the application, and where an extended
absence is indicated, the probable duration of the disability.
Beginning with the first month of employment, sick leave begins to accrue at a rate of eight
hours per month. (This only applies to VRS Plan 1 & 2 Employees).
19
P149
The absence of an employee for the reasons stated shall be a charge against earned sick
leave credits time in one -hour increments:
A. An illness, condition, or non -work related injury incapacitating the employee to perform his
duties;
B. An exposure to a contagious disease such that presence on duty would jeopardize the
health of fellow employees or the public;
C. Appointment for examination and treatment related to health when such appointment
cannot reasonably be rescheduled during non-work hours; on the basis of the availability of
local resources in the area of employment, the County Administrator may establish limits
upon the charge of sick leave for keeping such appointments;
D. Sick leave is also available when dependents/spouse requires the employee's assistance
not to exceed three (3) days at one time. In situations where the employee is required to
care for a child, parent, or spouse exceeds three days and the medical situation meets the
definition of a serious medical condition, the absence may be considered a qualifying event
under the Family and Medical Leave Act. (See Family and Medical Leave Act) Other
legitimate causes which, in the discretion of the County Administrator and /or the Elected
Constitutional Officer, may be classified as sick leave.
E. Final Sick Leave Settlement
Whenever possible, department heads shall budget when a retirement is foreseeable.
Upon retirement with ten (10) or more years of service, an employee shall be paid his/her
hourly rate, up to a maximum of $1,250 for unused sick leave or $2,500 for twenty (20) or
more years of service. (This applies to VRS Plan 1 & 2 Employees to include prior years of
service).
F. Donation of Vacation Leave
Employees may voluntarily donate vacation leave to another employee who has exhausted
his/her sick and vacation leave due to an extended non -job mated accident or illness, or
for an emergency situation. Only Vacation Leave can be transferred or donated to another
employee for use as sick leave. All such requests for donated leave must be approved by
the County Administrator and /or Constitutionally Elected Officer.
G. Sick Leave Bank - (Non- Hybrid Employees)
1. The purpose of the Sick Leave Bank is to provide additional sick leave for those eligible
employees who have prolonged, catastrophic or long term illness or injury and who have
exhausted their sick leave.
2. The Bank will be maintained as long as at least one -third (1/3) of the eligible employees
agree to participate and will be declared inoperative at a specific time to be determined
by the County Administrator and /or his designee.
3. Membership Eligibility
a. Eligible employees are those who are members of the Virginia Retirement System
(VRS) Plan 1 and Plan 2 programs and who earn sick leave benefits according to
division policy. Employees under the VRS Hybrid Retirement Plan, which includes
short-term and long -term disability coverage, will not be eligible to participate in the
Sick Leave Bank.
b. Membership shall be voluntary on the part of the employee.
4. Enrollment Period
a. An eligible employee becomes a member of the Sick Leave Bank by submitting the
Sick Leave Bank Enrollment Form. By completing this form, the employee donates
two (2) days of his/her sick leave to the Sick Leave Bank and one day thereafter
when an assessment is required.
b. An employee may enroll within the first thirty (30) days of employment.
20
P150
c. An employee who does not enroll when first eligible may do so between any
subsequent August 1st through August 31st by completing a Sick Leave Bank
Enrollment Form.
d. Membership in the Bank shall be continuous unless the employee informs the
County Administrator and /or his designee in writing of his /her intent to discontinue
participation at the time that an additional assessment is required in order to
maintain the Sick Leave Bank.
5. Procedures Concerning Use
a. Sick Leave Bank members must exhaust their own sick leave prior to drawing from
the Sick Leave Bank.
b. A member must make application for the use of the Sick Leave Bank entitlement by
completing and fling a Sick Leave Utilization Application with the Human Resources
Manager and /or designee).
c. For the participating member to be eligible to receive sick leave benefits, a doctor's
certificate is required. The certificate is to be submitted to the Human Resources
Manager, and must contain the job title of the applicant, medical certification, and
statement that the member is totally unable to work as a result of the illness or
disability and the approximate length of absence.
d. All applications will be reviewed by the (Human Resources Manager and County
Administrator) whose decision to approve or disapprove the application will be final,
binding and not subject to appeal.
e. The Human Resources Manager and /or his designee shall maintain a current list of
Bank members.
f. A "day" in each case refers to eight (8) hours.
g. The first thirty (30) consecutive days of illness or disability will not be covered by the
Bank but must be covered by the employee's own accumulated sick leave or leave
without pay.
h. Employees on Worker's Compensation shall not be permitted to draw from the Bank.
i. A member may discontinue participation by giving written notice to the Human
Resources Manager and /or designee within ten If 0) calendar days from the date of
notification of any additional assessment to be made.
j. An individual member may draw thirty (30) days from the Bank during any one fiscal
year. Any period of eligibility must be consecutive except as provided below. If the
member suffers a recurrence of the same illness, disability or condition that resulted
in the initial utilization of Sick Leave Bank benefits and if the member has not drawn
the maximum number of days (thirty (30) for one (1) fiscal year), then the member
will not be required to complete an additional eligibility period of thirty (30)
consecutive days prior to being eligible for continuation of Sick Leave Bank benefits.
k. Any Sick Leave Bank days not used at the end of one (1) fiscal year will carry over to
the next fiscal year. .
I. Upon termination of employment or withdrawal of membership from the Bank, a
participating employee shall not be permitted to withdraw his/her contributed day (s).
m. Sick Leave Bank days are for employee use only and do not apply to absence due
to family illness.
6. Additional Assessment
a. Members of the Bank shall be assessed a maximum of one (1) day of sick leave per
year if the Bank falls below ninety (90) days. A member may withdraw from the Bank
if he /she does not accept the additional assessment but shall lose all contributed
days to that point. Members who do not have leave to contribute will be assessed
this day from the first sick leave subsequently accumulated.
21
P151
b. Notification of such assessment shall be sent to each member at the time is
determined to be necessary, and the assessment shall be made unless the
participant chooses to cease membership in the Bank. A member not wishing the
assessment may terminate membership in the Bank by notifying the County
Administrator and /or his designee, in writing, within ten (10) work days from the dale
of the notice.
7. Records
a. The Sick Leave Bank will be administered by the Human Resources Manager and /or
designee.
b. The Human Resources Manager or /designee shall maintain the operations and
maintenance of the Sick Leave Bank and its records.
c. If the Sick Leave Bank shall become inoperative for any reason, the balance of
days shall first be distributed to those members receiving benefits. From the
remaining balance, the Human Resources Manager and Payroll Clerk will
determine distribution of days to participating members.
6.3 HYBRID LEAVE PROGRAM
The Hybrid Leave Program is a leave accrual program for employees that are members of the
VRS Hybrid Retirement Plan. The purpose is to provide an alternative leave system to address
the leave needs of employees covered under short and long lens disability programs.
Eligibility
Full time employees hired or rehired on or after January 1, 2014 but without prior VRS service
credit will automatically be enrolled in the VRS Hybrid Retirement Plan and in the Counls
Hybrid Leave Program. This policy applies to VRS Plan 1 and Plan 2 employees who choose to
opt -in to the Hybrid Retirement Plan during the open enrollment period with an effective date of
July 1, 2014. The Hybrid Leave Program coordinates with the employer -paid Short and Long
Term Disability benefits provided for employees in the VRS Hybrid Retirement Plan.
Public safety employees covered by VRS enhanced hazardous duty benefits are not eligible for
the VRS Hybrid Retirement Plan or the County's Hybrid Leave Program.
Description
The Hybrid Leave Program retains the annual leave accruals and the personal day of the
traditional leave program, but adjusts the sick leave accrual to correspond to the employer -paid
Hybrid Short and Long Term Disability benefits.
1. Sick Leave Credit — Sick leave will be credited on the following basis:
a) Full -time employees employed between January 1 and June 30 are credited the entire sick
leave credit on the first day of their first full payroll period.
b) Full -time employees participating in the hybrid retirement plan and hired July 1 or later or
current employees who opt -in to the hybrid retirement plan are credited 50% of the sick
leave credit on the first day of their first full payroll period or on the effective date of their
election as applicable.
c) In subsequent years, the sick leave credit will be credited to eligible employees on the first
day of the first full payroll period in January.
2, Sick Leave Credit Charts
Eligible full -time employees hired from January 1 through June 30:
Sick Leave Credit Charts (Hybrid Plan)
22
P152
Sick Leave Credit in Sick Leave Credit in Hours
Days
12 A 96
Eligible full -time employees hired from July 1 through December 31.
Sick Leave Credit in Sick Leave Credit in Hours
Days
6 48
3. Effect of Leave without Pay on Sick Leave Credit
If an employee is on leave without pay on the day that the sick leave credit is granted, the sick
leave credit is not granted until the employee is on paid status.
4. No Carry Over or Payment Upon Separation
The sick leave credit does not accrue. No carryover of the sick leave credit from year to year is
allowed. Sick leave credit balances are not paid out upon separation.
5. Use of Sick Leave Credit
Sick leave may only be used to cover any absence from work because of a personal illness,
injury, or physical incapacity that prevents the employee from performing his/herjob or exposure
to contagious disease, when the employee's presence on duty would jeopardize the health of
fellow workers or the public. An illness, injury, or medical condition that involves inpatient care in
a hospital, hospice, or residential medical care facility, or an incapacity that lasts more than three
consecutive work days may be considered a serious health condition and subject to the
requirements of the Family Medical Leave Ac. The County may also designate the leave as
FMLA leave without a request from the employee.
Medical appointments that cannot be scheduled outside of work hours (regularly scheduled,
routine appointments should be scheduled outside of work hours, when possible).
When an employee is absent for sick leave they shall inform their supervisor at the earliest
possible time, to assure full coverage of departmental work responsibilities.
If an employee is away from work for three (3) or more consecutive work days, the employee
may be asked to provide a doctor's statement and may be asked to provide a written release
from his physician to return to work. An employee must keep his supervisor informed of his work
status through regular contact.
Employees may use sick leave or any other accrued leave balance to supplement their short
term disability to receive up to 100% of their pay.
The sick leave credit cannot be used until it is granted. There is no borrowing against future
credits. Sick leave is charged against employees as used in one -hour increments, unless it is
used to supplement their short tern disability. Abuse of sick leave is considered grounds for
counseling and /or discipline.
Sick leave is also available when dependents/spouse requires the employee's assistance not to
exceed three (3) days at one time. In situations where the employee is required to care for a
child, parent, or spouse exceeds three days and the medical situation meets the definition of a
23
P153
serious medical condition, the absence may be considered a qualifying event under the Family
and Medical Leave Act (See Family and Medical Leave Act).
Other legitimate causes which, in the discretion of the County Administrator and /or the Elected
Constitutional Officer, may be classified as sick leave.
6. Sick Leave Balances of Employees Opting Into the Hybrid Retirement Plan
Upon participation in the VRS Hybrid Retirement plan, the sick leave balances of eligible
employees opting -in will be placed in a frozen state. At the discretion of the County
Administrator these balances may be used to offsettreplace income when the employee is on
short or long term disability. The Board of Supervisors may also choose to make an annual
conversion of a portion of balance in the frozen state to annual leave (not to exceed the
maximum carryover for annual leave).
7. County's Sick Leave Bank
Employees under the VRS Hybrid Retirement Plan which includes short-term and long -term
disability coverage will not be eligible to participate in the County's Sick Leave Bank.
6.4 BEREAVEMENT LEAVE
When there is a death in the employee's family, full -time employees are allowed a leave of
absence with pay in order to attend the funeral or memorial service of a family member, to
experience the initial grieving process, and to take care of personal business specifically related
to the death in the family. Bereavement leave will be granted for a period not to exceed three
(3) working days. The leave is not automatic and should not be requested or granted unless
used as intended. Bereavement leave does not accumulate from year to year and must be
approved by the department head and /or elected constitutional officer.
For purpose of bereavement leave, employee's family is defined as parent/stepparent,
child /stepchild, spouse, brother /stepbrother, sister /stepsister, grandparent, grandchildren,
father -in -law, mother -in -law, brother -in -law, sister -in -law of employee or spouse, or any relative
Irving in the household of the employee.
6.5 INJURY LEAVE
Injury leave may be granted during the seven (7) day Workers' Compensation waiting period
disability requirement, because of an employee's incapacity to work as a result of an injury or
illness that occurred during the course of an employee's job performance. Injury leave during
the first seven (7) days pays an employee his/her regular rate of pay.
Should leave extend beyond the seven day period, the County will pay the difference between
workers compensation benefits, and the employees full salary otherwise payable, so that total
payments will not exceed the normal salary for a period of (92 Calendar days). Such payments
by the County will not be charged against the employee's sick leave, compensatory leave or
vacation credits. The County will continue to maintain the employee's health and life
insurance coverage. The employee must pay for other benefits that are usually deducted from
his or her salary.
If the absence continues beyond the (92 calendar days) limit, employees will be allowed to use
accumulated sick leave, compensatory leave, and vacation leave to continue receiving the
difference between compensation paid under the Worker's Compensation Act and full salary
otherwise payable. Charges against balances to earned leave will be made in the same
proportion to full days as the earned leave payments are to full pay. The injured employee will
not accrue sick leave and annual leave credits while on leave without pay.
If the Workers' Compensation carrier makes a determination an injury or illness is not job -
related, the absence will be charged to sick leave until a proper ruling is made. If sick leave
is exhausted, the absence will be charged to vacation leave, and if necessary, leave without
pay. If the injury is finally ruled to be job - related all sick leave and /or vacation leave will be
restored according to the terms of injury leave. (See section 18.4 Workers' Compensation and
Family and Medical Leave section 6.16 as described in this manual).
24
P154
6.6 PERSONALLEAVE
All permanent full -time employees are entitled to one day of leave with pay per year that may
be taken, with supervisory approval, at the employee's discretion. Personal leave shall be taken
in an 8 -hour increment. Personal leave days become available at the commencement of a
County fiscal year and must be taken prior to its termination - they may not be accumulated and
are not eligible for compensation at an employee's termination.
6.7 INCLEMENT WEATHER
In the case of inclement weather, every employee is expected to report for work when
reasonably safe to do so. At the discretion of the County Administrator, offices and
departments may be opened late, dismissed early, or closed due to inclement weather. If an
employee does not report to work during hours established by the County Administrator,
compensatory time, annual/vacation, or leave without pay must be used to cover the duration of
the absence ; however, approval from the employee's immediate supervisor is required.
Essential personnel are key employees who work in departments that are required to be in full
operation. Inclement weather hours will be assigned as hours worked, in addition to physical
hours worked, for essential personnel, and overtime or compensatory time will be granted. Non-
essential personnel are responsible for determining their own safety, and whether or not to
report to work regardless of the building /department being open.
6.8 COMPENSATORY TIME OFF
In order to receive compensatory time off, the employee must work more than their normal work
week. Time taken as sick leave, personal leave, annual leave, and compensatory time cannot
be counted toward this time until the normal work week has been worked.
Compensatory leave shall be taken in half -hour increments.
Compensatory leave is for an authorized absence on a half hour increment basis with full pay,
when taken during the same work cycle, and at time and one half for other times for hours
worked on a holiday, on a rest day, or beyond those regularly scheduled hours, or on a work
day when the work was required by the County Administrator or by a person authorized by him
to make such a requirement. General or blanket authorizations which provide unlimited
work options to County employees are not valid to establish compensatory leave credits.
Additional work hours shall be required only to relieve specific peak workloads and not to
provide for constant requirements.
Compensatory leave may not be credited to any employee in a position in which the employee
independently determines the need for the extra hours or establishes the work schedule, or is
one in which administrative or professional responsibility for work accomplishment without
regard to their work schedule is implicit. (EXCEPTION: Irrespective of the position held,
compensatory leave may be credited when a holiday (a) falls on a rest day, or (b) is not
observed by the employee because the unit ofemployment operated on the designated
holiday.
Compensatory leave may be used at the employee's request in lieu of vacation and sick leave.
When available, accumulated compensatory leave should be used prior to the usage of
vacation lime. Earned compensatory leave must be used within one year of accrual. It is
the responsibility of supervision to ensure that earned compensatory time is taken off within
one year of accrual. At no time shall an employee retain more than 40 hours of compensatory
time leave per fiscal year ending June 30. Remaining leave will be paid the close of fiscal year
by July 15. Employees with accrued compensatory leave classified from a nonexempt to
exempt position will receive a payout of accrued compensatory leave the next available pay
period.
6.8 COURTI.EAVO COMMeRted U1•Re..d worst
[ 1. w •. commas•
The employee shall be granted leave with full pay for absences necessary for serving on a jury,
or attending court under subpoena. Employees are required to report to work if court duty ends
within the assigned work hours. If an employee is unable to return to work after court duty
within assigned work hours, the employee must request approval from his/her supervisor to use
their available leave. Employees are required to submh proof of jury duty from the court along
with timesheet to the payroll department.
25
P155
6.10 MILITARY LEAVE
A. Eligibility
Regular full -time employees, including those serving a probationary period, are eligible for
military leave with or without pay. Under the Federal Uniformed Services Employment and
Reemployment Rights Act of 1994 and Section 44 -83 and 44 -93 of the Code of Virginia,
part -time employees are not eligible for military leave.
B. Military Leave With Pay
1. Employees who are former members of the armed services or members of the
organized reserve forces of any of the armed services of the United States, National
Guard, or naval militia shall be entitled to a military leave of absence, with pay, for the
purpose of federally funded military duty to include training duly. This leave shall not
exceed 15 consecutive calendar days for training duty and 5 working days for
emergency active duty each federal fiscal year, October 1 — September 30.
2. FLSA non-exempt employees requiring more than 15 workdays shall be granted the
time off for the performance of such duty. Such absences shall be without pay or, at the
option of the employee, may be charged to annual or compensatory leave balances.
3. Employees who are called forth by the Governor pursuant to the Code of Virginia shall
be entitled to leave with pay for the period of the ordered absence.
4. Employees returning from military leave with pay are required to return to work the first
regularly scheduled workday after the end of duty, allowing reasonable travel time.
C. Military Leave Without Pay
1. Any eligible employee who leaves County service as a result of volunteering for active
duty or being drafted into the armed services of the United States during time of war or
other national emergency, as determined by the Board of Supervisors, or when
reservists and National Guard members are voluntarily or involuntarily called to active
duty shall be placed on military leave without pay commencing on the first business day
following the last day of active employment with the County.
2. Leave shall only be granted for active military service for those dates stated on the
employee's military orders.
3. Status of Benefits For Employees on Leave Without Pay for Active Military Service
a. Service Credit — An employee on extended leave without pay due to active military
service shall be treated as though he was continuously employed for purposes of
determining benefits based on length of service, such as the annual leave accrual.
b. Compensatory Leave — Any compensatory leave balance shall be paid at the
time the employee is placed on military leave without pay.
4. Reinstatement from Active Military Service
a. Conditions — Upon satisfactory completion of active military service, the employee
is entitled to reinstatement to his/her former position or to a position of like status
and pay, provided that:
(1) The employee makes application to the County Administrator not later than 90
days after the date of honorable discharge or separation under honorable
conditions.
(2) The employee presents a certificate showing satisfactory completion of military
service.
(3) The employee is still physically and mentally qualified to perform the duties of
hisfher position.
b. The conditions stated above shall not apply when County circumstances have
changed making it impossible or unreasonable to reinstate the employee.
Reinstatement may not be possible when:
26
P156
(1) The employee's former position has been abolished at the time of
reinstatement: The employee may be placed in a position of comparable status
and pay to the one previously held. Employees selected to fill vacancies
created by persons on military leave may be employed on a temporary basis.
(2) Such a position is not available: The employee shall be considered affected by
a reduction in force and the provisions of the County's Layoff Policy shall apply.
D. Employee Notification Requirements
1, Requests for Military Leave shall be made in writing and submitted with copies of the
employee's official military orders to the department head. The employee shall notify
his department head of the military obligation as far in advance as possible. A minimum
of two weeks advance notice is required except for an emergency call -up. In the case
of emergency call -up, the employee shall notify the department director as soon as
possible.
2. The leave request and supporting military orders shall be forwarded to the County
Administrator.
6.11 LEAVE WITHOUT PAY
Leave of absence without pay may be granted for
A. Educational leave in excess of such leave allowable with pay;
B. Coursesofstudy;
C. Military leave in excess of such leave allowable with pay,
D. Purposes of annual and sick leave, in excess of accumulated leave; and
E. Purposes of disciplinary actions.
Leave of absence without pay requiring one calendar month or more of leave may be granted
tr�, the Department Head and County Administrator.
Any employee returning from leave of absence without pay during, or at the end of the period
for which the leave was granted shall be entitled to reinstatement; failure to return at the end of
the period for which the leave was granted shall be treated as having resigned from
employment.
Unpaid leave may not be taken until all available vacation and compensatory leave has been
used.
During this time of absence the employee is responsible for full benefit premiums to the County.
No VRS service credit will be given to the employee during this unpaid status.
6.12 ADMINISTRATIVE LEAVE
Administrative leave is assigned at the discretion of the County Administrator, Board of
Supervisors, or Constitutional Officers when it is deemed to be in the best interest of the County
or a department. Administrative leave may be with or without pay as approved by the County
Administrator, Board of Supervisors, or Constitutional Officers.
If administrative leave is granted while employee is on any other prior approved leave status
(e.g., vacation, sick, military, etc.), the administrative leave will begin after the approved leave is
completed.
6.13 HOLIDAYS
Piltsylvanis County will observe state holidays, and any other day so appointed by the Board of
Supervisors or Governor. If the nature of services of a department requires that it be in full
operation on the appointed holiday(s) then double time (for time worked) or holiday leave shall
be granted.
6.14 PAY IN LIEU OF EARNED LEAVE AT TERMINATION
Employees who give, and work, a tyro -week period of notice as defined in section 7.1, (or, if
instructed, take pay in lieu of notice) are entitled to be paid for any earned vacation
27
P157
Wmnwted[U2]:Added COUntvrldministrator in appro i
process for one month or more..... b.
compensation up to maximum stated in section 6.1.
6.15 CIVIC AND VOLUNTEER LEAVE
Pittsylvania County encourages its employees to become active in civic and volunteer
activities. Absence from work for volunteer activities must have prior approval from the
employee's department head.
6.16 FAMILY AND MEDICAL LEAVE
Employees are entified to participate in the benefits of the Family and Medical Leave Act
('FMLA"). FMLA leave may be unpaid leave.
A. Eligible Employees
To be covered under the FMLA, an employee must have worked for the County for twelve
(12) months and must have worked at least 1,250 hours within the twelve (12) months
preceding the start of the leave. Part-fime and temporary employees who meet these
requirements are eligible for FMLA leave.
B. Purposes For Which FMLA May Be Taken
1. To care for an employee's child after birth or for the placement with an employee of a
child for adoption or foster care (provided that the leave is requested and used within
twelve (12) months of the birM, placement, adoption orfostercare);
2. To care for an employee's spouse, child or parent (does not include in -laws) who has a
serous health condition; or,
3. When the employee is unable to work because of a serous health condition. A serious
health condition is an illness, injury, impairment or physical or mental condition that
involves inpatient care in a hospital, hospice or residential medical care facility, or an
incapacity lasting more than three consecutive days and involving continuing treatment
by a health care provider. Continuing treatment involves two or more treatments (or
one treatment when the condition is such that continuing follow -up is or will be
required) by a healthcare provider, pregnancy, prenatal care or other chronic or long-
term serious health conditions.
To qualify for leave due to the serious health condition of a family member, the family
member must be incapable of self -care. To qualify for leave due to the serous health
condition of the employee, the employee must be unable to work at all or unable to
perform any of the essential functions of the employee's posifion.
Employees are required to obtain a health care provider certification for all absences
for which FMLA leave is being requested. A chronic or long-ten health condition or
pregnancy does not require a visit to the health care provider for each absence;
however, a statement by the health care provider that the absence was due to the
chronic condition or pregnancy may be requested by the County at its discretion.
C. FMLA Benefits
An eligible employee is entitled to twelve weeks of unpaid leave during a twelve -month
period. The twelve -month period is calculated on a rolling 12 month period starting with the
onset of the condtion that arises. Employees will be required to use accumulated paid
leave (sick, compensatory, annual, etc.) on an hour for hour basis cancurrent with the
FMLA leave. If FMLA leave is exhausted before the end of the twelve -month period, the
employee will not be entitled to further FMLA leave during this period.
Employees with military family members shall be eligible for leave entitlements for eligible
specified family members:
1. Up to 12 weeks of leave for certain qualifying exigencies arising out of a covered
military members active duty status, or notification of an impending call or order to
active duty status, in support of a contingency operation, and
2. Up to 26 weeks of leave in a single 12 -month period to rare for a covered service
member recovering from a serious injury or illness incurred in the line of duty on active
duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types
of FMLA leave during the single 12 -month period.
28
P158
An employee is required to request FMLA leave in writing at least thirty days before the
leave is to commence if the need for leave is foreseeable. In circumstances when the
leave is not foreseeable thirty days in advance, an employee must request the leave as
soon as practical. The County may designate leave as FMLA leave without a request
from an employee.
FMLA leave taken for a serious health condition of the employee or family member may
be taken intermittently or on a reduced -hours basis.
FMLA leave taken for birth, adoption, placement or foster care cannot be taken
intermittently unless approved in advance. If both spouses work for the County, the
total FMLA leave that may be taken for this event by both employees is twelve weeks,
pro-rated between employees as the spouses choose. FMLA leave taken for the birth,
adoption, placement or foster care of a child must be taken within twelve months
following the event.
Should the County obtain information that the employee was not FMLA eligible or the
event did not qualify under FMLA, the designation of FMLA leave, previously given,
may be withdrawn.
D. Job Restoration
Upon return from FMLA leave, an employee is entitled to be restored to the same position
that was held before the start of the FMLA leave, or to an equivalent position with
equivalent benefits, pay, and other terms and conditions of employment. If an employee is
unable to return to work after the FMLA leave benefits have been exhausted, the employee
will not have a right to return to his/her position even if there are unused accrued leave
balances.
Key employees are entitled to FMLA leave but are not entitled to job restoration if re-
employment after the conclusion of the leave will cause a substantial and grievous
economic injury to the County. A key employee will be notified in writing of his/her
status in response to the employee's notice of intent to take FMLA leave, unless
circumstances do not permit such notice. If a key employee is already on FMLA leave
when s/he receives notice that s/he is a key employee, the employee will be given a
reasonable time to return to worts before losing the right to job restoration.
E. Health Benefits
If paid leave is used for FMLA purposes, an employee will maintain the same benefits as if
working. If the employee is on leave with pay, continuation in the health care plan is
permitted, provided that the employee continues to pay for his/her share of premiums. If the
employee fails to make his/her premium payments, the employee will be provided written
notice of this failure and will be given an additional fifteen (15) days to make payment
in full. If payment is not made after this notice, health benefit coverage will cease.
If an employee is unable to return to work at the conclusion of the 12 weeks, the employee
must request in writing, to the County Administrator, an extension of leave. The employee
must also provide medical certification for the extension of leave. The employee will remain
on leave of absence for a period not to exceed six (6) months. When a leave of absence is
expected to exceed six (6) months, COBRA options will be discussed with the employee in
order to continue health insurance coverage.
If an employee does not return to work after the conclusion of the FMLA leave, the
employee is responsible for reimbursing the County for the County's share of the health
care premiums paid.
7. SEPARATIONS AND DISCIPLINE
7.1 VOLUNTARY SEPARATIONS
To resign in good standing, employees, other than department heads must give notice in writing
to the department head at least fourteen (14) days prior to the effective date of the resignation;
department heads must give at least thirty (30) days notice in writing to the County
29
P159
Administrator. The director may withhold accrued holiday, or vacation leave should an
employee tail to work the agreed upon separation notice.
7.2 DISCIPLINE
Upon accepting a position with the County, employees are expected to apply themselves
efficiently to their assigned duties, to be timely and regular in attendance, and to maintain
satisfactory work performance. Failure to meet these standards can result in disciplinary action
up to and including termination.
This section provides employees with a general understanding of what can be expected when a
violation of certain policies and /or procedures occurs. It is not possible to list every conceivable
forth of misconduct. As a result, the conduct standards listed in this section are for illustrative
purposes only. Misconduct or nonperformance issues not listed here will be treated
consistently within the guidelines outlined in this section. Whenever possible, the County
recommends that connective action by the employee, or progressive discipline such as
coaching, warnings, oral or written reprimands be used, prior to suspension, demotion or
dismissal as necessary. However, immediate dismissal may result from situations where the
County believes corrective action by the employee or lower level progressive discipline is
inappropriate. The County does not intend for this manual to alter the at -will nature of its
relationship with employees.
A. Suspensions - are temporary separations from the service for disciplinary purposes where
the case is not sufficiently grave to merit dismissal. An employee may be suspended by his
department head and County Administrator without pay for a period not to exceed thirty
(30) days within one (1) calendar year
B. Demotions - are necessary in order that employees whose work has not been satisfactory
but whose dismissal does not appear warranted may be retained and assigned less difficult
work. (See page 9, section G for definition). However, a demotion shall never be used as a
forth of disciplinary action when the demotion will result in the displacement, or may result in
the displacement, of another employee. Therefore, demotion as a form of disciplinary action
shall only be available when there is an existing vacancy in a lower level position for which the
employee being disciplined is qualified. In the event that a demotion is appropriate, the
department director shall notify the employee of his/her decision of demotion and the cause. A
copy of this action shall be forwarded to the County Administrator and Human Resources
Manager.
C. Dismissals - will be made for inefficiency, insubordination, misconduct, or other just cause.
A department head and the County Administrator may dismiss any employee in a
department at any time. The department head shall give the employee a written notice of his
dismissal, including the reasons therefore. The Director of Information Techno logy (or the
network administrator for independent computer networks) shall be informed
immediately of dismissals and computer access shall be terminated at once.
7.3 CAUSES FOR SUSPENSION, DEMOTION OR DISMISSAL
County employees are expected to conduct themselves in a professional, and courteous
manner, as representatives of the County. Employees are expected to avoid any action which
may result in giving preferential treatment to any organization or person, losing independence
or impartiality of action, or adversely affecting the integrity of the County.
If an employee's work performance is deemed unsatisfactory, he or she may be suspended,
demoted, or dismissed. Additionally, other types of discipline, such as verbal or written
reprimands, may be used at the supervisors discretion. .
The following are examples of situations and misconduct that may result in discipline. The list is
not inclusive and other misconduct maybe subject to disciplinary action:
A. Conviction of a felony or of a misdemeanor involving moral turpitude and other criminal acts
such that continued performance of duties is compromised;
30
P160
B. Membership in a subversive organization that knowingly or willfully violates the laws of the
United States, the Commonwealth of Virginia, and the ordinances of any city, county, or
municipality of the Commonwealth, or any departmental rules and regulations;
C. Willful, wanton, unreasonable, unnecessary, or culpably negligent brutality or cruelty to an
inmate, or prisoner of a county institution or to a person in custody, provided the act
committed was not necessarily or lawfully done in self- defense, or to protect the lives of
others or to prevent the escape of a person lawfully in custody;
D. Violation of any of the provisions or regulations of this Manual;
E. Offensive conduct or language in public or toward the public, county officials, or fellow
employees, either on or off duty;
F. Violating any lawful official regulation or order, insubordination, or failing to obey any proper
direction made and given by a superior.
G. Using or being impaired by intoxicants while on duty, or otherwise violating the County's
Drug -Free Workplace policy. (See Section 11)
H. Becoming afflicted with any disease or having any physical or mental ailment or defect
which, in the opinion of the County Administrator and the department head after
confirmation by a physician, renders the employee unfit for employment. However, any
such actions shall be taken in a manner that complies with the requirements of the
Americans with Disabilities Act;
I. Being incompetent or inefficient in the performance of the duties of his position;
J. Being careless or negligent with the monies or other property of the County or taking any
property of the county for personal use or for sale or gift to others;
K. Using, or threatening to use, or attempting to use personal or political influence in securing
promotion, leave of absence, transfer, change of pay rate, or in any manner related to
work;
L. Inducing, or attempting to induce, an officer or employee in the service of the county to
committing an unlawful act or to act in violation of any lawful or official regulation or order;
M. Taking for personal use from any person any fee, gift, or other valuable thing in the course
of work or in connection with it, when such gift or other valuable thing is given in the hope
or expectation of receiving a favor or better treatment than that accorded other persons, or
accepting any bribe, gift, token, monies, or other official acts, or engaging in any action of
extortion or other means of obtaining money or other things of value through the
employee's position in the County;
N. Divulging or discussing any County business not having previously been made public or
disclosing confidential information to any person unless directed to do so by his department
head, or granting interviews or making public speeches concerning information not
previously made public;
O. Willfully falsifying County records (including time records, leave records, job applications, or
pay or reimbursement vouchers);
P. Violating any workplace rule;
O. Engaging in any action of extortion or other means of obtaining money or other things of
value through the employee's position in the County; and
R. Unsatisfactory attendance, excessive absences, or excessive tardiness.
7.4 SUSPENSION AND MINOR DISCIPLINARY MEASURES
The appointing authority may suspend without pay for a period not exceeding thirty (30) days,
or reprimand, or apply other less drastic disciplinary measure to any employee under his control
for any violation of these rules or for insubordination or willful neglect of duty. Any suspension
that would have the effect of making the total amount of pay lost, by reason for suspension
during any twelve (12) month period, greater than the pay for the thirty (30) days, shall be
considered a removal. When a suspension is effected pending completion of investigation or
31
P161
court action for alleged violation of rules or statutes, the limitation of thirty (30) days shall not
apply; also if the employee is found not guilty of such alleged violation, he may, upon request
of the appointing authority, be paid for the period of suspension as if it had not occurred.
As a "less drastic disciplinary action" the appointing authority may withhold annual and sick
leave accrual from an employee found to have made incorrect reports conceming leave. Such
action shall not apply to leave accrued prior to the finding and shall not be effective for more
than six (6) calendar months for any one (1) period of incorrectly reported absence.
7.5 DISCIPLINARY PROCEDURE
A. INVESTIGATION
Upon receiving a report of a violation of the law, or a violation of a department or
disciplinary regulation as set forth in Section 7.3, from an official or an employee of the
County or from any citizen, the department head, or County Administrator will investigate.
The investigation will be made for the purpose of ascertaining the true facts relative to the
circumstances surrounding the alleged offense.
B. REPORT
Disciplinary action taken by any department head including suspension, demotion, or
termination shall be reported in full immediately to the Human Resources Manager prior to
initiating such discipline. In cases of dismissal for any reason noted in these or future
published regulations, the department head must give the employee a written notice of
said disciplinary action including in detail the reason or reasons therefore. The following
steps should be taken leading up to disciplinary action (see Section 7.2):
I. Orel Reprimand - For a minor violation of policies or a first -time offense, the employee
may be given an oral reprimand. The purpose of the reprimand is to draw the infraction
or deficiency to the employee's attention so that the problem may be corrected.
Employees who violate a rule are not problem employees unless they are habitual
offenders. A consultation between the employee and the supervisor is desirable. An
oral reprimand is a discussion whereby the supervisor and employee try to reach an
understanding of the causes for the offense, and to out fine and impress upon the
employee the need for corrective action. It can eliminate misunderstandings
immediately, and set the desired standards of conduct and performance. For minor
offenses, it is not necessary to describe in detail the reason for such an action; however,
it is necessary to indicate in a memorandum to file the date and nature of the warning
and a copy of the memorandum shall be forwarded to the Human Resources Manager
for subsequent consideration in the event of further disciplinary action.
2. Written Reprimand - If an oral reprimand fails to correct the problem or if the offense is
more serious in nature, a written reprimand may be issued, which will detail the nature of
the offense and efforts taken previously to correct it, if applicable. The employee may
write a response to be attached to the reprimand if he desires. A copy of the reprimand
and response by the employee will be given to the Human Resources Manager for filing
in the employee's personnel record see Section 7.2.
7.6 RESIGNATION
An employee may leave County service voluntarily by resignation, by stating his reasons in
writing to his department head. In accordance with section 7.1 herein, to resign in good
standing, an employee must give at least fourteen (14) days advance notice for non-
department heads, or thirty (30) days for department heads. If special circumstances exist,
the notice requirement may be waived by the County Administrator. Failure to return to work
at the expiration of an approved leave of absence shall be interpreted as a resignation. If the
County Administrator finds that a reported resignation was not voluntary, he shall treat the
separation as a removal under these rules. A resignation submitted on an undated, pre-dated,
or otherwise not bona fide form, shall be regarded as not voluntary. An employee who has
submitted his resignation may, with the approval of the County Administrator, be continued
in his position as though the resignation had not been filed, or his written request for
32
P162
authorization to withdraw the resignation, filed before the effective date thereof, or within
thirty (30) days thereafter if his position has not been filled. If an employee fails to work their
agreed upon resignation notice, the director may withhold accrued vacation, or holiday leave
proportionate to the days of notice the employee fails to work.
7.7 LAYOFF
The County reserves the right to lay off employees for lack of available work or funds. The
order of layoff is hereby declared to be as follows:
A. The order of the layoff shall be based on the relative value of the employees to the
County as determined by the Board of Supervisors on the recommendation of the
County Administrator. Constitutional Officers have sole authority to determine order
of layoffs in their Office.
B. No permanent employee shall be laid off from any position while any temporary
employee continues in that capacity.
C. Each employee laid off shall be given a written notice. Whenever practicable, this
notice should be given at least 14 days prior to the effective date and should include
the reasons for the layoff, the effective date, and any other information deemed
necessary by the County Administrator.
7.8 RETIREMENT
When an employee - initiated retirement is undertaken, the employee should notify the
department head and central accounting, as far in advance as possible with a minimum
60 -90 day notice provision suggested.
When an employee subject to the provisions of the Retirement Plan in effect has become
physically or mentally incapable of performing the duties of his position satisfactorily, or has
reached an age at which retirement is mandatory, R shall be the duty of the appointing authority
to recommend his retirement, or in cases in which retirement is not mandatory, his demotion or
transfer to any position for which he is eligible, the duties of which he is capable of performing
satisfactorily.
7.9 EXIT INTERVIEW AND RE- EMPLOYMENT
Upon departure of a County employee from County service, an exit interview of the separating
employee shall be completed between the departing employee and the Human Resources
Manager or designee. The interview is encouraged in all separations and an appointment
for the interview will be scheduled by the Human Resources Manager or designee.
During the exit interview, the employee may give his reason(s) for leaving County employment
and be informed about re- employment opportunities, reinstatement privileges, and retirement
benefits, if applicable. The informational session is not intended as a counseling or grievance
interview. The information gained from the employee's viewpoint on subjects such as pay,
benefits, training, and working conditions provides important feedback, which ultimately can
result in more satisfying employment for other personnel.
If, for some reason, an employee voluntarily separates from County service and later decides
he would like to rejoin the County, he shall be considered for re- employment. Re- employment
possibilities depend upon the individual's past record of performance, current position
vacancies, and the recommendations of the previous immediate supervisor and department
director. Consideration for interview and /or reemployment is at the discretion of the hiring
department, see Section 5.7.
7.10 EMPLOYEE TERMINATION PROTOCOL
A. Prior to involuntary termination of employment, the department head, in
consultation with the County Administrator, will assess the employee's potential
demeanor in deciding how and when to terminate said employee. This assessment
will determine whether the act of termination has the potential to subject other
employees or bystanders to physical or verbal abuse or other disruptions in the
33
P163
workplace .
B. In the event there is a potential for disruption, the Sheriffs Office will be
contacted. A determination will be made as to whether or not law enforcement
personnel will be present or on standby at a nearby location.
8. EMPLOYEE BENEFITS
The County offers a comprehensive benefits package. Benefits and employee
BENEFIT
FULL
PART
WHO PAYS -
WHEN ELIGIBLE
WHAT YOU RECEIVE
TIME
TIME
PITTSYLVANIA
COUNTY(PC);
EMPLOYEE(E)
Vacation
X
See 5.1 C
PC
After six months
After completion of
Leave
probationary period; see
Policy Section 6.1.
Sick Leave
X
PC
As Accrued
see Policy Section 6.2.
Personal Day
X
PC
When employed
See Policy Section 6.6.
C,l Leave
X
PC
When employed
When employee leave
Family Medical
X
After 1 year
Up to 12 weeks paidfunpaid
Leave (FMLA)
leave during a 12-rnordh
period
Employee
X
X
PC
When employed
Confidential way of working
Assistance
through work and family life
Program
situations by employees and
their families
Medical
X
PC -& E
Upon
Voluntary participation in
Coverage
Employment
Countys Group Medical Plan
through payroll
Other
X
E
Upon
Voluntary padicipation(i.e.
Insurance
Employment
Cancer, Intensive Care,
Coverage
Accident & Disability
FSA(Flexible
X
E
Upon
Voluntary participation
Spending
Employment
eligible
Accounts)
healthcareldependent
costs reimbursement
Deferred
C
E
Upon
Voluntary participation 457
Compensation
Employment
annuity retirement plan
Plan
34
P164
BENEFIT
FULL
PART
WHO PAYS -
WHEN ELIGIBLE
WHAT YOU RECEIVE
TIME
TIME
PITTSYLVANIA
COUNTY(PC);
EMPLOYEE(E)
Virginia
X
PC & E
Upon
Mandatory padicipation -5%
Retirement
Employment
monthly deduction from
System (VRS)
employee
Plan (-persons hired prior to
711/10; Plan II- persons hired
after 711/10 Hybrid
Employees after 1/1/14
Tenn Life
X
PC
Upon
Minnesota Life-term life
Insurance
Employment
insurance face value doubts
annual salary paid by County
Optional Life
X
E
Upon
Additional term life insurance
Insurance
Employment
available through Minnesota
Life based upon employee
annual salary for options up
l0 4 times annual salary.
Coverage available for
employee & spouse,
United Way
X
E
Voluntary participation-
Participation
deduction made
Educational
X
PC & E
After Probation
Reimbursement up to $400
Assistance
par semester with a grade of
C or better for a imi approved
job related course. (Per
Budoet approval)
IN- SERVICE ACTIVITIES
9.1 JOB RELATED TRAINING
The Human Resources Manager and /or individual department heads shall be
responsible for developing job - related in -service training programs for employees of
the County and for investigating outside training programs.
9.2 EDUCATIONAL BENEFITS (Per Budget Approval)
All active full -time employees of Pittsylvania County may request educational benefits
when an employee elects to further his/her education at an accredited institution.
The employee must have worked a minimum of one year with satisfactory
performance. Pittsylvania County will reimburse up to $400 per semester, not to
exceed two semesters, within the fiscal year. Consideration will be given for specific
coursework directly related to the employee's position, which will improve their
knowledge and skills, and will increase their job performance. Reimbursement will be
based on budget availability, and approval, provided that the employee successfully
completes the coursework with a grade of C or better.
In order to apply for educational benefits the employee must notify the department
head in writing of the request as soon as possible, and meet one of the following
35
P165
criteria:
• it will enable the employee to assume and perform more difficult responsibilities
and tasks;
• It will improve the quality of the employee's work and bring additional skills to the
job; or
• It will enhance the employee's opportunity for promotion to a higher classified
position within the employee's related field.
The employee must submit proof of coursework completion, and grade attained to the
Human Resources Department to confirm eligibility requirements are met, before
reimbursement is authorized. Requests will be reviewed and approved on a first-come,
first -serve basis.
An employee agrees to repay the educational assistance received by continuing
employment with the County for a minimum of one (1) year after all coursework is
completed. If the employee's employment is terminated for any reason, before
completing the minimum period of service, the employee agrees to repay, on a
prorated basis, the dollar amount not repaid by service. For example, if the employee
leaves after six (6) months, 50% of the County cost will be refunded by the employee.
10. EMPLOYEE ASSISTANCE PROGRAM POLICY STATEMENT
The Employee Assistance Program (EAP) is administered by the County
Administrator, and managed by the Human Resources Manager through an EAP
agreement The EAP is operated both as a personal management function and as an
employee benefit. Participation in the program is through referral by an employee's
supervisor or County Administrator when job performance has detained or through
self - referral when an employee feels personal problems may interfere or are
interfering with job performance.
The overall objective of the EAP is to reduce problems in the work force and to retain
valued employees. Administration recognizes that problems of a personal nature can
have an adverse effect on an employee's job performance. It is also recognized that
most personal problems can be dealt with successfully when identified early and
referred to appropriate care. The purpose of the EAP is to provide these services
through special arrangements with an outside counseling resource. The program is
designed to deal with the broad range of human problems such as emotional,
behavioral, family and marital, alcohol and/or drug, financial, legal, and other
personal problems. The program will provide problem assessment, treatment
planning and referral. Costs for these services are covered by the employer. If
costs are incurred for other services that are not covered by insurance or other
benefits, those costs will be the responsibility of the employee.
The guidelines for use of the EAP are:
A. Management is concerned with an employee's personal problems, how they affect him as a
person as well as how the employee's well -being influences work performance.
B. The program applies to all employees and their families.
C. The program is available to all employees and their families as specified in the PAP
agreement on a self - referral basis since problems at home can affect the job. If eligible
employees or family members have personal problems that may benefit from assistance,
they are encouraged to use the program.
D. Participation in the program will not jeopardize an employee's job security, promotional
opportunities, or reputation. EAP participation will not immunize an employee against
discipline for an infraction of work rules or the rules of conduct.
E. All records and discussions will be handled in a confidential manner as with other medical
records. These records will be kept by the designated counseling resource and will not
become part of the employee's personnel file, Except as set forth herein and in situations
36
P166
of dangerousness or as otherwise required by law, no information, oral or written, will be
disclosed without the express written permission of the employee. If an employee is
referred by the County to the EAP because of performance - related issues, the only
information the EAP will disclose to the referring person is whether the employee has
followed through.
F. When network related performance problems are not corrected with normal supervisory
attention, employees will be encouraged to seek assistance to determine if personal
problems are causing unsatisfactory performance. If performance problems persist, the
employee will be subject to normal corrective procedures.
G. It is the responsibility of all levels of management to utilize this program when appropriate
to assist in resolving job performance problems resulting from personal problems. Early
recognition of the troubled employee through application of job performance standards is a
proper function of management.
H. Sick leave may be granted for treatment of rehabilitation on the same basis as is granted
for other health problems. Consideration will also be given for the use of annual leave,
leave without pay if sick leave is not available, and disability policies.
I. The EAP does not alter or replace existing County policy or contractual agreements but
serves to assist in their utilization.
J. In the case of a job - performance- related referral, the supervisor will do all of the following:
• Consult with Human Resources.
• Document, as part of a performance improvement plan, that the employee was made
aware of the EAP as a resource.
• Notify the EAP that a referral has been made.
Complete an EAP referral form in order to provide relevant documentation of the
performance problem to the EAP.
11. DRUG -FREE WORKPLACE
11.1 PURPOSE
11.2
The County is committed to protecting the safety, health and well -being of all employees and
other individuals in our workplace. We recognize that alcohol abuse and drug use pose a
significant threat to our goals. We have established a drug -free workplace program that
balances our respect for individuals with the need to maintain an alcohol and drug -free
environment. The County encourages employees to voluntarily seek help with drug and
alcohol problems.
Our policy includes, but is not limited to executive management, managers, supervisors, full -
time employees, part-time employees (minors and interns working short term assignments may
be exempted from pre - employment screening), off -site employees, and applicants offered
conditional employment and are thus covered by our drug -free workforce policy.
11.3 APPLICABILITY
Our drug -free workplace policy is intended to apply whenever anyone is representing or
conducting business for the County. Therefore, this policy applies during all working hours,
whenever conducting business or representing the County, while on call, paid standby, while on
County property and at County- sponsored events.
11.4 PROHIBITED BEHAVIOR
It is a violation of our drug -free workplace policy to use, possess, sell, trade, and/or offer for
sale alcohol, illegal drugs or intoxicants.
37
P167
11.5 NOTIFICATION OF CONVICTIONS
Any employee who is charged with a criminal drug violation must notify the County in writing
within five calendar days of the offense. The County will take appropriate action.
11.6 SEARCHES
Entering the County's property constitutes consent to searches and inspections. If an individual
is suspected of violating the drug -free workplace policy, he or she may be asked to submit to a
search or inspection at any lime. Search is subject to approval of County Administrator and
Department Head.
11.7 DRUG TESTING
To ensure the accuracy and fairness of our testing program, all testing will be conducted
according to Substance Abuse and Mental Health Services Administration (SAMHSA)
guidelines where applicable and will include a screening test; a confirmation test; the
opportunity for a split sample; review by a Medical Review Officer, including the opportunity for
employees who test positive to provide a legitimate medical explanation, such as a physician's
prescription, for the positive resuh; and a documented chain of custody.
All drug- testing information will be maintained in separate confidential records.
Each employee, as a condition of employment, will be required to participate in pre-
employment, pre-duty, periodic, random, post-accident, reasonable suspicion, mtum -lo-duty
and follow -up testing upon selection or request of management.
The substances that will be tested for are: Amphetamines, Cannabinoids (THC), Cocaine,
Opiates, Phencyclidine (PCP), Alcohol, Barbiturates, Benzodiazepines, Methaqualone,
Methadone and Propoxyphene.
Testing for the presence of alcohol will be conducted by analysis of breath, saliva and /or blood.
Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine,
blood, hair, saliva and sweat.
Any employee who tests positive may be immediately removed from duty, suspended without
pay for a period of 30 days, referred to a substance abuse professional for assessment and
recommendations, required to successfully complete recommended rehabilitation including
continuing care, required to pass a Retum -to-Duty test and sign a Return-to -Work Agreement,
subject to ongoing, unannounced, follow -up testing for a period of five years and terminated
immediately if he /she tests positive a second time or violates the Retum -to -Work Agreement.
An employee will be subject to the same consequences of a positive test d he /she refuses the
screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that
from another person or sends an imposter, will not sign the required forms or refuses to
cooperate in the testing process in such a way that prevents completion of the test.
11.8 CONSEQUENCES
One of the goals of our drug -free workplace program is to encourage employees to voluntarily
seek help with alcohol and /or drug problems. If, however, an individual violates the policy, the
consequences are serious.
In the case of applicants, if he or she violates the drug -free workplace policy, the offer of
employment can be withdrawn. The applicant may not reapply.
If an employee violates the policy, he or she will be subject to disciplinary action and may be
38
P168
required to enter rehabilitation. An employee required to enter rehabilitation who fails to
successfully complete it and /or repeatedly violates the policy will be terminated from
employment. Nothing in this policy prohibits the employee from being disciplined or discharged
for other violations and /or performance problems.
11.9 RETURN- TO- WORKAGREEMENTS
Following a violation of the drug -free workplace policy, an employee may be offered an
opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by
the terms set forth in a Return- to-Work Agreement as a condition of continued employment.
11.10 ASSISTANCE
The County recognizes that alcohol and drug abuse and addiction are treatable illnesses. We
also realize that early intervention and support improve the success of rehabilitation. To support
our employees, our drug -free workplace policy:
• Encourages employees to seek help if they are concerned that they or their family members
may have a drug and /or alcohol problem.
• Encourages employees to utilize the services of qualified professionals in the community to
assess the seriousness of suspected drug or alcohol problems and identify appropriate
sources of help.
• Ensures the availability of a current list of qualified community professionals.
• Offers all employees and their family members assistance with alcohol and drug problems
through the Employee Assistance Program (EAP).
• Allows the use of accrued paid leave while seeking treatment for alcohol and other drug
problems.
Treatment for alcoholism and /or other drug use disorders may be covered by the employee
benefit plan. However, the ultimate financial responsibility for recommended treatment belongs
to the employee.
11.11 CONFIDENTIALITY
All information received by the County through the drug -free workplace program is confidential
communication. Access to this information is limited to those who have a legitimate need to
know in compliance with relevant laws and management policies.
11.12 SHARED RESPONSIBILITY
A safe and productive drug -free workplace is achieved through cooperation and shared
responsibility. Both employees and management have important roles to play.
All employees are required to not report to work or be subject to duty while their ability to
perform job duties is impaired due to on- or off -duty use of alcohol or other drugs.
In addition, employees are encouraged to:
• Be concerned about working in a safe environment.
• Support fellow workers in seeking help.
• Use the Employee Assistance Program.
• Report dangerous behavior to their supervisor.
It is the supervisor's responsibility to:
• Inform employees of the drug -free workplace policy.
• Observe employee performance.
39
P169
• Investigate reports of dangerous practices.
• Document negative changes and problems in performance.
• Counsel employees as to expected performance improvement.
• Refer employees to the Employee Assistance Program.
• Clearly state consequences of policy violations.
11.13 COMMUNICATION
Communicating our drug -free workplace policy to both supervisors and employees is critical to
our success. To ensure all employees are aware of their role in supporting our drug -free
workplace program:
• All employees will receive a written ropy of the policy.
• The policy will be reviewed in orientation sessions with new employees.
• The policy and assistance programs will be reviewed at safety meetings.
• All employees will receive an update of the policy annually with their paychecks.
• Employee education about the dangers of alcohol and drug use and the availability of help
will be provided to employees.
• Every supervisor will receive training to help him/her recognize and manage employees with
alcohol and other drug problems.
12. TOBACCO USE POLICY
12.1 POLICY.
It is the general policy of Pittsylvania County that there shall be no tobacco use
(smoking, chewing, or dipping) as defined herein in any building or vehicle owned or leased by
the County at any time except in approved designated smoking areas. In establishing this
policy, it is the intent of County Administration to provide a safe workplace.
12.2 DEFINITIONS
A. Public place shall mean any enclosed, indoor area used by the general public including, but
not limited lo, any building owned or leased by the Commonwealth or any agency thereof
or any county, city or town, public conveyance or public vehicle, restaurant, educational
facility, hospital, nursing home, other health care facility, library, retail store of 15,000
square feet or more, auditorium, arena, theater, museum, concert hall, or other area used
for a performance or an exhibit of the ads or sciences, or any meeting room. (Ref. Code of
Virginia, Section 15.2- 2820).
B. Smoke or smoking shall mean the carrying or holding of any lighted pipe, cigar, or cigarette
of any kind, or any other lighted smoking equipment, or the lighting, inhaling or exhaling of
smoke from a pipe, cigar, or cigarette of any kind. (Ref. Code of Virginia, Section 15.2-
2820).
12.3 AUTHORITY
C. The County Administrator, or, in the case of buildings not under the direct control of the
County, the person in charge, is authorized to establish one (1) or more designated
smoking areas outside of each county owned or leased facility provided that the designated
smoking area shall be separate to the extent reasonably possible and practicable from
those areas or rooms entered by the public or employees during the normal course of
business. (Ref. Code of Virginia, Section 15.2- 2827). These areas are only available
during lunch and break periods.
13. SOLICITATION
Non - business related solicitation is not permitted on County property with the following
exceptions: local, civic, charitable and non -profit organizations, fundraisers, and persons
associated with Pittsylvania County employee benefit programs. County email may not be used
to solicit others for commercial ventures, religious or political causes, outside organizations or
other non - business matters.
40
P170
14. ANTI - FRATERNIZATION
The Pittsylvania County strongly discourages employees from dating or entering into romantic
relationships with a co- worker. These relationships have the potential to cause serious
problems in the workplace. Such relationships may cause morale problems, lead to claims of
favoritism, discrimination, and sexual harassment, and affect the work routine and workload of
co- workers. Employees that choose to dale or have social relationships with co- workers are
expected to maintain their professionalism. Their level of productivity cannot be affected, and
public displays of affection are not acceptable while on duty, or attending County functions of
any description. Employees should also review a copy of the County's Sexual Harassment
Policy. Managertsubordinate relationships, or any relationship between County employees that
constitutes a crime in the Commonwealth of Virginia will not be permitted, and will result in
disciplinary action up to and including termination of one or both parties involved.
15. HARASSMENT
The County shall not condone any form of sexual or racial harassment of any employee. All
allegations of any torte of harassment shall be investigated and the county will just as
aggressively investigate any situation where unfounded complaints are lodged and will view
that situation just as seriously.
The County is committed to having a diverse workforce with all employees being valued for
their individual capabilities and contributions, complying with all federal, state, and local laws on
equal employment opportunity, and providing a workplace free from tensions involved in
conduct that does not relate to the County's business. In particular, the hostile atmosphere
created by non -work related conduct including ethnic, racial, sexual, or religious remarks,
animosity, unwelcome sexual advances, request for sexual favors, or other similar conduct is
notpennitted.
Harassment based on race, sex, color, national origin, religion, age, or disability will not be
tolerated. Harassment arises from the dynamics of the workplace and can be based on
nuances, subtle perceptions, and implicit communications. Conduct that may rise to the level of
harassment includes verbal remarks (epithets, derogatory statements, slurs, jokes), physical
contact (assaults, physical interference with movement or work, touching), visual displays
(displaying of printed or photographic materials, objects), and other actions that are demeaning
or hostile.
15.1 SEXUALHARASSMENT
Sexual harassment is unwelcome advances, request for favors, or other verbal or physical
conduct of a sexual nature when:
A. submission to such conduct is either explicitly or implicitly made a term or condition of
employment;
B. submission or rejection of such conduct is used as a basis for employment decisions;
C. the conduct is severe or pervasive enough to create an intimidating, hostile, or offensive
work environment.
Examples of sexual harassment are:
A physical assaults;
B. subtle or overt pressures or direct requests for sexual favors;
C. inappropriate displays of sexually suggestive objects, pictures, electronic pictures, or other
materials that are sexually suggestive, sexually demeaning, or pornographic; or
D. a pattern of unwelcome conduct of a sexual nature that would be offensive to a reasonable
person such as unnecessary touching, abusive or demeaning language or gestures (including
remarks about anther's clothing, body or body movements, or sexual activities), or teasing or
joking.
No supervisor or coworker shall intimate either explicitly or implicitly that an employee's
submission to or rejection of sexual advances will in any way influence any personnel decision
regarding that employee's employment, evaluation, wages, advancement, assigned duties,
41
P171
shifts, or any other conditions of employment.
15.2 VIOLATIONS
An employee who believes that this policy is being violated should (1) infomr the offending
person(s) that the conduct is unwelcome and (2) should report it immediately to the department
director, if the complaint is against the department director, then a report goes to the next person
in the chain of command. The report should be made in writing; however, a report will also
be accepted by phone or in person.
Charges will be promptly and thoroughly investigated and corrective actions taken if the charge
is founded. If it is determined that a violation has occurred, appropriate relief for the
employee(s) bringing the complaint and appropriate disciplinary action, up to and including
discharge, against the person(s) who violated the policy will follow.
A non - employee who subjects an employee to harassment in the workplace will be informed of
the County's policy and appropriate action will be taken to protect the employee from future
harassing conduct.
In all cases, the County will make follow -up inquires to ensure that the harassment has not
resumed.
An employee violating this policy will be subject to disciplinary action, including termination.
The employee who brought the complaint will be provided information on the outcome of the
investigation.
15.3 RETALIATION
Retaliation is illegal and contrary to the County policy of providing a work place free from
harassment.
Employees who bring complaints of discrimination or who identify potential violations, witnesses
interviewed during the investigation, and others who may have opposed discriminatory conduct
are protected from retaliatory acts.
If an employee believes that he is being retaliated against, a written report should be made to
his manager unless the manager is the subject of the matter. If such is the case, the next level
supervisor shall be contacted. Those who are found to be acting in a retaliatory manner will be
disciplined for such conduct.
15.4 VIOLENCE PREVENTION
The County does not tolerate employee violence or threats on County property or on County
time. The County strives to provide each employee with a sate working environment and to
provide our customers with a comfortable business climate. Employees who jeopardize this
safe atmosphere by engaging in violent behavior will be disciplined, up to and including
discharge for a first offense. Any employee with knowledge of any violation of this policy
should report to his or her supervisor, department head, or the County Administrator without
delay. The unauthorized possession of firearms, illegal knives, blackjacks, explosives, or other
weapons on County property or on County time is absolutely prohibited. Violation of this rule
war ants discharge for a first offense.
Violent behavior includes fighting, threats, harassment, verbal assault, and other aggressive or
intimidating behavior that places another individual in discomfort or fear for his or her well-
being. If an employee is subjected to violent behavior, the employee should inform his or her
supervisor instead of responding with violence. An employee should not escalate a potentially
hostile situation.
15. GRIEVANCE PROCEDURE
The purpose of this procedure is to provide a prompt, fair, and orderly method for the resolution of
employee grievances initiated by eligible employees of the County, when the problem has not
42
P172
been successfully resolved through informal efforts. (Constitutional Officer appointees are
exempt from this section of the policy, according to the Code of Virginia Section 15.2 -1507,
since they serve at the will and pleasure of the Constitutional Officer and the Cooperation
Agreement between the County and Constitutional Officers.)
16.1 GRIEVANCE
A. Definition of Grievance
A grievance is a complaint or dispute by an employee relating to his employment, including
but not necessarily limited to:
1. Disciplinary actions, including disciplinary demotions, suspensions, and dismissals
provided that such dismissals result from formal discipline or unsatisfactory job
performance.
2. Acts of retaliation as the result of the use of or the 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 any violation of such law to a
governmental authority, has sought any change in law before the United States
Congress or the General Assembly of Virginia, or has reported an incident of fraud,
abuse, or gross mismanagement.
3. Discrimination on the basis of race, color, creed, religion, political affiliation, age,
disability, national origin, or sex.
B. Management Rights and Prerogatives
The County reserves to itself the exclusive right to manage the affairs and operations of
County government. Accordingly, complaints involving the following management rights
and prerogatives are not gnevabl:
1. Establishment and revision of wages or salaries, position classification, or general
benefits.
2. 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.
3. The contents of ordinances, statutes, or established personnel policies, procedures,
rules, and regulations.
4. The methods, means, and personnel by which work activities are to be carved on,
including but not necessarily limited to:
a) The provision of equipment, tools, and facilities necessary to accomplish tasks.
b) The scheduling and distribution of manpower /personnel resources.
c) Training and career development.
5. The hiring, promotion, transfer, assignment, and retention of employees in positions
within the County's service.
6. Failure to promote except where the employee can show that established promotional
policies or procedures were not followed or applied fairly.
7. The relief of employees from duties, or taking action as may be necessary to carry out
the duties, of the County in emergencies.
8. Direction and evaluation of the work of County employees.
9. Termination, layoff, demotion, or suspension from duties because of lack of work,
reduction in force, or job abolition, except where such action affects an employee who
has been reinstated within the previous six (6) months as the result of the final
determination of a grievance. In any grievance brought under the exception to this
paragraph, the action shall be upheld upon a showing by the County that:
a) There was a valid business reason for the action, and
43
P173
b) the employee was notified of the reason in writing poor to the effective date of the
action.
16.2 COVERAGE OF PERSONNEL
All non - probationary full -time, and part-time employees are eligible to file grievances under this
procedure with the exception of the following:
A. Key officials of the County. For purposes of this procedure, a key official is defined as the
head of any County department.
B. Members of boards and commissions.
C. Employees whose terms of employment are limited by law.
D. Officials and employees who serve at the will or pleasure of an appointing authority.
E. Appointees of elected individuals or elected groups.
F. Probationary employees in matters concerning their dismissal. Probationary employees
may, however, use this procedure for complaints or disputes other than dismissals that are
determined to be gnevable.
G. Temporary, limited term and seasonal employees.
16.3 STEPS OF THE GRIEVANCE PROCEDURE
A. Step 1. An employee who believes he has a grievance and wishes to utilize this procedure
shall discuss the grievance informally with his immediate supervisor within twenty
(20) calendar days of the occurrence of the incident giving rise to the grievance, or within
twenty (20) calendar days following the occurrence of the incident, given the employee
reasonably should have gained knowledge of its occurrence, or twenty (20) calendar days
after the disciplinary process. A response to the grievance shall be communicated, either
orally or in writing, to the grievant within ten (10) calendar days.
Note: If the complaint is alleging discrimination or retaliation by the immediate supervisor
the grievance may be presented at Step 1 to the department head or, if there is no
department head above the immediate supervisor to the County Administrator. If Step 1 is
with the County Administrator, Step 2 is omitted, and the written grievance is presented to
the County Administrator. The grievance proceeds immediately to Step 3.
B. Step 2. If the grievant is not satisfied with and does not accept the Step 1 response, or if a
response is not provided within the required time frame, the grievant may proceed by
putting the grievance in writing on the Grievance Form which follows this procedure.
The Grievance Form shall be delivered, by mail or in person, to the department head within
ten (10) calendar days of receipt of the supervisor's response or the deadline for that
response, whichever occurs first. If the immediate supervisor is the department head, the
written grievance should be presented to the County Administrator and it will proceed as if it
were at Step 3.
The grievant shall specify the relief that he expects to gain through the use of this
procedure. The department head shall promptly meet with the grievant. Normally, the only
persons who may be present at the meeting or hearing shall be the agency head, the
grievant, and the appropriate witnesses. The department head shall render a written
response to the grievance within ten (10) calendar days following receipt of the completed
request forth with a copy of the response being sent to the County Administrator. By
mutual consent of the grievant and the department head, the grievant may skip Step
2 and proceed directly to Step 3.
C. Step 3. If the grievant does not accept the response at Step 2, or if the department head
fails to respond within the required time frame, the grievant shall indicate his desire to
advance the grievance to Step 3 on the Grievance Form. The Grievance Form shall be
delivered by mail or in person, directly to the County Administrator within ten (10)
calendar days following receipt of the Step 2 response or immediately after the deadline for
that response, whichever occurs first. If the County Administrator determines (or has
previously determined) that the complaint is grevabl, a meeting with the grievant, the
44
P174
grievants representative (if there is one), a representative of the affected department
and the County Administrator, will be held within five (5) calendar days. The County
Administrator will render a written response to the grievance within ten (10) calendar days
following receipt of the completed request form.
In the event that the County Administrator determines that the complaint, or a portion of the
complaint, is not grievable, the grievant may appeal that decision to the Circuit Court.
D. Step 4. If the grievant does not accept the Step 3 written response, or if the County
Administrator fails to respond within the required time frame, and the grievant wishes to
advance to a state hearing officer (as appointed by the Executive Secretary of the
Supreme Court or by the Department of Human Resource Management) the grievant shall
complete Step 4 of the Grievance Form.
The Grievance Form shall be delivered, by mail or in person, directly to the County
Administrator within ten (10) calendar days following receipt of the Step 3 response,
or the deadline for that response, whichever occurs first.
16.4 GRIEVABILITY AND ACCESS
A. Gnevability and access are determined by the County Administrator generally after the
grievance reaches Step 3. Only after the County Administrator has determined that a
complaint is grievable and /or the grievant has access to the procedure may a grievance be
advanced through Steps 3 and 4. Should the question of grievability or access arise at Step
2 the grievant or the department head may request a ruling on grievability and /or on access
by the County Administrator. The County Administrator shall render a decision within ten
(10) calendar days of receipt of the ruling request and shall send a copy of the decision to
the grievant and the department head.
B. The County Administrators decision on grievability and/or access may be appealed to the
Circuit Court of the County. Such appeals shall be instituted by the grievant by filing a
notice of appeal with the County Administrator within ten calendar days from the date the
grievant received the decision. Within ten (10) calendar days after the filing of the notice of
appeal, the County Administrator or his designee shall transmit to the Clerk of the Circuit
Court a copy of the County Administrators decision on grievability or access to the
procedure, a copy of the notice of appeal, a copy of the grievance record, and copies of all
exhibits. A list of the evidence furnished to the Court shall also be furnished to the grievant.
The appeal will be heard by the Court as provided by law. The decision of the Court is final
and is not appealable.
16.5 GENERALTERNIS
Except as otherwise noted, the following rules apply to all levels of grievance hearings:
A. Time intervals specified in Steps 1 through 4 may be extended by mutual consent of the
parties.
B. When a deadline falls on a Saturday, Sunday, or County holiday, the next calendar day that
is not a Saturday, Sunday, or County holiday shall be considered the last calendar day.
C. All grievance meetings shall be held during normal County working hours unless both the
grievant and the County Administrator should mutually agree otherwise.
D. County employees who are necessary participants at grievance hearings shall not lose pay
for time necessarily lost from their jobs and will not be charged leave because of their
attendance at the grievance proceedings.
E. At the Step 3 meeting, the grievant, at his option, may have present a representative of his
choice. If the grievant is represented by legal counsel, the County likewise has the option of
being represented by counsel.
F. The use of recording devices or a court reporter is not permitted at Step 1, 2, and 3
meetings.
G. Both the grievant and the County may call appropriate witnesses. All witnesses, including
the grievant, shall be subject to examination and cross -examination. Witnesses shall be
present only while actually providing testimony.
45
P175
H. Where a grievant has obtained partial relief at one level of this grievance procedure but
decides to appeal to the next higher level, the fling of a request form to the next higher
level shall constitute rejection of, and relinquishment of any claim to, any and all relief
granted at the previous level.
Each party shall bear the costs and expenses, if any, of his legal counsel or representative
16.6 COMPLIANCE
A. Except as noted in paragraph 16.5 (B), after the initial submission of the grievance to the
immediate supervisor, the failure of either party to comply with all substantial procedural
requirements of this procedure without just cause shall result in a decision in favor of the
other party on any grievabl issue, provided the party not in compliance fails to correct the
noncompliance within five (5) work days of receipt of written notification by the other party
of the noncompliance. Such written notification by the grievant shall be made directly to the
CountyAdminislrator.
B. If one of the management respondents in Steps 1, 2, or 3 does not respond to the
grievance, the grievant at his option may move the grievance to the next level by submitting
it without the response to the next Step or the grievant can provide the County
Administrator notice of the non - compliance.
C. The County Administrator shall determine compliance issues. Compliance determinations
made by the County Administrator or his designee shall be subject to judicial review, which
shall be initiated by the grievant filing a petition with the Circuit Court of the County within
thirty (30) calendar days of the compliance determination.
17. EMPLOYEE EVALUATION
17.1 FORM
County employees are evaluated annually using the standardized form approved by the County
Administrator. Probationary employees shall be evaluated thirty (30) days before the end of
theirprobation.
18. TRAVEL AND EXPENSE POLICY
18.1 PURPOSE
The County's policy regarding reimbursement for travel or business - related expenditures
includes a variety of practices to provide the employee with fair and equitable compensation for
travel expenses related to the conduct of County business. Normal home -to -work and work -to-
home travel time is not normally considered work or paid time. This is true whether the employee
works at one location or many. Travel time between different work sites during the day is
considered work time. When an employee is sent to work or attend a meeting requiring an
overnight stay, only the ravel ttme that falls within the regular scheduled work hours is
compensable time unless the employee is working while traveling, in which case all the hours
are compensable. Time spent traveling on off days during the employee's regular working hours
is compensable time. As an enforcement policy the Department of Labor will not consider as
work time that time spent in travel away from home outside of regular working hours as a
passenger on an airplane, train, boat, bus, or automobile. However, time spent working while
traveling as a passenger must be paid.
18.2 GENERAL
Requests for county employees in state travel must be preapproved by the department head
or Constitutional Officer designee. Request for county employee out of state travel must be
preapproved by the County Administrator or Constitutional Officer. Travel allocations shall
normally be included in departmental/Constitutional Officer operating budget requests.
Requests for travel and other expense reimbursement must be made on an approved County
reimbursement form, and must be accompanied by receipts and other documentation.
Each expense for which reimbursement is sought must be itemized.
Each employee seeking reimbursement must sign his or her request. Each request must be
signed and approved by the department head.
Reimbursements will be made only to the employee seeking the reimbursement and not to a
46
P176
second party.
18.3 MEALALLOWANCE
Reimbursements for meals shall not exceed the amount approved by the Finance Director or
design". Information concerning the current amounts may be obtained from Central
Accounting. Itemized receipts must be attached when requesting reimbursements.
18.4 MILEAGE REIMBURSEMENT
It is expected that employees traveling out-of-town on County business will use only the most
direct route to and from the location of that business. The use of personal vehicles for County
business will be reimbursed after a determination is made by the respective department
head, Mileage shall be reimbursed at the prevailing rate per mile as published by the Internal
Revenue Service for business use of personal vehicles. Mileage will be calculated to and from
job sites. Normal travel time from work -to -home, and home -to -work will be deducted from out-of-
town travel reimbursement.
18.5 NON - REIMBURSABLE TRAVEL EXPENSES
Ineligible expenses include but are not limited to the following: purchase of alcoholic
beverages, personal recreation- related expenses, and entertainment costs. Expenses for
spouses /guests are not allowed.
19. HEALTHANDSAFETY
19.1 OCCUPATIONAL SAFETY AND HEALTH
Piltsylvania County attempts to provide a safe and healthy working environment for all
employees by providing the necessary safety education and training. Employees shall follow
all prescribed safety procedures when performing their daily activities and shall further exercise
all reasonable and prudent judgment to ensure safety.
Each supervisor has the responsibility for ensuring that the various work centers are free from
any recognized hazards that might lead to death or injury. Further, it is the responsibility of
each employee to perform all work in a sale manner. All hazards, deaths, injuries, and
illnesses that occur on County property must be reported to the manager within the same day
of the discovery or occurrence.
Employees are directed to utilize all applicable safety procedures and equipment, and to
perform all work in a safe manner. Employees are responsible for bringing to their supervisors
attention any potential hazards that might exist within their workstations. Supervisors are
responsible for developing and maintaining work safety rules and for providing these rules in
writing to their subordinates.
Specifically, employees shall:
A. Report all injures, regardless of severity, to the supervisor immediately, but no later than
twenty-four (24) hours. If the supervisor is not available, the injury should be reported to
the manager before medical treatment is sought; Employee and Immediate Supervisor shall
follow the County's Procedure for reporting Worker's Compensation Claims.
B. Report and, if possible, correct all unsafe conditions or acts;
C. Avoid horseplay and mischief which could cause injury;
D. Take all standard safety precautions to prevent injury;
E. Follow all safety rules.
19.2 SELF - INSPECTION SAFETY PROGRAM
A. Purpose
Hazard prevention and control may be the most cost effective aspect of the County's safety
program. Se8-inspections will allow identification of most hazards. Some hazards will be
physical while others will be procedural. All must be identified and addressed in some way.
B. General Policy Statement
47
P177
In an effort to create a safe and healthy workplace, the County has established a policy to
conduct regularly scheduled self - inspections of the County's premises, job sites, and
procedures by which all work is completed. All necessary steps will be taken to assure the
safety of employees, the public, and any contractors.
C. Management Responsibilities
1. Department heads will conduct or support self- inspection training for supervisors and/or
employees that may have a part in this activity.
2. Department heads will monitor the implementation of the Self- Inspection Program in
order to evaluate the overall effectiveness.
3. Each supervisor will provide the means and support necessary to ensure compliance
with all applicable regulations and responsibilities outlined herein.
4. A Safety Committee, appointed by the County Administrator, shall have developmental
and audit duties to be certain the safety policy is written, firmly established, and
maintained.
5. The Safety Committee will be responsible for working with department heads to
delegate activities to committee members or other supervisors to complete the self -
inspections.
D. Employee Responsibilities
To make the Self - Inspection Program as productive as possible, all County employees
are expected to cooperate by answering any safety or work procedural questions asked
by inspectors.
Employees are encouraged to volunteer ideas about how facilities, equipment or work
procedures can be changed or improved to make them safer.
Report all hazardous conditions dangerous work procedures and near misses (an
unplanned event that could have caused injury or damage).
E. Self- Inspections
1. Written Program. Will be reviewed and evaluated annually.
2. Safety Committee. Will establish the types of inspections to be conducted and will
determine the frequency of completion. Once an initial inspection is completed, the
frequency of further inspections will be determined. This will be based on the number
and severity of hazards identified. Many OSHA programs require an annual
inspection /survey. Along with management, the committee will decide which self -
inspections safety committee members would conduct and which are to be delegated
to supervisors, equipment operators or specially trained engineers or maintenance
personnel. All self- inspections required to be conducted more often than monthly will
be completed by non - safety committee members.
3. Inspection Procedures. Previous inspection reports and any incident investigation
reports will be reviewed prior to initiating an inspection to determine what items have
been wrected, modified, completed, etc. The new inspection is then completed. A
copy of the completed inspection form(s) will be forwarded to the designated inspection
program coordinator, with recommendations for wrective action if deficiencies are
noted. Department heads will take immediate wrtective action to eliminate or minimize
hazards. Management will then initiate permanent corrective action where possible.
4. Observations of Procedures and Actions. Observations of work practices and
procedures will be conducted in addition to the established checklists. Comments will
be offered on the inspection form and reported to the appropriate supervisor(s). This
component of the inspection process will be kept professional and positive, not
punitive. These inspections will accompanylbe conducted independently of the
checklist portion of the inspection process. Observation inspections will be conducted
every two months.
5. Fortes. Forms to guide investigators will be produced and modified as needed. Other
forms will be generated and used as deemed necessary and may need to be
specifically designed for some departments. Some forms will require descriptive
48
P178
observations made about how employees perform specific tasks, to determine work
methods and actions that may contribute to hazards.
6. Inspector Training. Training on how to conduct effective self - inspections will be
coordinated by the safety committee. Classroom training may be followed by site
inspections with instruction from an experienced inspector who is able to answer
questions relating to the inspection process and the inspection forms themselves.
7. Inspection Results/Corrective Actions. All items noted as needing improvement,
modification, or action will be communicated to the appropriate manager or supervisor
for the departments) affected. Response to the deficiency will depend on the action as
indicated by the nature of the shortfall. A response from the manager /supervisor will be
sent to the safety committee indicating action(s) taken.
8. Follow -up. If necessary, the safety committee will review and act on all lack of
progress in addressing self - inspection items noted for improvement.
19.3 ACCIDENT OR INJURY INCIDENT INVESTIGATION PROGRAM
A. General
Learning from previous undesired incidents is a key element in the prevention of future
similar incidents. The County through this policy addresses procedures to be followed for
all incidents or near misses resulting in employee injury or property damage, and those
incidents that might have had the same results. The depth of investigation will vary with the
result of the incident and the potential for future consequences.
B. Management Responsibilities
All supervisors and department heads will be trained in how to conduct and report thorough
incident investigations. The immediate supervisor of the employee(s) involved in the
incident will conduct the majority of investigations. Reports generated will be routed
through the Assistant County Administrator, the Safety Committee and the insurance
carner(s). Management will ensure that both immediate and long -term corrective actions
are taken to prevent re- occurrence. Incident investigation reports will be kept permanently
on file.
C. Employee Participation
Employees will be instructed to report all incidents, including near misses to their
supervisor at their earliest opportunity and will assist as requested in the investigation
process. Employees are encouraged to volunteer ideas that may help to prevent similar
incidents in the future.
D. Prompt Investigations
Investigations should be conducted immediately or at least within twenty four (24) hours.
Providing first -aid and other medical treatment for injured employees will take precedence
over initialing the incident investigation. The purpose of prompt investigations is to gather
all the fads before the scene can change and witnesses are influenced. The lead
investigator may elicit the assistance of others in the process of investigating the incident.
These could include other department heads, safety committee members, maintenance
workers or the Risk Management Coordinator
E. Investigative Procedures
The actual procedures used in a particular investigation depend on the nature and results
of the incident. Incident investigation is primarily a fact- finding procedure; the facts
revealed are used to prevent recurrences of similar incidents. The focus of incident
investigation will be to prevent future incidents and injuries to thus increase the safety and
health of all employees. The site shall be secured to preserve the incident evidence unless
hazards within the site must first be controlled.
Some preliminary information gathered will include:
1. Witnesslnterviews
Witnesses include those present at the time of the incident and also those who were in
the area just before or after the incident as well. They should also be questioned about
49
P179
whether they have discussed the incident with others.
Corrective Actions
Corrective actions will be determined for each and every cause identified during the
investigation process. The minimum corrective action will be a brief retraining session
for all department employees that conduct the same task as employee(s) involved in
the incident. It may be possible to yield greater benefits by including procedural and
physical changes in the environment where the incident occurred.
3. Follow Up of Corrective Actions
The lead investigator will report to the Risk Management Coordinator at the end of 6
(six) months as to how effective the corrective actions have been. If corrective actions
resulted in the creation of new hazards, this will be included in the report as well.
19.4 WORKERS'COMPENSATION
The immediate supervisor is responsible for setting a good example for employees.
Supervisors should encourage safe work practices and make safety an integral part of the day -
to-day activities. Employees are required to comply with safety policies, including proper
operation of machinery and use of safety equipment. Disciplinary action may be taken where
unsafe practices are observed.
When an accident or qualifying illness occurs while at or the result of work, an employee may
be entitled to Compensation to help offset the loss of wages during the period that the employee
is unable to work. The employee must report any work - related accident to the supervisor, no
matter how insignificant. In case of a life or limb threatening emergency, the employee's
supervisor should call 911.
State law allows the County to designate physicians that will treat Workers' Compensation
illnessesfinjuries. The supervisor will provide the employee with a Copy of the Panel of
Physicians list and appropriate paperwork and instructions. If an employee chooses to be
treated by a physician other than one on the Countys panel of physicians, the employee may
be responsible for medical expenses related to the treatment. If the injury is determined to be
compensable, the injured employee will receive Workers' Compensation benefits in an amount
equal to 66 213 percent of his/her gross average weekly wage. Workers Compensation
benefits are paid directly to the employee and are non - taxable. If the injury is determined to be
non- compensable, all absences will first be charged to accrued sick leave and/or other leave as
approved by the supervisor.
Under the Virginia Workers' Compensation Act, a disability of over seven (7) days is required
before payment of Workers Compensation salary benefits can be made. If the disability
exceeds twenty-one (21) days, Workers' Compensation will be provided, retroactively for the
first seven (7) days (Ref. Code of Virginia, Section 65.2 -509).
During the first seven (7) calendar days that an employee is absent from work because of a job -
related illness or injury, the County will place the employee on Injury Leave with pay. Absences
away from work because of an accident on the job should be recorded on employee time
records as a 'Workers' Compensation" credit. Should the absences Continue for more than
seven (7) days, the employee will be placed on leave according to the Injury Leave policy (see
section 6.5, Injury Leave).
The injured employee will not accrue sick and annual leave while out on leave without pay. If
the employee is not paid wages for the entire day on which the injury occurred, the seven day
wailing period shall include the day of the injury regardless of the hour of the injury. All days or
parts of days when the injured employee is unable to earn a full day's wages due to injury, shall
be Counted in Computing the seven -day wailing period even though the days may not be
consecutive.
The immediate supervisor will periodically monitor the employee's progress and keep lines of
Communication open so that the employee will feel part of the work group.
The Family and Medical Leave Act requires that the County provide up to 12 weeks of unpaid,
job - protected leave to eligible employees when a serious health Condition makes an employee
unable to perform his or her job. Any Workers' Compensation injury or illness that qualifies as
a serious health condition will be designated as FMLA and Counted against the employee's
50
P180
annual FMLA entitlement. For the duration of the FMLA leave, the County will maintain the
employee's health and life insurance coverage. The employee must pay for other benefits that
are usually deducted from his or her salary.
If an injured employee is unable to return to work at the conclusion of the 12 weeks, the
employee will remain on leave of absence for a period not to exceed six months. Subject to
applicable law, department heads have the discretion of extending the Workers' Compensation
leave based on the needs of the department and any undue hardship created by the continued
absence of the injured employee. Should an employee believe he/she is eligible for disability
refirement under the Virginia Retirement System, he/she should discuss this with the
department head.
19.5 RETURN -TO -WORK POLICY
The medical provider will notify the employer of any changes in the injured worker's
physical restrictions, in writing, and will specify the employee's ability to return to work
with or without restrictions or reasonable accommodation.
A. Statement
The County will make every effort to return injured employees to productive employment as
early as possible, compatible with physical restrictions and good medical practices.
A strong return to work effort yields several benefits including:
• acceleration of the injured employee's recovery;
• maintenance of an experienced workforce;
• reductions in claims costs; and
improved employee relations
The County's first responsibility is the prevention of occupational injury and illness. The County
is committed to providing transitional work, on a temporary basis. The employee will continue
to receive pay at his regular pay scale and receive jab - related benefits of his original position.
Transitional work is defined as:
• Appropriate work to allow the resolution of the injury and to prevent re- injury.
• Modification of the job according to the medical limitations and needs of the department
where the employee may be assigned.
• A meaningful job.
• Temporary transitional work assignments will be reviewed every fourteen (14)days.
B. Procedure
1. Piltsylvania County shall receive a workers' compensation follow -up form which
identifies specific employee restrictions,
2. The County shall review these physical restrictions and plan tasks for the employee on
a temporary transitional assignment.
3. The employer and employee will meet to discuss the temporary transitional work
assignment and complete a temporary transitional work forth.
4. The employer will re- evaluate all temporary work assignments every fourteen (14)
days.
5. Every effort shall be made within the employee's department or if necessary within
another department to find a suitable modified work assignment for an employee
unable to perform his/her regular duties.
5. The modified work assignment shall be based upon the treating physician's medical
evaluation (including information on required medical treatments, recovery prognosis,
work restrictions, and time frames). The department head, Human Resources Manager
and /or the Safety Committee, when needed, shall carefully consider the medical
51
P181
report(s) and the availability of suitable modified duty prior to initiating a modified work
assignment. The Safety Committee may also provide assistance when needed in
identifying modified work.
7. An injured employee, who refuses any suitable employment, shall not be entitled to
any compensation at any time during the continuance of such refusal, unless in the
opinion of the Virginia Workers' Compensation Commission the refusal was
justified.
19.6 VEHICLE SAFETY POLICY AND DRIVER REQUIREMENTS
County owned vehicles may be operated only by approved County employees. Prior to
employment, an applicant for a County position must agree to a license check and a drug
screening by executing County approved consent forms. Drivers license checks will be
conducted on all employees who operate County vehicles once a year, thereafter. If operation
of a County owned vehicle is a primary requirement of an employee's job, a poor driving record
could result in disciplinary action including dismissal. In addition, County owned vehicles are to
be used only for County sponsored activities. Drug tests may be required for vehicle operators
at any time as outlined in Section 11.
A. Purpose
It is the policy of Pittsylvania County to protect its employees and citizens from injuries
caused by motor vehicle accidents involving vehicles owned by the County. The
County will ensure compliance with County, state and federal laws and regulations and
provide the most effective level of service at the least cost to citizens.
B. Covered Departments
All County Departments are covered by this policy.
C. County Vehicle Use Policy
Only County employees may operate County owned vehicles and other motorized
equipment
D. Responsibility
1. All County employees operating county vehicles shall adhere to the stipulations and
requirements of this policy.
2. Seat belts are required at all times for the operator and all occupants of County
vehicles.
3. Department heads shall be responsible for enforcement of this Policy in relation to their
employees.
4. Employees involved in an accident while operating a County vehicle must report it, if
possible, to 911 immediately.
5. An employee operating a County vehicle must report any mechanical failure, accident,
traffic violation or damage sustained to the vehicle while in the employee's use to the
department head or his designee. County employees shall obey all traffic laws while
operating a County owned vehicle and focus on driving at all times. Operators should
avoid distractions such as cell phone usage and eating while driving in a moving
vehicle.
6. A file shall be kept on each vehicle owned by the County by the department to which
that vehicle is assigned. This file shall contain maintenance records and other
pertinent information associated with the vehicle.
7. County employees and occupants shall not use tobacco products while in a County
owned vehicle.
8. County employees shall not use, purchase, or transport alcohol while driving County
owned vehicles.
9. Department heads shall ensure that all vehicles assigned to their department will be
inspected every two (2) months. The purpose of this inspection is to identify potential
safety concems with the vehicle and to ensure that all necessary equipment remains
52
P182
with the vehicle. The inspections shall be documented and kept in the vehicle file.
E. Accident Review
County drivers who are involved in an accident while operating a vehicle on County
business may be interviewed by the County or Departmental Accident Review Committee.
The purpose of the review is to learn ways to prevent accidents and to recommend
appropriate actions to the County Administrator.
F. Driver Requirements
I . Acceptable Driving Record
For the purposes of this policy, the following constitutes an acceptable driving record:
a) A valid Virginia drivels license with a score of -4 or better.
b) No license revocations or suspensions within the past three (3) years.
c) No record of conviction of a felony while operating a motor vehicle.
d) No Driving under the Influence (" DUP) Driving while Intoxicated (" OWP) convictions
in the past three (3) years.
2. Driver Eligibility
a) In order to operate County owned vehicles, an employee must be twenty-one
(21) years of age or have a minimum of three (3) years of acceptable legal
driving experience. If the employee's job requires transporting non -County
employees in County vehicles, the employee must be at least Mrenty -one (21)
years of age and have a minimum of three (3) years of acceptable, licensed driving
experience.
b) All County employees whose jobs may include driving responsibilities will have
their Department of Motor Vehicles ( "DMV) driving record reviewed annually by
their department head.
c) A County employee is eligible to operate a vehicle for County business purposes if
their DMV driving record is determined to be satisfactory upon review by the
department.
d) The Department will utilize the Virginia Department of Motor Vehicles Driver
Improvement Program to assess driver eligibility.
e) Employees must intone their Supervisor of the following:
i. That the operators OMV driver's license being restricted, suspended, or
revoked.
ii. Charges for moving violations while operating a vehicle.
iii. Legal charges or convictions while operating a vehicle.
1) Employees who fail to report such offenses outlined may be subject to disciplinary
action up to and including termination.
3. Disciplinary Actions Related to Poor Driving Performance:
a) If a County employee incurs violations while operating a County vehicle the
employee may receive the following disciplinary actions:
i. Revocation or suspension of their drivels license will result in loss of driving
privileges for County vehicles.
ii. Failure to report a moving violation while driving on County business will result
in disciplinary action as defined by County policy.
iii. Failure to report an accident while driving on County business will result in
disciplinary action as defined by county policy.
An employee who is charged with a DUI /DWI while on or off the job is prohibited from operating
County owned vehicles until a decision on the charge is rendered in Court. If the employee
53
P1S3
normally operates a County owned vehicle, an assignment to a non - driving position may be
required. If a non- driving assignment is not available, the employee maybe required to take
appropriate leave, or be placed on administrative leave without pay pending the outcome of the
courtdecision.
20. ELECTRONIC COMMUNICATIONS EQUIPMENT
The County may provide electronic, digital, and wireless communications equipment for county
business purposes. Any communication received sent, and stored on this equipment will be
subject to monitoring and in the course of this monitoring may be read for content. There
should be no expectation of privacy in any communications received, sent, or stored on
any equipment or service provided by the County. County provided telephones and radios
are for work related purposes. While occasional personal calls may be permitted, the number
and duration of such calls should be limited. Failure to follow, this guideline is a performance
issue and will be addressed by the employee's department head. Other than in emergency
situations, use of personal cell phones/personal electronic devices should be limited to lunch
time or breaks.
20.1 COUNTY COMPUTER USAGE
The IT policy for the County of Pitsylvania establishes guidelines for the proper and
acceptable use of all information systems including e-mail by county employees, elected
officials, volunteers, interns, and any other affiliates who may be authorized to use or perform
work on hardware, software, devices, and/or network connections provided by the County of
Pittsylvania. All electronic data created with, received by, or stored within any of the
systems mentioned above, administered by the County of Pittsylvania, are the property of the
county, and therefore, are not considered private to an individual, except where legally
stated. Employees do not have personal privacy rights in using the county's e-mail
system, intemet, nor any other hardware or software owned and operated by the county.
The County Administrator or Director of Information Technology reserve the right to restrict
or remove access or availability of electronic tools for any employee or user of our
network or connections as provided by the County of Pittsylvania that violates appropriate
use and/or security policies and practices. Refer to the Information Technology Policy you
were given at the time of employment, as well as any revisions that may apply, for more
specific information as to what is and is not permissible for the systems owned by and
administered by the County of Pittsylvania.
Because the public library also provides computers and intemet access to the public, its
intemet requirements meet federal and state requirements and are dictated by the acceptable
use policy required by the Commonwealth of Virginia antl approved by the Board of Trustees.
21. POLITICAL ACTIVITY
All County employees are encouraged to exercise their right to vote and to express private
opinions on candidates and issues. However, to ensure and maintain each employee's
individual rights free from interference or solicitation by fellow employees, supervisors or
officials, political activities during working hours or when officially representing the County are
prohibited. General statements of County policies and practices include:
A An employee shall not be coerced to support a political activity or to sign petitions for office.
B. An employee shall not engage in political activity on work premises during work hours.
C. An employee shall not use County resources, including but not limited to County vehicles, for
political activities.
D. An employee shall not use, discriminate in favor of or against, any person or applicant for
employment based on political activities.
E. An employee shall not use the employee's title or position while engaging in political
activity.
F. Constitutional Officers and their appointees will conform to the State Board of Election
Laws.
54
P184
22. SEVERABILITY AND MODIFICATIONS
A. Conflicting Policies Repealed
All prior policies that conflict with the provisions of this policy are hereby repealed.
B. Severebility
Should any section, subsection or provision of this Manual be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of this Manual as a whole or any part thereof, other than the part
so declared, to be invalid and unconstitutional.
C. Right to Amend
The County reserves the fight to modify all or any part of this Manual as may become
necessary.
D. Violation of Policy Provisions
An employee violating any of the provisions of this policy shall be subject to disciplinary
action, suspension, and/or dismissal, in addition to any civil or criminal penalty.
E. Effective Date
This policy shall become effective upon adoption.
23. CREDIT CARD POLICY
23.1 PURPOSE
The purpose of this policy is to establish guidelines for Pittsylvania County to be able to issue
credit cards to officers and employees for the purpose of covering expenses related to
authorized travel and other authorized purchases. This policy will provide guidance to enable a
cost effective, convenient and streamlined method of purchasing items for Pittsylvania County.
Reports on cardholder activity will enable the County of Pittsylvania to rapture information
necessary to better manage Pittsylvania County purchasing activities. This policy replaces
Section 3 of the Travel Training and Education Policy adopted by the Board of Supervisors on
August 5, 2013.
23.2 GENERAL REQUIREMENTS TO USE CREDIT CARDS
A. Under this policy a credit card may be issued to an individual who is:
1. An employee or elected constitutional officer for the County of Pittsylvania who
demonstrates a need to use a County credit card either for authorized travel or an
authorized purchase or
2. A member of the Board of Supervisors only for travel outside of the County of
Pittsylvania on an "as needed' basis.
B. Authorized employees or elected officials may use a county credit card to purchase
merchandise or services required as a function of his/her duties for Pittsylvania County.
Unauthorized and /or inappropriate credit card use is addressed in Section V of this policy.
Disciplinary actions related to unauthorized and/or inappropriate credit card use is addressed in
Section VI of this policy.
C. An authorized credit card purchase may be made in- store, by telephone, fax, internal or U.S.
mail.
23.3 CARD ISSUANCE:
Credit cards for the County are maintained by the Purchasing Manager. Employees or elected
county officials who have been authorized to utilize a County credit card must check out a credit
card from the Purchasing Manager and sign an employee agreement concerning credit card
purchases. Only one agreement is necessary per employee not per card use A sample of the
employee agreement form is attached, Cards must be returned to the Purchasing Manager
within five (5) business days of the employee's return to work for authorized travel and within one
(1) business day when the card is used for other authorized purchases.
55
P185
23A SECURITY:
A. Authorized use of the credit card is limited to the employee or elected official whom the credit
card was issued to. The credit card shall not be loaned to another employee or elected official
but should first be returned to the Purchasing Manager to be reissued.
B. It is the responsibility of authorized credit card user to safeguard the credit card and the credit
card account number at all times by keeping the card in a secure location at all times. Lost or
stolen credit cards must be reported immediately to the Finance Director of Pittsylvania County.
C. The Finance Director will notify the County Administrator and the credit card agency of
this lost or stolen card.
23.5 UNATHORIZED AND INAPPROPRIATE USE:
A. Credit cards must never be used to purchase items for personal use, even if the employee or
elected official intends to reimburse the County of Pittsylvania. Purchases for non - Pittsylvania
County purposes include but are not limited to cash advances, food not previously authorized,
alcoholic beverages, recreation, entertainment and any other expense considered personal.
23.6 DISCIPLINARY ACTION:
A. An employee or elected official who makes unauthorized or inappropriate purchases with the
county credit care will be subject to disciplinary action including but not limited to restitution to
the County of Pittsylvania for the unauthorized or inappropriate purchase, possible inability to
utilize county credit cards in the future, possible termination of employment at Pittsylvania
County and possible criminal prosecution. Restitution for unauthonzedfinappropriate purchases
shall be paid by the employee or elected official by check or salary deduction.
B. Unacceptable or unauthorized purchases MUST be reported immediately to the County
Administrator. The Board of Supervisors will subsequently be made aware of these charges by
the County Administrator even if the affected employee/elected official has made arrangements
to make restitution for these unauthorizedlunaoceptable purchases.
C. Improper use of the issued credit card may result in prosecution of embezzlement under
section 18.2 -112 of the Code of Virginia.
23.7 CREDIT CARD ACCOUNTABILITY:
In order for spending limits to be monitored and purchasing activity reconciled to the monthly
charge card statements, authorized credit cards users must maintain a separate log of
purchases made with the credit card. A Credit Card Log Sheet (see attached) should be
established with each credit card issuance and submitted to the Accountant in the Finance
Department when the card has been turned in to the Purchasing Manager. This must be done
within five (5) business days after the employee returns to work for authorized travel and after
one (1) business day when the card is used for authorized purchases. To use the card, the
authorized user must:
A. Identify the vendor that accepts VISA and sells the required goods and services
B. Call or go to the vendors place of business and place an order.
C. Give the vendor the account number and expiration date of the credit card. The vendor will
verify the account number with VISA. The spending limit will be checked electronically for
compliance with applicable limits. Inform the vendor that the County is tax exempt.
D. Be sure there is NO SALES TAX applied to any purchases. Pittsylvania County is tax
exempt from sales tax, but must pay meals tax.
E. Retain all documents pertaining to the purchase. Wnen the vendor delivers the order,
documentation of the purchase, such as sales receipt or packing slip should accompany the
order. Detailed receipts must be retained for ALL purchases including meals. Detailed receipts
will list individual items purchased. This documentation must be attached to the credit card log
sheet and submitted to the Accountant in the Finance Department so that these charges can be
reconciled to the monthly credit card statement.
56
P186
23.8 DOCUMENTATION, RECONCILIATION, AND PAYMENT PROCEDURES:
A. Documentation: Any time a purchase is made with the credit card, the authorized user must
obtain a customer copy of the charge slip, which will become the accountable document (make
sure all carbons are destroyed). The charge slip MUST provide a detailed list of each item
purchased including cost. When used to pay for meals, employees may have to specifically
request detailed receipts that list each item purchased.
B. Telephone Orders: The authorized user must obtain an invoice from the vendor after the
order is placed.
C. Missing Documentation: If the authorized user does not have documentation of the
transaction to send with the credit card transaction log (sample log attached) for any transaction
other than telephone orders as described above, he or she MUST contact the vendor to get a
duplicate receipt. If the purchase cannot be documented you will be responsible for paying the
purchase from your own personal funds. Recurring abuse of this provision may result in an
employee /elected official's inability to utilize County credit cards in the future.
23.9 PERIODIC REVIEW:
The credit card statement will be audited monthly and reconciled with the credit card log sheets
and receipts received by the Accountant in the Finance Department. Monthly reports will also be
submitted to the Board of Supervisors for review. This report will show the item purchased,
amount spent and the name of the individual making the purchase.
24. RECORD KEEPING POLICY
The Human Resources (HR) department retains and destroys personnel records in accordance with
the Library of Congress policies on business records retention as well as federal and state laws
governing records retention. Below is an outline of the HR department's operating procedures for
personnel records retention and destruction of documents when such retention periods have
passed.
The HR department maintains both employee record information and government compliance
reports- Both are subject to the following retention requirements and destruction procedures.
Maintenance of Employee Records
The following employee information records are maintained in segregated personnel files:
t) Pre-employment information.
2) 1 -9 forms.
3) Benefits plan and employee medical records.
4) Health and safety records.
5) General employee personnel records.
Government compliance reports are maintained in reverse chronological sequence and filed
separately from the above employee information records.
Destruction of Employee and Applicant Records
All paper personnel records and confidential employee data maintained by the HR department
will be destroyed by shredding after retention dates have passed; this procedure pertains to all
personnel records, not just those governed by the Fair and Accurate Credit Transactions Act
(FACTA).
Application materials submitted by applicants for employment who were never employed are
also to be shredded.
Personnel records include electronic as well as paper records. The HR department will work with
the IT department periodically, but no less than twice annually to review and ensure that the HR
department's electronic records relating to employee information and compliance reports are
property purged.
Retention of Terminated Employees' Records
The retention periods for terminated employees and applicants' records and compliance reports
are as follows:
57
P187
Pre - employment records:
ResumEs, applications and related employment materials, including interview records and notes,
for applicants not hired: 3 years.
Resum6s, applications and related employment materials, including interview records and notes,
for employees: 4 years after date of termination.
Background checks, drug test results, driving records, company employment verifications, letters
of reference and related documents: 5 years.
Employee records:
Terminated employee 1 -9 Forms: The later of 3 years from date of hire or 1 year following
termination of employment.
Compensation, job history and timekeeping records: 4 years after termination.
FMLA and USERRA and related leave records: 3 years after termination.
Performance appraisal and disciplinary action records: 4 years after termination.
Benefit records: 6 years after the fling date of the documents, based on the information they
contain, or 6 years after the date on which such documents would have been filed but for an
exemption or simplified reporting requirement.
Disputed issues (records relating to issues 2 years after resolution of dispute involving external
agencies or parties, wage -hour investigation by DOL, EEOC charge, arbitrations, court actions,
etc.), OSHA and employee safety records: 5 years after termination.
Employee personnel records: Long Term — 50 years after separation.
Workers' compensation claims: 30 years after date of injuryfillness.
Employee health records: 30 years after separation.
Compliance reports and records:
State New Hire reports: 1 year after report was filed.
EEO -1: 2 years after report was filed.
Annual Affirmative Action plans: 2 years after dose of AAP year.
OSHA 300/300A: 5 years after posting.
Form 5500: 6 years after report was fled.
Federal /state tax reports: 4 years after report was filed.
25. EMPLOYEE SERVICE AWARDS 8 RECOGNITION
Subject to available funds, regular full -time and part-time employees who meet specific eligibility
requirements may be considered for programs which recognize continuous employment or other
special employee contributions that the County from time to time develops.
Service awards shall generally be in recognition of continuous employment for five -year
increments of time, and as follows:
A. An employee's service shall be considered continuous so long as his/her name remains in
an uninterrupted way on the County's payroll, and /or
1. The employee is on an approved leave of absence under the terms of the County's
Employee Manual.
2. The employee has been laid off involuntarily.
3. The employee enters military service and returns to work within ninety (90) days after
his/her honorable discharge.
B. No credit for prior service shall be considered in the award program in a case where an
employee is terminated by reason of voluntary resignation or discharge, and then re- hired.
58
P188
C. An employee whose service terminates for any reason prior to his/her appropriate
employment anniversary date shall not be eligible to receive an award, with certain
exceptions as follows:
1. The employee shall receive an award it he /she retires voluntarily or is required by reason
of physical disability to retire within ninety days of the appropriate anniversary date.
2. The employee's family shall receive the award if he /she dies within ninety days of the
appropriate anniversary date.
26. INTERNSHIPS
Departments within Pittsylvania County have the option of using interns to assist in meeting their
goals and objectives. It is important the selection and use of interns is consistent among each
department. The framework of our internship administrative policy and procedure is outlined below.
1. Policy
Pittsylvania County supports internship programs sponsored by colleges, universities, local
government or affiliated entities. In addition, if there is a specific department need, a department,
upon notification to the Human Resources Department, may advertise for interns to assist with
special projects. The County may provide for paid or unpaid internship opportunities. Internships
are designed to provide a hands-on teaming experience for the participant and, if paid, should meet
the following criteria outlined by the Fair Labor Standards Act:
• The internship, even though it includes actual operation of the facilities of the employer, is
similar to training which would be given in an educational environment;
• The internship experience is for the benefit of the intern;
• The intern does not displace regular employees, but works under dose supervision of existing
staff;
• The employer that provides the training derives no immediate advantage from the activities of
the intern; and on occasion its operations may actually be impeded;
• The intern is not necessarily entitled to a job at the conclusion of the internship; and
• The employer and the intern understand that the intern is not entitled to wages for the time
spent in the internship.
If these criteria cannot be met, then the internship must be a paid internship. Departments must
work with the Director of Finance to ensure they have funding available in their budget for paid
interns.
Interns utilized by the County must be at least 18 years old, currently enrolled in a degree program
that is relevant to the internship, be in good academic standing, and be registered for courses
during the internship period. Summer interns must be enrolled in the upcoming Fall semester.
Interns are required to complete a County application and submit an official transcript. Interns must
also be lawfully authorized to work in the United States and are required to provide proof of
authorization. The Human Resources Manager must approve all interns prior to their start date,
It. Responsibility
Department Directors: Department Directors are responsible for ensuring their department can
meet the specific objectives of the student and educational institution when utilizing a sponsored
internship. Department Directors are also responsible for managing interns and completing all
necessary recordkeeping related to the performance and experience of interns in their department.
This includes completing any required reports and providing feedback to the sponsoring agency. In
addition, Department Directors are responsible for ensuring interns are selected and utilized within
the framework of this administrative policy and procedure.
Human Resources: Human Resources is responsible for oversight of the hiring and use of interns.
III. Procedure
A. Special Projects
59
P189
t) If a department has a need for an intern to assist with a special project, then the Department
Director should provide written justification to the Human Resources Manager for approval.
The justification must include the need for an intern, how the intern will be utilized, length of
time required, and whether or not the intern will be paid.
2) If approved, the department will create a request to the Human Resources Manager to
advertise for an intern on the company website.
3) Human Resources will accept applications and monitor the recruitment process. The
department is responsible for screening applications received for internships and conducting
interviews with guidance from the Human Resources Manager.
4) Once an intern is selected, the recommendation should be sent to the Human Resources
Department for approval and necessary screenings. Interns must satisfactorily complete a
back ground check prior to their first work day with the County.
5) Human Resources will alert the department when their intems are able to begin their
assignment.
B. Sponsored Internships
t) The Human Resources Department will notify Department Directors of internship
opportunities available to them through colleges, universities, or other government or
affiliated entities.
2) Department Directors wishing to participate should notify the Human Resources Manager.
3) The Human Resources Manager, or designee, serves as the liason between the organization
providing the intern and the department, and is responsible for oversight of the process.
4) Department Directors will interview intems provided by the organization and make a final
selection.
5) Once a selection is made, the Human Resources Department will conduct necessary
screenings. Intems must satisfactorily complete a back ground check prior to their first work
day with the County.
6) Human Resources will alert the department when their interns are able to begin their
assignment.
60
P190
APPENDIX
This appendix is not part of the personnel policy
but is to be used in accordance with the policy.
Forms found here may be modified or changed
without approval of the Board of Supervisors.
Appendix A
Receipt of Pittsylvania County's Personnel Policies
Appendix B
Determination of Grievability Form ...........................
Appendix C
Grievance Form
StepOne ........................... ...............................
StepTwo .......................... ...............................
StepThree ........................ ...............................
StepFour .......................... ...............................
Appendix D
Employee Performance Evaluation ...........................
P192
RECEIPT OF PITTSYLVANIA COUNTY'S PERSONNEL POLICIES MANUAL
I, , have received a copy of the Personnel
Policies Manual of Pittsylvania County on the date shown below. I agree to comply
with the provisions of the Manual. This manual is not and shall not be construed as an
explicit or implied contract of employment for a specific period of lime, shall not modify
any existing "at will status" of any County employee, and shall not create any due
process requirement in excess of Federal or State Constitutional or Statutory
requirements. In addition, I specifically agree to the following:
I consent to monitoring of electronic communications as described in the Manual.
Signed, the day of 120
Employee's Signature
This receipt will be kept in the employee's personnel file.
Appendix A -1
P193
COUNTY OF PITTSYLVANIA
DETERMINATION OF GRIEVABILITY FORM
This request is being made at the request of:
Employee Department Director
Name of Employee Date
Department
Name of Department Director Date Department
PROBLEM, AS STATED BY EMPLOYEE OR DEPARTMENT DIRECTOR
(Specify the relief expected)
After review of the above complaint and in accordance with Section 15 of the Pittsylvania
County Personnel Policies Manual, I have determined that it is:
Grievable
Nom- Grievable
Signature of County Administrator Date
Appendix B -1
P194
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Name of Employee Date Department
Name of Department Director Date Department
PROBLEM, AS STATED BY EMPLOYEE (Specify the relief expected)
Signature of Grievant
Appendix C -1
P195
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Name of Employee Date Department
Name of Department Director Date Department
FINDING OF IMMEDIATE SUPERVISOR
DECISION OF GRIEVANT:
_Accept Reject
Signature of Immediate Supervisor Date
Signature of Grievant Date
Appendix C -2
P196
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Name of Employee Date
Name of Department Director Date
Department
Department
PROBLEM, AS STATED BY EMPLOYEE (Specify the relief expected)
Signature of Grievant
Appendix C -3
P197
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Name of Employee
Department
I hereby request a meeting with my Department Director in accordance with the provisions of the
Complaint and Grievance Procedure (Step Two) of the Pittsylvania County Personnel Policies
Manual.
Signature of Grievant
FINDING OF DEPARTMENT DIRECTOR
DECISION OF GRIEVANT:
Accept _Reject
Signature of Department Director Date
Signature of Grievant
Appendix C -4
P198
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Sten Three:
Name of Employee Department
I hereby request a meeting with the County Administrator in accordance with the provisions of
the Complaint and Grievance Procedure (Step Two) of the Pittsylvania County Personnel
Policies Manual.
Signature of Grievant
FINDING OF COUNTY ADMINISTRATOR
DECISION OF GRIEVANT:
_Accept Reject
Signature of County Administrator
Signature of Grievant
Appendix C -5
Date
P199
Date of Request
COUNTY OF
PITTSYLVANIA
GRIEVANCE FORM
Name of Employee Date Department
Date of Step One Filing
GRIEVANCE (Explain in your own words, why you are requesting a Hearing Officer.)
Signature of Grievant
Appendix C -6
P200
PITTSYLVANIA COUNTY, VIRGINIA
EMPLOYEE PERFORMANCE EVALUATION
TO:
DEPARTMENT: JOB TITLE:
CHECK ONE:_Annual _S Month_Other DATE OF HIRE:
Performance evaluations should measure both the employee's activities and the results.
Concentrate on the actions of the individual, not the person. Evaluate performance as
compared to the requirements of the job / position description. The interview should cover
plans for improvement and allow feedback
Ratings: (3) Excellent = Exceeds expectations (2) Good = Meets all expectations (1) Needs
improvement = Meets most expectations (0) Unacceptable = Falls short of expectations
Appendix D -1
P201
(a) unacceptable
(1) Needs lnproverreM
(2)Good
(3)Excellent
Job anowletlga:
Technical experience,
_Lacks suffiGent
Krwwledgeade in sorre
_KrwwledgeeUe in
_ Knowleegeade in
Possesses skills to
knowlndge to
agredsdtepb. Neetls
rrostaspeds d the'
1°D
all as pacts of the lob.
accomplish job, familiar
perform ale job.
training. Often regtlres
Guidarlm required kr apply
Applies knowledge to
with procedures and
guitlarce to appy procedtree
Procedaes to new
new aituaaons with
Objectives, understands
strew sillrefiws.
chose
minimal guitlance.
scope and interrelationship
to others.
Oualay o/ Work:
_Does not meet
_OCwsionelly does not
Completes work
Accurate, thorough,
minimal quality
complete work accurately
_
accurately and neatly.
_frequently
demonstrusshigh
neat, careful.
expectations Mrte
and ready. Needs to
Meess quality standards.
degree daoxary and
job.
check work more carefully.
neatielss Frequently
Occasionally falls short Of
exceeds quality
quality standards.
standards
DuaMtty of Wgrk:
�odueae
_produces tewAume M
Radxes high
Protluctia
work necessary to meet
work necessary to most
wlurreolwak
doesnotmeet
nmfYrtum standards .
standards. meemilangruad
Frequently
ninmum
etyadabons.
Occasionally ressese ss gretl
deedx
assigaddeadhoes.
tleadinee.
Need for Supenbl"
_Requires
Work is completed With
on own
Request use
Wake independently:
constant supemony
repeated supemsay
_Works
assignment under
auP"sion; Is nasue
organizes and plans
follow -up in area to
observation or control.
normal, prearranged
work; recognizes
get scheduled work
supervisory followup.
prionties.
Eors,
Dependability:
Requires dose
Sare4res reglaHS
_Usually talks careof
Reliable in job.
Accepts responsibilities;
supervision; is
RM"V
necessary task$ and
Regularly completes
meets deadlines;
unreliable
completes with
work on schedule.
perseveres, follows
reasonable promptness.
instructions.
titiettva:
Acts independently; able
Shws6tlk
oltiaae. Nava
SMwssane kigage.
Does not $hirk
Aboveaverage. A
to originate and develop
,gkryee$ Sticks
Shaiddomonswilhout
Voluntarily attempts to
solve nonmulinejob
sett - starter. Will
useful ideas; self- starter,
tl�,mjpbroulie
teapbbaldtl.
problems as may 000uc
generally volunteer.
resourceful.
Asourceful,
Does rxx ratan
Leams new pradims
gmcklyleams new
Quick to learn new
practices; adjusts to
instructors. Does
alter much instruction
_Ra4Myleansrew
pracces,adiubiwglto
_
Wedlroe. Hasa
Menges in assignments
not adjust well to
change. Does not
Accepts change with
charge Goodapoicabon d
positive attitude aboul
or working conditions;
applypb
hesitancy; ninimum
job knoMedga
change. Erceptlanal
applies job knowledge,
knowledge.
applicationofjob
application sties
knowledge.
knowledge,
Appendix D -1
P201
Judgment:
-Pq ymalres
_ Too often
_Usually
_ Above average
Capadq to mnte masonatle
Immonal decisions;
seNds wrong
exerdses sound
reasoning, seldom ens in
dedaors.
poorjudgement
Marvel
judgement.
judgement
Interpersonal slogs:
Does not irnterwt
Sme his
Gela'dygasaog
Gets along with
others Very infrequent
TheablfgyroinleadlnaPosliw
well MR, others,
dfio%y eYaaNgwiin
wihWesedoy
.
coMids. Ogee shows
memer with irdemal mid aemal
frequent corMids,
yjye ptyeese
oxasmdoxdds
Strong imorperwrel stills.
automers; iMWes abililyb
unwoperetne
rrlmq>aatre.
wmmulYC818.
AKendanee and
Often absent
Lax in
SeAdadory
_RardYtaW ar
Punctuality:
willeul good exorse
agendance andor
Attendance record,
absent almost afwaYs
Adheres to schedule and
andbrfreguardy
repoNng forwmkm
generagy aoospts
acmptsovergmaworK
reasonable Irma frames.
repxistowuMlais.
time.
overtime if requested
grequestla1
OVERALL RATING
CHECK e0%
General comments concerning performance and employee strengths and weaknesses
Did employee reach previous improvement/development objectives
Plans for improvement/development objectives:
RATED BY IMMEDIATE SUPERVISOR:
Signature: Date:
EMPLOYEE COMMENTS:
Employee Signature: Date:
APPROVED BY DEPARTMENT HEAD:
COMMENTS:
Signature
Date:
Received by Human Resources Manager:
Date Evaluation Received:
Appendix 0.2
P20 2
PERFORMANCE RATINGS
All ratings must be factually based on the employee's current performance in
conjunction with the requirements of the position description, not based on employee's
potential nor performance on previousjob(s). It is inappropriate to allow a
performance rating on one factor color the ratings on other factors.
RATINGS DEFINITION¢
Unacceptable Achieves far less than results expected from job requirements. Requires more
assistance and supervision than is acceptable on a continuing basis. Overall
performance is not acceptable.
Needs Improvement Achieves results which fail to meet job requirements. Requires more than
normal assistance or supervision. Exhibits potential to become fully
satisfactory performer with coaching and establishment of improvement
objectives.
Good Achieves results which meet or occasionally exceed all standards and job
requirements. Demonstrates effective working knowledge, judgement and
control of the position. Requires no more than normal assistance and
supervision. This rating reflects performance that meets all standards and
requirements of the position.
Excellent Achieves results which generally exceed most job requirements. Demonstrates
a high degree of initiative, application, or significant depth to knowledge in the
field. Contributes worthwhile new ideas and continuous sound judgement. Is
highly effective and produces work or high quantity and quality. Requires less
than normal assistance and supervision.
Appendix D -3
P203
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE:
Donation of Surplus Vehicles to Piedmont Training
Academy
SUBJECT/PROPOSAL /REQUEST:
Donation of Surplus Vehicles to Piedmont Training
Academy
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
05 -02 -2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
INFORMATION:
ITEM NUMBER:
II
INFORMATION:
ATTACHMENTS:
1) Letter from Captain Donald Motley, Pittsylvania County
Sheriff's Department
RFVIF.WFn RV.
DISCUSSION:
Staff received a letter from the Sheriff's Office (see attached) requesting consideration of three (3) of its
surplused vehicles be donated to the Piedmont Training Academy that would be used for the Emergency Vehicle
Operations Course at the academy.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review, consideration and approval. A Roll Call Vote is
required.
P204
St1ERIPF
Michael -W. 7ayCor
Sheriff
Mr. Clarence Monday
County Administrator
P.O. Box 426
Chatham, VA 24531
Mr. Monday:
The Office of the Sheriff
PittsyCvania County
Phone (434) 432 -7800 Or (434) 656 -6211 Fax (434) 432 -7823
Emai(- pcso)yittgov.org - Website- 1viviv.yntsy(vaniarher org
April 14, 2016
6 °�er/��� ���
•gb'eno'� j;,
P.O Box 407
Chatham,'VA 24531
This letter is a request from the Pittsylvania County Sheriff's Office to donate three of its vehicles to the
Piedmont Training Academy. These cars are as follows:
2007 Crown Victoria - VIN 2FAHP71W77X160548
2007 Crown Victoria - VIN 2FAHP71W97X160552
2007 Crown Victoria - VIN 2FAHP71W77X160551
In donating these cars, I am also asking the insurance be cancelled. These cars will be used for EVOC
(Emergency Vehicle Operations Course) at the academy. I respectfully ask of this request.
Best Regards,
�J r
Captain D. H. Motley
Pittsylvania County Sheriff's Office
DHM /tw
P205
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Foundation Grant Appropriation —
Requires a Roll Call Vote
SUBJECTIPROPOSAUREQUEST:
Appropriation of Community Foundation Grant Funds
for the purchase of a Sani -Cage
STAFF CONTACT(S):
Monday, Van Der Hydi
BACKGROUND:
AGENDA DATE:
5 -02 -16
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
12
INFORMATION:
INFORMATION:
ATTACHMENTS:
Community Foundation Award Letter
Mr. Mark Naron, Animal Shelter Manager, recently received grant funding in the amount of $2,500 from The
Community Foundation of the Dan River Region to be used to purchase one molded composite Sani -Cage to
house puppies. The attached award letter has been included for your review.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve an appropriation of $2,500.00 to the Community
Foundation Grant. Requires a Roll Call Vote.
P206
Community
Foundation
ofthe Dan River Region
March 31, 2016
Mr. Mark Narron
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
Dear Mr. Narron,
541 Loyal Street • Danville, Virginia 24541
434.793.0884 • Fax 434.793.6489 0 www.cldreorg
lmpmvingand enriebing area lives ibrougb thegenerosity ofdonors
We are pleased to report that Pittsylvania County has been identified as a grant recipient
from the Pittsylvania County Animal Shelter Fund of The Community Foundation of
the Dan River Region.
We are enclosing a check in the amount of $2,500 that may be used to purchase one
molded composite Sani -Cage to house puppies. We understand that the unit will be
transferred to the new animal shelter upon its completion.
We would appreciate any recognition you could give to The Community Foundation in
your ongoing publications. Please send a final reporting once the unit is purchase and in
place, along with photos, if possible.
Please do not hesitate to call us if you have concerns or questions. We are so pleased to
help our donors improve the quality of life through organizations and projects such as
yours.
Sincerely,
Blair Lumpkins
Program Officer
Enclosure
P207
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE: ITEM NUMBER:
Request for Road Abandonment — Wildlife
05 -02 -2016 13
Foundation of Virginia (Georges Lane)
ACTION: INFORMATION:
Yes
SUBJECT/PROPOSAL/REQUEST:
Request for Road Abandonment (approximately 640
ATTACHMENTS:
feet of Georges Lane, from the end of state
1) Resolution 2016 -05 -01
maintenance to the northeast boundary line of GPIN
2) Notice of Intent to Abandon
#2421 -35 -4527
3) Area Map
4) Executive Summary from 03 -07 -2016 BOS
Regular Meeting
STAFF CONTACT(S):
5) 5) Newspaper Ads
Mr. Monday; Mr. Sides
REVIEWED BY: C1
BACKGROUND:
The Pittsylvania County Board of Supervisors, at its regularly scheduled meeting on March 7, 2016,
unanimously determined that no public necessity exists for the continuation of the portion of State Route 946,
described on the attached plat. Accordingly, the Board authorized County Staff to send its Notice of Intent to
Abandon said road to the Virginia Department of Transportation (VDOT) Commissioner, post notice of same
for a thirty (30) day period, and run newspaper ads as required by Virginia Code § 33.2 -909. During said
posting period, no interested person requested a public hearing regarding this matter.
RECOMMENDATION:
For the Board's potential action. If the Board desires to abandon said road, Resolution 2016 -05 -01 is
requested to be passed via a majority affirmative vote.
P208
Vittolbanta Countp 39oarb of 6uperbi5org;
RESOLUTION
2016 -05 -01
The Board of Supervisors of Pittsylvania County, Virginia (the "Board"), at its
regular meeting on the 2 " d day of May, 2016, adopted the following:
WHEREAS, public notice was posted as prescribed under § 33.2- 909, Code of
Virginia, 1950, as amended, announcing the Board's intent to abandon the road
described below from the secondary system of state highways, and offering to
hold a public hearing on the same, if so requested by any interested party; and
WHEREAS, the Commissioner of the Virginia Department of Transportation ( "VDOT ") was
provided the prescribed notice of this Board's intent to abandon the subject section of road; and
WHEREAS, no person requested a public hearing on this matter during the statutory posting
notice period; and
WHEREAS, after considering all evidence available, this Board is satisfied that no public
necessity exists for the continuance of the section of Secondary Route 946, approximately 640 feet
of Georges Lane, from the end of state maintenance to the northeast boundary line of GPIN # 2421 -35-
4527 in the Chatham - Blairs Magisterial District of Pittsylvania County, Virginia.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above - described section
of road and removes it from the secondary system of state highways, subject to VDOT approval,
pursuant to § 33.2 -909, Code of Virginia, 1950, as amended; and
WHEREAS, t h i s Board h a s p r o v i d e d V D O T with a plat dated May 27, 2014,
depicting the above - referenced portion of the secondary system of state highways to be abandoned,
which plat is hereby incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, this Board requests t h a t V D O T abandon the
portion of the secondary system of state highways identified on the attached plat, pursuant to
§33.1 -229, Code of Virginia, 19 5 0 a s a m e n d e d; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the
VDOT Commissioner.
Certification
I hereby certify that the foregoing Resolution was duly considered by the Board of Supervisor of
Pittsylvania County, Virginia, at the regular meeting in Pittsylvania County, Virginia, at which a
quorum was present and that same was passed by a vote of _ in favor and _ opposed, this
2 "d day of May, 2016.
ATTEST:
Clarence C. Monday, County Administrator/BOS Clerk
Recorded Vote:
Moved by Supervisor:
Second by Supervisor:
Yeas:
Nays:
P209
Jessie L Barksdale, Chairman
NOTICE OF INTENTION TO ABANDON ROAD
Pursuant to § 33.2 -909 of the Code of Virginia, 1950, as amended, the Pittsylvania County Board
of Supervisors (`BOS "), at its regularly scheduled meeting on Monday, March 7, 2016,
unanimously determined that no public necessity exists for the continuation of the following
road, and therefore directed its notice of willingness to abandon the same be sent to the VDOT
Commissioner. The road the BOS intends to abandon, subject to VDOT approval, is described
as follows: approximately 640 feet of Georges Lane (State Rte. No. 946) in the Chatham - Blairs
Magisterial District of Pittsylvania County, Virginia, from the end of state maintenance to the
northeast boundary line of GPIN # 2421 -35 -4527. The complete road abandonment file,
including a detailed plat, is available for inspection in the Office of the Pittsylvania County
Administrator, 1 Center Street, Chatham, Virginia, Monday through Friday between the hours of
8:00 a. m. and 5:00 p.m. If any individual wishes to petition for a public hearing before the BOS
of or related to the above - referenced road abandonment, please contact the Pittsylvania County
Administrator at Clarence.Monday @pittgov.org , or (434) 432 -7710.
P210
�[^ .Y MyNbj b'<f iV �0 ?OrSyM1
ss` w' o°d 8 — y"
3"y6 h „ x. �yat ✓P"�R'
N�.^"�S��i 2♦ � Mw^ � 2^ sA 50 "n
4�2� 2:^� 2h . {� 0 \ iN^ " .� `❑ � Qa�vgb 83 M1
<^RhrvS
g 222NNN22
N y, V� ^h ��$+i4ph 19�h$$i'�^ iYhry �`S�? SSYYryn�"' 247 BiaS�h� Nyg
F �O�` � � �hh<h RhpM `7i 2oh y'4h 24h N20h 32u� b�' 4 0h pp�`
%tht �O^<i 20h �`Htih �k'Nhh M1�l IbMOS�
q,o <a�a ��a <� oaf
o a 0 0�8 88A8
P211
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Request for Road Abandonment — portion of Georges 03 -07 -2016
Lane, Route 946
SUBJECT/PROPOSAL/REQUEST:
Begin Process for Road Abandonment — End of
Georges Lane
STAFF CONTACTIS):
Mr. Monday; Mr. Sides
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
The Wildlife Foundation of Virginia (the "Foundation ") owns 845 Georges Lane in Blairs, GPIN 2421 -35 -4527,
measuring 212.7 acres in size. The Foundation intends to operate the property as a wildlife management area with
restricted access to the public. Currently, the state maintained Georges Lane extends over 650 feet into the
Foundation property before it dead ends. In order to place a gate at the entrance to the Foundation property, the last
approximately 650 foot section of said road needs to be abandoned and removed from the public highway system.
There are no other properties served by the section of road proposed for abandonment.
DISCUSSION:
Per Virginia Code § 33.2 -909, the procedure for the Board of Supervisors (the `BOS ") to abandon an existing road,
or portion of a road, is as follows:
1) The BOS must decide that no public necessity exists for the continuance of the public road;
2) After such an affirmative majority vote, the BOS must send a formal notice of its intent to abandon the road
to the VDOT Commissioner;
3) The BOS must post notice in at least three (3) places on and along the road sought to be abandoned for at
least thirty (30) days;
4) The BOS must publish notice of its intent to abandon the road in two (2) or more issues of a newspaper
having general circulation in the County;
5) The BOS must then wait thirty (30) days for any interested party to request a public hearing of or related to
the road abandonment; and
6) If a request for a public hearing does not occur, the BOS, within the four (4) months of the thirty (30) day
posting period, must pass an ordinance or resolution requesting VDOT to abandon the road.
RECOMMENDATION:
If the BOS determines abandonment of the portion of Georges Lane, as shown on the attached plat, is appropriate, a
motion needs to be made stating that the BOS has determined that no public necessity exists for the continuance of
the public road, as delineated on the attached plat, and authorizing posting and publishing a Notice of Intent to
Abandon, including a willingness to hold a public hearing, and authorizing the County Administrator to forward the
required documentation to VDOT.
P212
STAR - TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for successive weeks in the Star - Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on 201 G, and ending
on , c,L` 3 , 20 1 b .
F90had Harrison, Publisher,
SHIRLEV H AOKINS
Notary Public
Commonwsaltft of Virginia
158484
My Commltsion Expires Apr 30, 20]9
The foregoing instrument was acknowledged before me this
day of by
My commiss on expires ��,���Qf 9
28 N. Main Street
P.O. Box 111
Chatham, VA 24531
P213
Notary Public
Tel.: (434) 432 -2791
Fax: (434) 432 -4033
legals@chathamstartribune.com
STATE OF VIRGINIA, AT LARGE
County of Pittsylvania, To-wit:
SHIRLEV H AOKINS
Notary Public
Commonwsaltft of Virginia
158484
My Commltsion Expires Apr 30, 20]9
The foregoing instrument was acknowledged before me this
day of by
My commiss on expires ��,���Qf 9
28 N. Main Street
P.O. Box 111
Chatham, VA 24531
P213
Notary Public
Tel.: (434) 432 -2791
Fax: (434) 432 -4033
legals@chathamstartribune.com
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE:
Banister River Extension — Virginia Treasures
Designation Signs
SUBJECT/PROPOSAL/REOUEST:
Banister River Extension — Virginia Treasures
Designation Signs
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
05 -02 -2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
INFORMATION:
ITEM NUMBER:
14
INFORMATION:
ATTACHMENTS:
1) Letter from the Honorable Terence R. McAuliffe, Governor
of Virginia
2) Copy of Commonwealth of Virginia Certificate of
Approval — Confirmation of inclusion as a Virginia Treasures
3) Purchase form for Virginia Treasures Sign
4) Description of Virginia Treasures Program
BACKGROUND:
County Administration staff was informed via a letter from Governor Terence McAuliffe that the Banister
River Extension had been approved for inclusion to the Virginia Treasures Program. The purpose of the program
is to preserve, protect and highlight Virginia's most important ecological, cultural, scenic and recreational assets as
well as its special lands.
VThe County has the option to purchase a Virginia Treasures Sign to showcase the Banister River
Extensions' inclusion in this program. Thus far, the Banister River Extension is one of 67 natural, cultural and
recreational treasures included in the program. Should the Board of Supervisors approve the purchase of 2
Virginia Treasures signs, the price of each would be $100 and they would be placed at the bridge on U.S. 29 that
crosses the Banister River, along with the Scenic River Designation Signs are located there, contingent on site
approval by VDOT. Funds for the purchase are available in the Buildings & Grounds budget, in the Sign Line
Item.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the purchase of two Virginia Treasures signs for a total cost of
$200 and authorize the County Administrator to sign any necessary documentation.
P214
Tcteme R. McAuliffe
V:
COMMONWEALTH ®1 VIRGINIA
Office of the Governor
April 1, 2016
Mr. Clarence Monday
Pittsylvania County Administrator
Post Office Box 426
Chatham, Virginia 24531
Dear Mr. Monday:
Thank you and congratulations on the designation of the Banister River Extension as a
state Scenic River under the Virginia Treasures initiative. I am pleased to present you with the
enclosed certificate of recognition.
For centuries and around the world, our Commonwealth has been known for the beauty
of our environment and for the rich diversity found in our forests, wetlands, streams and fields.
These treasures benefit all Virginians and are economic and environmental assets. Most
importantly, they are a huge part of our culture.
Whether it is through land conservation, establishment of new parks or park facilities,
trails, wildlife habitats, or protection of historic or scenic resources, the actions you have taken
join you with others across Virginia in fostering a stewardship ethic for our natural and cultural
resources. Thank you for taking this step to help protect and showcase Virginia's many and
diverse treasures.
It is my hope that as more citizens become aware of our natural and cultural resources,
they will be inspired to protect and preserve Virginia's many treasures for future generations to
enjoy.
Thank you again for being a part of this legacy.
Enclosure
Patrick Henry Building • I I I I East Broad Street • Richmond, Virginia 23219
(804) 786271 I • TTY (800) 828 -1120
uww. govenntt. � irginia.gov
P215
eJ
•
L -_
P216
d a
u
� o
V Z
ya
w
FK U
I PZ
t I
c
O
ro
U
d
i
U
tom°
a
L
O
U
cd r�
C3
-.
Cd
v
cd 0
C.
O
cd
•6 G
H
P4
p
m v
Q1
cn
P4
bJD r.
Q
®
a v
°
® v
Cl, d
ed
Cd
~
T OA
E-+
C
y .
4-1
N
® .3
®
®
o
U W
C8
0
cd
c
P216
d a
u
� o
V Z
ya
w
FK U
I PZ
t I
c
O
ro
U
d
i
U
G
O
L
O
U
�V q
P217
I-
0
LL
i
.a
i
0
c
Im
N
of
O .
a
f0
L
z
v
a
a
c
0
m
N
m
a
a
v
N
T
it
c
n
N
H
v
V
�O
o
�
C
Y
v
m
U
ep
O �
C
N
U
C
o
v
Q
w
v p
N
v
>
p U
V
ami
t
u
1
cm
�
�r
`v
0
0
v
r
s
c o
n
v
0
co
u 3
E
Q `v
is
U
N —
O
C 'o
o
C
OI
C
a
V
y
m Y
U M
N
N
co C
m
C
Of
U/
u O
EQ
in >
mp`N
U
Gm
u
u
3
s
C
d
s a
U
c- '0 Q
O O
O
,C
�
v
N
u y
>
r
•N-i
U
T~
N
m 2 O
C N
O V
N
l0
m
'O
j
-
C
M
`"'�
N
V
Z
a w t
j 0)
>
_ V
49�
11
F1
CL
CL
00
E
I-
0
LL
i
.a
i
0
c
Im
N
of
O .
a
f0
L
z
v
a
a
c
0
m
N
m
a
a
v
N
T
it
c
n
N
H
A focus on quality
easureS Goat 2,000
i Recreational Treasures
Conservation Treasures 393
The Virginia Treasures initiative focuses on quality rather than just quantity. The program
stresses safeguarding significant sites and assets rather than just the numbers. The idea is
to preserve, protect and highlight Virginia's most important ecological, cultural, scenic and
recreational assets as well as its special lands.
The conservation of working farms, forests, waterways and open space will continue. Most
of this effort will be accomplished through conservation easements, which preserve land
and improve the health of waterways, including that of the Chesapeake Bay. Particular
attention will be paid to land with rare and endangered species and habitat.
The initiative also aims to identify and expand public access to the great outdoors through
playgrounds, boat ramps, scenic byways, public gardens and so on. By increasing public
access to and appreciation for Virginia's outdoor treasures, public support for conserving,
protecting and maintaining Virginia's natural resources will likewise grow.
Virginia Treasures will be the scorecard by which the McAuliffe administration measures
success at protecting land, water and recreational space. The goal is to identify, conserve
and protect at least 1,000 treasures by the end of the governor's term.
P218
Land Conservation Treasures
A land protection treasure is one permanent, fee - simple conservation or open -space
easement, or an amendment of an existing easement that permanently protects significant
resources. Significant resource protection is measured by means of 14 metrics; a treasure
must protect at least one metric.
• Cultural or historical assets
• Agricultural land
• Local agricultural and forest districts
• Forest land
• Virginia Natural Landscape Assessment
• Natural Heritage Conservation Sites
• Wetlands
• Forest land with high water quality value
• Riparian buffers
• Recreation land
• Land near protected land
• Land near scenic rivers, scenic byways, the Appalachian Trail or the Potomac
National Scenic Trail
• Virginia Outdoors Foundation special project areas
• The Nature Conservancy Focus Areas
Contact DCR's Natural Heritage Program staff for details about the above metrics.
A few land conservation treasure examples
Natural Bridge and more than 1,600 acres of wildlife habitat, streams and caves that
are home to hundreds of wildlife species, rare bats, invertebrates and unusual
communities of plants.
Dundas Granite Flatrock Natural Area Preserve in Brunswick County, which
supports a globally rare plant community and two rare plant species.
Richmond National Battlefield Park, which added nearly 300 acres in 2014 through a
partnership between the Civil War Trust and the National Park Service.
Natural, Cultural and Recreational Treasures
A recreational treasure is a one that provides new public access to a natural, cultural or
scenic outdoor recreation resource. These are projects that help the public by enhancing
outdoor recreation and foster stewardship of natural and cultural resources. Emphasis is on
ventures that meet the public's most needed outdoor recreational offerings. Treasures are
P219
added when they are opened to the public. To be eligible, recreational or cultural treasures
must be owned by the federal, state or local government or, if privately owned, accessible to
the public.
An asset must consist of at least one of the following:
New facilities
• Trails
• Water access
• New park facilities
• Gardens and arboretums
• Playgrounds and natural play areas
• Historic rehabilitation
• Newly restored habitat for wildlife viewing
Special designations
Historic or cultural sites that receive state or national register designation and
provide public access
• Trails special recognition, such as national trail designations
• Scenic river and scenic byway
• Scenic viewshed
• Recreational use agreement
A treasure is not
• An event or program
• A management or maintenance function (e.g., stocking a lake with fish, bush -
hogging an existing viewshed, painting a building, dredging a boat ramp or
conducting a routine prescribed burn)
• Ball fields, golf courses, sports facilities, zip lines... i.e., facilities in which the primary
focus is not on natural or cultural resources
Contact DCR's Planning and Recreational Resources staff for details on recreational
treasure criteria.
A few recreation treasure examples
Tobacco Heritage Trail, a 17 -mile multi -use trail in Southern Virginia.
P220
Pitts Landing Boat Ramp, providing universal access to the Chesapeake Bay in
Accomack County.
Canoe access at Crow's Nest Natural Area Preserve in Stafford County, providing
access to the Captain John Smith Trail, the Potomac Heritage Trail and the Star
Spangled Banner Trail.
P221
REPORTS FROM
MEMBERS
P222
REPORTS FROM
LEGAL COUNSEL
P223
REPORTS FROM
COUNTY
ADMINISTRATOR
P224
a�
VIRGINIA
Darrell W. Dalton, Director of Buildings &
Properties o`
Building & Grounds Department
51 N. Main St. u CD
P.O. Box 426 `" "- 176
Chatham, Virginia 24531 G p
E -mail: darrell.dalton @pittgov.org �KG1Ty
MEMORANDUM
Phone (434) 432 -1768
Fax (434) 432 -7714
Gretna /Hurt (434) 656 -6211
Bachelors Hall/Whitmell (434) 797 -95!
To: Otis S. Hawker, Assistant County Administrator
From: Kaylyn Myers, Administrative Assistant III, County Administrationbw""V�'
Date: April 29, 2016
Subject: COMPLETED WORT{ ORDERS — APRIL 2016
Attached please find a listing, by department, of completed work orders for the month of
April. This list does not reflect work orders in progress but not yet completed, actual expenses
incurred, or routine maintenance necessary for the smooth operation of the County facilities.
However, it does reflect the total number of man- hours.
Presently, there are approximately 9 work orders still outstanding.
If you have any questions concerning this, please do not hesitate to contact me.
KM
Attachment
cc: Clarence Monday, County Administrator
Darrell W. Dalton, Superintendent of Building & Grounds
P225
BUILDING & GROUNDS MAINTENANCE
WORK ORDERS COMPLETED FOR MONTH OF APRIL 2016
NO W/O MAN -HOURS
ANIMALCONTROL
ARMORY
77S C S / EXTENSION / USDA -FSA
BOARD OF SUPERVISORS
BUILDING & GROUNDS
BUILDING INSPECTIONS
CAPTAIN MARTIN BLDG
1
6
CEENTRAL ACCOUTING
CENTRAL PURCHASING
C[RCUIT COURT
1
2
CLERK OF COURT
CODE COMPLIANCE (PLANNING CON MJSSSION & ZONING)
COMMISSIONER OF REVENUE
5
6
COMMONWEALTH ATTORNEY
COMPACTOR SI "TE
COUNTY ADMINISTRATOR AND ASST COUNTY ADMIN.
COUNTY ATTORNEY
COURTHOUSE (1968 ANNEX)
COURTHOUSE (EDWIN R. SHIELDS)
CSA -CPMB
DEPOT BUILDING
EMERGENCY 911 FACILITY
I
1
ENVIRONMENTAL. HEALTH
FINANCE
FIRE MARSHAL
GENERAL DISTRICT COURT
GRANTS ADMINISTRATION
HEALTH DEPARTMENT
HUMAN RESOURCES
HUMAN SERVICES FACILITY
INDUSTRIAL PARKS
INFORMATION TECHNOLOGY
JAIL
17
16
JUVENILE. & DOMESTIC COURT
JUVENILE & DOMESTIC COURT SERVICES UNIT
LANDFILL
LIBRARY
6
9
LITERACY
MAGISTRATE
MOSES BUILDING
OLD DOMINION AG. COMPLEX
PCED BUILDING
PURCHASING
REASSESSMENT
RECREATION: RAIL -TRAIL & WAYSIDE PARK
RECREATIONAL
REGISTRAR -VOTING PRECINCTS
1
I
SHERIFF
2
5
SOCIAL SERVICES
4
4
TREASURER
I
1
VICTIM WITNESS
OTHER- 4380 BERRY HILL RD
RINGGOLD DEPOT
CALLANDS CLERKS OFFICE
OLD BLAIRS SCHOOL
DAN RIVER MIDDLE SCHOOL TOWER
1
2
KENTUCK WALKING TRAIL
TOTAL WORK ORDERS COMPLETED - APRIL 2016
48
53
YEAR To DATE 07/012015 - 06/302016
751
1,128
P226
PITTSYLVANIA COUNTY
Mil" KIM
Otis Hawker, Interim
¢`
County Administrator o
P.O. Box 426 i
Chatham, Virginia 24531 Y O N
e -mail: dsleeper @pittgov.org 1767' /
To: Otis S. Hawker, Assistant County Administrator
From: Pete Boswell., Chief Animal Control Officer
Date: April 27, 2016 , Subject: Animal Control Activity Report
Phone (434) 432 -7710
Fax (434) 432 -7714
Gretna /Hutt (434) 656 -6211
During the period of April 27, 2016_, through April 27, 2016_, the Animal Control Officers responded
to calls;293 and 105 follow up calls as per Pete Boswell, Chief Animal Control Officer, resulting in the
following:
Description
Number
Remarks
Animals taken into custody:
68
Dogs
38
Cats
25
Other
5
2- OPOSSUMS - - - - -1 deer- - - - - -- 2 pythons
Animals on hand at month end
18
Animals dispatched
7
6 do s- 2 due to illness.
Licenses checked
47
Court cases
11
Summons
10
Animals Adopted
0
Animals returned to owners
10
Cats taken to the Humane Society
25
Animals Transferred
20
8 -FCHS 8 MHSPCA 2 §p 2 DAHS
Injured animals picked up
4
3 dos 1 deer
Animals found in traps
20
Exposures: Human /Saliva
0
Exposures: Dogs/Cats/Wildlife
0
Dog Bites
3
Cat Bites
0
Cruelty Checks
3
Well -being Checks
I 1
Cat/Dog Fights
3
Investigated killings by dogs/cats
1
Investigate killings by Coyotes
0
If you have any questions concerning this, please do not hesitate to contact me.
P227
PITTSYLVANIA COUNTY
VIRGINIA
�S SYLV9
q�
Otis Hawker, Interim 9 Phone 434 432 -7710
County Administrator o ( )
a arl Fax (434) 432 -7714
P.O. Box 426
t O z Gretna /Hurt (434) 656 -6211
Chatham, Virginia 24531 `P
e -mail: dsleeper @pittgov.org 1767
MEMORANDUM
To: Otis S. Hawker, Assistant County Administrator
From: Pete Boswell., Chief Animal Control Officer
Date: April 27, 2016
Subject: Conservators of the Peace
Solid Waste Monitoring Report
The Animal Control Officers whom have been appointed to the position of Conservators of the Peace
monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer,
for the period of April 1 through, April 27,2016
Description
Number
Remarks
5 hrs
Total hours monitored
33
Vehicles entering sites
6
Vehicles checked
0
Summons' issued
0
Court Cases
0
Convictions
If you have any questions concerning this, please do not hesitate to contact me.
P228
O
c
w
V�
O u
t
Oa
xzo
o°
°o
Fwv9
00
p
a
<
r-
M
�
5
i
z
a
Q
y
c
HZ
Z
wFO'
W
•,
Z
w
a`; 'I
r €
E
r a
1s F
a
a �
ICS173 VA ' we41e4O
9Zb xo8 Od
Alunoo alloueoa
AepuoW aauejulo
aolealslulwpy Alunoo
a�
I
000n 'ON t7Wa3d 9ztoZ )O'uol5ulgseM
061OZ OW 'Nd13H1nOS NOISSI W WOJ AHOIVI[193N
algid ivtsod s'n A9N3N3 7tlN303d
irvW SSIM iSa7J
C O O O L OE C L O O
0 m m «— E- E -Ho
0
oaW a> .s2 UOO
— =aaiam
C m . tll L U cp m L N c
r.-
0 Y a O N C O m O> m (n 3
C O. m .« m m O O .� w
0 C m 3>0>E=% E m L O QJ C va
0 0 `N, ,U N
� T 0 L o c 3 0 3 0 o a E
CM oo o00 nZ
w 3 m C E m 3
a > C 3 S (_n O m L 2008 0 m F-
C >> O m £
0,6
�a.c a Lu `
E
w 0 ¢ — 0
d m O t O R p� U U 3 C L
:E m U°
2.0 2 C O C a a C a O w U L N
N O L C« C
M m E C
WOmaa¢Ya"=0 0�''>C 3E
z mwm °w m ao_E o�3.90
>L, N O O i6 8 a= _0 C m
O m U T W = _� L 0 «O
m N m 0 f)
33 L
p a U N
-5.2
co O U ga
O Nc N Y U O .N L Y C) (
U
°¢ `° m ama o
CLm =.La`mw >c J0
O O W �U aLL O UO
Z�LLU ° °-:-° m} ° 3 m° o 0
w° m
¢ CL
aci °c' LLL NamN
O N O n
�LL acn
E�Uaai e tco2Eci
O �o0 °c] 0m_ -E,
a0i o c w .o a a 3 3 0
U d N t6 C) N -° h C d C a
O0 E >h¢C? m��2os°i
P229
O � c
W
0
m « N
d'm
d a
> N E
E
U ? ET U —
0 N N N.0 G -
3U 0 0
m c E 0
N U O a
01 C
E o - U > U
m 0 o 0 0 0 a c m
°- U .L.. a m m 0 E
N
LL cLL
o a` O o
> > 0 5 0 >
mU a—ai o
CL c _m n Et¢'�"o
C O Q d O d LL E m
m E 0 3 0 0 0 L
a w
O ... ._. L r N O d.
C) �>i
a A 3'm
U1 C
C'
� N
W D
m p
d @
—a
> .N
c n
�p N
a
o
O se
d
3 m
w m
O o U
N
U 'O
0 a 0
U m£
e$
�js
�
5
i
a
a �
ICS173 VA ' we41e4O
9Zb xo8 Od
Alunoo alloueoa
AepuoW aauejulo
aolealslulwpy Alunoo
a�
I
000n 'ON t7Wa3d 9ztoZ )O'uol5ulgseM
061OZ OW 'Nd13H1nOS NOISSI W WOJ AHOIVI[193N
algid ivtsod s'n A9N3N3 7tlN303d
irvW SSIM iSa7J
C O O O L OE C L O O
0 m m «— E- E -Ho
0
oaW a> .s2 UOO
— =aaiam
C m . tll L U cp m L N c
r.-
0 Y a O N C O m O> m (n 3
C O. m .« m m O O .� w
0 C m 3>0>E=% E m L O QJ C va
0 0 `N, ,U N
� T 0 L o c 3 0 3 0 o a E
CM oo o00 nZ
w 3 m C E m 3
a > C 3 S (_n O m L 2008 0 m F-
C >> O m £
0,6
�a.c a Lu `
E
w 0 ¢ — 0
d m O t O R p� U U 3 C L
:E m U°
2.0 2 C O C a a C a O w U L N
N O L C« C
M m E C
WOmaa¢Ya"=0 0�''>C 3E
z mwm °w m ao_E o�3.90
>L, N O O i6 8 a= _0 C m
O m U T W = _� L 0 «O
m N m 0 f)
33 L
p a U N
-5.2
co O U ga
O Nc N Y U O .N L Y C) (
U
°¢ `° m ama o
CLm =.La`mw >c J0
O O W �U aLL O UO
Z�LLU ° °-:-° m} ° 3 m° o 0
w° m
¢ CL
aci °c' LLL NamN
O N O n
�LL acn
E�Uaai e tco2Eci
O �o0 °c] 0m_ -E,
a0i o c w .o a a 3 3 0
U d N t6 C) N -° h C d C a
O0 E >h¢C? m��2os°i
P229
O � c
W
0
m « N
d'm
d a
> N E
E
U ? ET U —
0 N N N.0 G -
3U 0 0
m c E 0
N U O a
01 C
E o - U > U
m 0 o 0 0 0 a c m
°- U .L.. a m m 0 E
N
LL cLL
o a` O o
> > 0 5 0 >
mU a—ai o
CL c _m n Et¢'�"o
C O Q d O d LL E m
m E 0 3 0 0 0 L
a w
O ... ._. L r N O d.
C) �>i
a A 3'm
U1 C
C'
� N
W D
m p
d @
—a
> .N
c n
�p N
a
o
O se
d
3 m
w m
O o U
N
U 'O
0 a 0
U m£
m
m
L
m
m
HV w Ct0 �.N-. � O
Q J O_m _ L _ m m C m N TOm O�t6 N
W J w= c ''V °'• O a r U L V7 «� O OI m cm N C y m
po-oa°' tOw°c °rnms m- =m-� m3om$¢LN E c
C R N W> U Q> O a m C l0 a "O L E a' CN W N C -O W L N N 2 N
ova �6 - w �oY ua_E E,.-. --o° pW n «Cc2- o -U is
lCd lE0 O i6 3: rn m ° `-° ° ° W aCi c m � 0:5 S2 v > Lm.• , 7m C °c V a c m
N T O m N 0 �> L> C 00 < N C _..- E W « U r n° t0 E p t7 m _m 0 0 w
N O!T m N td a0 V a O c mo c .O^Ca� m atn �- C d m m
ow �m m.o>.c 'dmd a�dr 6Etc°cami ao.c�N°'itlocLi om m
? > a> 0 iy C m �. 0 . N m N m 'U m 0 a a w N U E n
m a L C m U tLp 0° w L C o m g E C '_' M W o) °" N C = t6 A T C
2 a L m
«'aam jC �C.m..0 OvL UNJ.m` (D aN °tN C�U'N m"c V 0R ~ m°
O lL 'p CW N'M Ca0 �'CNm rNJmm 3LL NOO ROnm m 8z N45 U
3 vmi >v,EL d oQo OL-p oa Oc ma cmim Ga �'Er
4) mE >U- 619 cE.c>o E_om'R °rNCUCN a °'�maE
'> A C> O '-' a s .N..._ 0 p o �+ O E m `m a O C m¢ m a m m U
,O UU Nmm mm0 NN-O dC` >O 9E `� OLL�m C 0a a9m
Rxy tmnca'i3�a�i E> °=mo REmw° mco�Q'�mor' ° omamw
(D E 00 c rV n 0 N (/m 3:.o E a t E p y L 0 N
a C "N : m L Z 2
C C
N O C
> o� 0mm E>:° > a 0 �OOO- 0)C N .
O M
CL ' .
m m N i m N G C R o N m � n a` �- o U N� 0 O o O w
m 0 ._ N 0 m x c x N C a n N m m w . d o m
O> m` -a mCO> a Z m w O
0c «c¢ Er 0u-
O>O ° C m W co
° O cO o . p a
w
C 0 j W j W N o d CL N m o V° > G
C C m m m O U WC Y y
C « o m m N N N N N E N y J 3 C 0 N C Q o w V m y O 0 3: LLI mmm aE TL °0 0 Ndo QE E y�NC j 'Lu op N
w m m
; a m F W mv U -'a c _a E y C
o d " LL i ° N ° 02 m
=N
E W° mmrn °caWc 0 co Na m at ° c ° 7.5 o c U s .o E m - O " o m m .- a 'm E
T «° >O ° z CL «~ a<:5 IL g_6a j2 o i
0 mU :: w LLcm TO °a 0
c O y t m c E o m d oc° m T
m C y > 0
w c c
ol o o J o o a m 0- L3 C O N U
. W n m O V '° > E 'm o n
N W N 6
TNCm� z �dmm2' Oc5 EC, o
Na E4) O aX0m•-
°
m ^•' c m W �y �
rn m aa m o -a � 0 t m �C
o a o >E d3
. Y
U C tErnN p
U w N onE E zE E ¢� .o>oa a0Zo pv m° W�cw > m
m o cn =S c«Z?
W W c °> c �� i
E w 0> ¢ O OMo
J 0 Z R 2 co W y N o
N° ci N C H Z y M m W 15 O W O °C W O
2 cc aWO 0 o 00 2 c p Oa mm a 0 SN O F Go) O)
o z m 2ER :2 10 vzmu_ m m N oo
11 - 0>j2 W o o
m amco N 75 -.o ` 0 �om Oa CZ o Nmp m nvmac CaN C c t W m CW a c O .
d d C ° N N 6 a ,N CW «o c m tp« nj
O ga. y > 0 arn o m m. L a° G C 2 o N N m m E 9
0.
c o E E m m v Ca o 3 m c
m L 0 0 0) pp i Q
CL 0' '3: CFL c 3n ¢cW L_ 3 m$c NW
P230
PITTSYLVANIA COUNTY CODE COMPLIANCE
MONTHLY REPORT & FEES
April 2016
TYPES OF PERMITS
81
BUILDING PERMIT FEES COLLECTED
$6,846.37
81
LEVY COLLECTED
$137.17
0
SUBDIVISION FEES COLLECTED
$0.00
28
ZONING PERMIT FEES COLLECTED
$135.00
0
REINSPECTION FEES COLLECTED
$0.00
28
LAND DISTURBING FEES COLLECTED
$135.00
218
TOTAL FEES COLLECTED
$7,253.54
MONTHLY BUILDING VALUES
0
NEW DWELLINGS
$0.00
4
MOBILE HOMES /OFFICE TRAILERS
39,000.00
2
DOUBLE -WIDE MOBILE HOMES
136,000.00
4
MODULAR
609,570.00
9
COMMERCIAL CONSTRUCTION
487,181.00
62
MISCELLANEOUS
623,622.00
81
TOTAL
$1,895,373.00
NONTAXABLE: $98,230.00
$9,833,814.00
MONTHLY ACTIVITY REPORT
(NUMBER OF BUILDING INS
NUMBER OF REJECTIONS OF WORK
BER OF E & S INSPECTIONS
UMBER OF MILES INSPECTORS TRAVELED
MONTHLY ZONING FEES
42
45
4,120
1
REZONING FEES COLLECTED
$180.93
0
SPECIAL USE PERMIT FEES COLLECTED
0.00
0
VARIANCE & APPEAL FEES COLLECTED
0.00
0
APPEALS
0.00
1
TOTAL
$180.93
Respectfully Submitted,
AL 1�,"
Odie H. Shelton, Jr.
Director of Code Compliance/
Zoning Administrator
P231
ADJOURNMENT
P232