Sec. 14-118. - Creation and membership.

There is hereby created a personnel appeals committee which shall consist of eight (8) persons appointed by the governing body of the Town of Chapel Hill. Each member of the personnel appeals committee shall be a citizen of the town. No town employee or officer shall be eligible to serve on the personnel appeals committee.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1; Ord. No. 87-10-26/O-3, § 1)

Sec. 14-119. - Terms of office.

Members of the personnel appeals committee shall serve for a term of three (3) years, in accord with council procedures.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-120. - Members to serve without compensation.

Members of the personnel appeals committee shall serve without compensation, except for reimbursement for travel and expenses, in accordance with town policy.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-121. - Vacancies on the personnel appeals committee.

Vacancies on the personnel appeals committee shall be filled in accord with council procedures.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-122. - Secretary to the committee.

The town clerk, the human resources director, or another employee designated by the manager shall serve ex-officio as secretary to the committee, and shall perform such duties as the committee may direct.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2001-11-26/O-5, § 2)

Sec. 14-123. - Removal of members.

Members of the personnel appeals committee may be removed by the town council only for cause, and after being given a written statement of the charge against the member, and a public hearing thereon if so requested.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-124. - Purpose of committee.

The committee shall:

(a)

Conduct grievance and appeal hearings and render advisory opinions to the manager.

(b)

Develop and maintain adequate records of all its proceedings, findings, and recommendations.

(c)

Inform the employee(s) and the manager in writing of its findings and recommendations in all cases referred to it.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-125. - Chair of the personnel appeals committee.

At the first meeting of the personnel appeals committee after the appointment of new members, the committee shall elect one (1) of its members as chairperson for a term of one (1) year to preside at all meetings, and to be responsible for communicating the recommendations of the committee following the hearing. Or, if the committee so desires, the role of chairperson of the committee may be rotated among committee members.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-126. - Meetings of the committee.

Meetings shall be held by the committee as necessary to complete its investigation, hearing, and report on all matters coming before it, but the committee shall not be required to hold regular meetings.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-127. - Quorum.

Four (4) members of the personnel appeals committee shall constitute a quorum; the employee may request up to five (5) members to hear the grievance.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-128. - Representation before personnel appeals committee.

In any proceeding before the personnel appeals committee, the employee may be represented by any person of the employee's choice, including another employee of the town; save that no employee shall be represented by a town supervisor in the same department as the employee involved in the proceeding.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-129. - Procedure before the committee.

The procedure for conducting hearings by the personnel appeals committee shall be governed by uniform procedures established from time to time by the town council with such supplemental rules as the committee may adopt, not inconsistent with the Town Code or the procedures established by the council.

Rules the committee may adopt include, but are not limited to:

(a)

Rules establishing reasonable time limitations on the presentations by parties to a grievance proceeding;

(b)

Rules establishing reasonable time limitations on examination and cross-examination of witnesses.

Such may be established by the committee by general policies and may be modified or supplemental where appropriate on a case by case basis.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1; Ord. No. 95-1-23/0-1, § 1)

Sec. 14-130. - Procedure and authority.

The personnel appeals committee shall, within fourteen (14) days after the action has been referred to it, schedule a hearing and shall have all powers necessary to complete investigation of the action taken, including the power to call and examine witnesses and papers. The human resources director or the committee may provide that a grievance hearing, or portion thereof, be conducted in executive session to the minimum extent necessary to protect the confidentiality of personnel records and consistent with the N.C. Personnel Records Privacy Act (N.C.G.S. 160A-168). Except as authorized above, such hearings shall be held in public sessions. The committee may conduct its deliberations in executive session, and shall do so if necessary to comply with laws. Within fourteen (14) days after the conclusion of the hearing, the committee shall inform the employee(s) and the manager in writing of its findings and recommendations.

After receiving the recommendation of the hearing panel of the personnel appeals committee, the town manager shall investigate the case, consider the recommendation of the committee and within fourteen (14) days transmit in writing to the employee(s) and to the mayor and members of the council the recommendation of the committee, and the manager's decision, which shall be final. In the event the recommendation of the personnel appeals committee is not followed, the manager shall state in writing the reasons why the recommendation was not followed.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. O-82-51, § 1, 7-6-82; Ord. No. 87-5-26/O-7, § 1; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2001-11-26/O-5, § 2; Ord. No. 2001-11-26/O-4, § 4)