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<br />GO <br />....J <br /> <br />TUESDAY <br /> <br />JANUARY 9, 1979 <br /> <br />Sec. 9-5 Grievability <br /> <br />Decisions regarding whether or not a matter is grievable shall be <br />made by the City Manager at the request of a grievant or supervisor <br />and such decision shall be made within ten (10) working days of <br />such request. The determination of grievability shall be made <br />before the grievance proceeds to the second step. Decisions of the <br />City Manager may be appealed by the grievant to the Circuit Court <br />for a new hearing on the issue of grievability. Proceedings for <br />review of the decision of the City Manager shall be instituted by <br />filing a notice of appeal with the City Manager within ten (10) <br />working days after the date of the decision and giving a copy <br />thereof to all other parties. Within ten (10) working days <br />thereafter, the City Manager shall transmit to the Clerk of the <br />Court a copy of the decision of the City Manager, a copy of the <br />notice of appeal, and the exhibits. The failure of the City <br />Manager to transmit the record within the time allowed shall not <br />prejudice the rights of the grievant. The court, on motion of the <br />grievant, may issue a writ of certiorari requiring the City Manager <br />to transmit the record on or before a certain date as provided in <br />Section 2.l-ll4.5:lE, Code of Virginia. The court may affirm the <br />decision of the City Manager or may reverse or modify the decision. <br /> <br />The classification of a complaint as non-grievable shall not be <br />construed to restrict any employee's right to seek or management's <br />right to provide customary administrative review of complaints <br />outside the scope of the grievance procedure. <br /> <br />Sec. 9-6 Policy <br /> <br />All stages of the grievance beyond the first step shall be in writing <br />on forms supplied by the City Manager. Beyond the first step both <br />the grievant and the respondent may call upon appropriate witnesses <br />and be represented by legal counselor other persons as provided in <br />this procedure. The grievant must bear any cost involved in employing <br />representation or in preparing or presenting his/her case. <br /> <br />Once an employee reduces his/her grievance to writing he/she must <br />specify on the appropriate form the specific relief he/she expects <br />to obtain through use of this procedure. <br /> <br />Failure by the grievant to comply with all substantial procedural <br />requirements of the grievance procedure will terminate the right to <br />further appeal. <br /> <br />Failure of the respondent to comply with all substantial procedural <br />requirements of the grievance procedure will, at the option of the <br />grievant, advance the grievant to the next step in the grievance <br />resolution process. Failure of the respondent to comply with all <br />substantial procedural requirements of the final step of the grievance <br />procedure shall result in a decision in favor of the grievant. <br />