CHAPTER 11
An Act to amend and reenact §§ 3.01, 7.03, as amended, and 7.05, as amended, of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to voting precincts; human resources department; fire department.
[S 618]
Approved March 8, 2024
Be it enacted by the General Assembly of Virginia:
1. That §§ 3.01, 7.03, as amended, and 7.05, as amended, of Chapter 542 of the Acts of Assembly of 1990 are amended and reenacted as follows:
§ 3.01. Voting precincts.
The city shall be geographically divided into four
five voting precincts, the boundaries of which are set forth in the office
of the register of deeds for the city as shall have been approved by the U.S.
Department of Justice and the appropriate agencies of the Commonwealth of
Virginia and a fifth central absentee voter election district situate at
City Hall to receive, count and record all absentee ballots within the city for
all elections; local, state and federal. City council may by ordinance
designate the voting place within each voting district and may from time to
time change such voting place by amendment of the ordinance.
§ 7.03. Personnel Human resources department.
A. Generally. There shall be a personnel human
resources department which shall consist of the personnel director,
Director of Human Resources and such employees as may be provided for by
the council. Until the city council for the City of Bristol, Virginia, shall,
by written resolution, direct that the office of personnel director shall be
otherwise filled, the city manager shall serve as personnel director
funded within the budget.
B. Powers and duties of the personnel director
Director of Human Resources. The personnel director Director of
Human Resources shall have the following powers and duties:
1. To formulate and propose a comprehensive personnel policy to the city council for adoption, and as the need may arise, to propose to the council amendments, additions and deletions to the comprehensive personnel policy, and to oversee and enforce the uniform application of the personnel policy to all the employees of the city. Nothing in this charter, nor in any policy manual promulgated pursuant to this charter, nor in any ordinance or act of the council of the City of Bristol, Virginia, shall be construed to create any contractual relationship between the City of Bristol, Virginia, and any of its employees or agents. The comprehensive personnel policy adopted pursuant to this provision shall not be a contract with the employees of the city and so may be amended from time to time as the needs of the city may require, no rights being vested in any city employee by virtue of this section or any policy adopted pursuant thereto.
2. To, with the cooperation of each department head, formulate and promulgate standard operating procedures in addition to a comprehensive personnel policy that may be needed and applicable to the individual departments and the employees thereof as such requirements may exist and submit to the council for adoption and from time to time for amendment.
3. To oversee and aid each department head in the formulation and promulgation of competitive examinations for all original appointments to department jobs and for promotions within each department to provide for the hiring and promotion of the best qualified personnel available to the city.
4. To oversee the maintenance by each department of a list of eligible employees based upon examination and other hiring criteria for each department and to promulgate regulations to assure that such lists are kept current, that all vacancies are well publicized and that the best possible employees of the City of Bristol, Virginia, be hired for each such vacancy.
5. To formulate and recommend to the council for adoption such additions, deletions, and amendments of the current city pay plan covering all employees of the city as may from time to time be advisable.
6. To direct and enforce the maintenance by all departments,
boards, commissions, offices and agencies of the city of such personnel records
of employees of such departments, boards, etc., as the personnel director
Director of Human Resources shall prescribe.
7. To establish a temporary employment list for filling positions which are temporarily vacant.
8. To oversee and advise the department heads in the promulgation of a systematic program of in-service training for all employees qualifying them for advancement in the service of the city.
9. To oversee and enforce the operation of an employee grievance procedure in accordance with the laws of the Commonwealth.
10. To investigate any and all matters relating to conditions
of employment in the service of the city and to make at least annually a
report of his findings to the council.
11. To oversee and advise department heads in all cases of adverse employment decisions before any disciplinary actions are taken.
12. Such other powers and duties as may be assigned him
to the Director of Human Resources from time to time by council
the City Manager.
§ 7.05. Fire department.
A. Generally. The fire department shall consist of the fire chief and such other officers and employees of such ranks and grades as may be established by council. The fire department shall be responsible for the protection from fire, of life and property within the city.
The fire department shall also operate and be responsible for the operation of the hazardous material response team which shall implement the hazardous materials response plan developed by the city in accordance with general laws of the Commonwealth and local laws and regulations.
B. Powers and duties of the fire chief. The head of the fire
department shall be the fire chief. Under the supervision of the city manager,
he shall be in direct command of the fire department. He shall assign all
members of the department to their respective posts, shifts, details and
duties. He shall, with the approval of the city manager, make rules and
regulations in conformity with this charter and the ordinances of the city
concerning the operation of the department, the conduct of officers and employees
thereof, their uniforms, equipment and training and the penalties to be imposed
for infractions of such rules and regulations. The fire chief shall be
responsible for the efficiency, discipline and good conduct of the department.
Orders of the city manager relating to the fire department shall be transmitted
in all cases to the fire chief or in his absence from the city or incapacity,
through an officer of the department designated as acting chief by the city
manager. Disobedience of the lawful commands of the fire chief or violation of
the rules and regulations made by him with the approval of the director
Director of the Personnel Department Human Resources shall be
grounds for removal or other disciplinary action as provided in such rules and
regulations.
C. Fire prevention. Fire prevention shall be the duty of the fire
chief to secure the enforcement of all laws and ordinances relating to fire
prevention and fire safety and to issue from time to time regulations having
the force of law for the purpose of implementing such laws and ordinances. The
penalty for violation of such rules and regulations shall be as provided for by
ordinance. The fire chief may assign this duty to a fire inspector
official.