Page 103 - Employee Handbook 1-2015 rev9

hearing will be held no later than 30 days after the employee's request, for the purpose of a final
grievance hearing. The employee shall be advised in writing of the charges against him/her. An
employee may be represented by legal counsel or any other person of his/her choice. An
employee may present evidence and witnesses and may cross-examine any adverse witnesses.
An employee may have a court reporter present to record the hearing at the employee's expense.
After the hearing, the City Manager shall make the final decision regarding the grievance and
notify the employee in writing of the action taken. The final decision by the City Manager shall
be made within 30 days following the hearing, unless unusual circumstances make compliance
within 30 days impracticable.

The term "City Manager" shall mean either the City Manager, Deputy City Manager, or
an Assistant City Manager duly authorized by the City Manager to act on his/her behalf. If a
hearing is held by the Deputy City Manager or an Assistant City Manager, a report containing
findings of fact and a recommendation is to be prepared for review by the City Manager. The
City Manager shall study the report and consider the recommendations of the Deputy City
Manager or Assistant City Manager holding the hearing, and shall then make the final decision
on the matter.

The staff of the Human Resources Department is available to advise and provide
guidance at any level of the grievance procedure.

U. Reduction in Force

Reduction in force results from changes in programs, cutbacks in funding, outsourcing of
services, or decreased workload. Affected employees will be evaluated for continued
employment on the basis of the needs of the organization, past performance, skills and education
levels and seniority.

Area of Reduction in Force (Layoff). The department head, with approval of the City
Manager, will outline the business reasons that make the reduction in force (RIF) necessary and
shall prepare a rationale. The department head will identify the area of layoff in which a RIF
will occur. The area of RIF may include all or any part of government; a department, a division,
or any organizational or program sub-unit of a department or division. As part of the reduction
in force, the department head or his designee will also develop a plan of action for affected
employees. The plan will include the name, classification title, performance rating, years of
service and a skills/education inventory of all affected employees in the area of the RIF. The
plan will also include a description of: options for placement within the department; options for
placement with an outside agency or firm; and options to be explored with Human Resources for
placement within the City. Copies of these plans will be submitted to the City Manager and
Human Resources Department. The layoff of temporary or part-time employees with or without
benefits and employees under the terms of a time-limited appointment will not be considered a
RIF layoff. In addition, dismissal of employees for job misconduct and/or performance failure
shall not be considered a RIF layoff.

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City of Winston-Salem Employee Handbook (January 2015 Revision)