4-30-2024 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR ROBERT M. "BOBBY"DYER,At Large ♦N1AjB �L
VICE MAYOR ROSEMARY WILSON-District 5 oa��'
MICHAEL F.BERLUCCHI-District 3
BARBARA M.HENLEY-District 2 +�
DAYID HUTCHESON-District 1 t�j
ROBERTW. "WORTH"REMICK-District 6 Y
DR.AMEL/A N.ROSS-HAMMOND-District 4
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JEAWFER ROUSE-District 10
JOASHUA F. 'JOASH"SCHULMAN-District 9 °• °"'
CHRIS TAYLOR-District 8
SABRINA D. WOOTEN-District 7
CITY HALL BUILDING 1
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456
CHYATTORNEY-MARKD.STILES PHONE:(757)385-4303
C17YASSESSOR-SUE CUNNINGHAM CITY COUNCIL FAX(757)385-5669
CITY AUDITOR-LYNDONS.REMIAS SPECIAL FORMAL SESSION AGENDA EMAIL:CITYCOUNCILla.VBGOV.COM
C17Y CLERK--AMANDA BARNES
April 30, 2024
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. SPECIAL FORMAL SESSION -Conference Room- 4:00 PNI
A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer
1. READING OF THE MAYOR'S CALL FOR SPECIAL FORMAL SESSION
B. ROLL CALL OF CITY COUNCIL
II. CITY COUNCIL'S BRIEFING
A. FY 2024-25 RESOURCE MANAGEMENT PLAN (BUDGET)
1. NON-DEPARTMENTAL BUDGETS
Kevin Chatellier, Director—Budget&Management Services
III. CITY COUNCIL DISCUSSION 4:30 PM
A. PROPOSED FY 2024-25 RESOURCE MANAGEMENT PLAN (BUDGET)
IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:15 PM
V. SPECIAL FORMAL SESSION - City Council Chamber- 6:00 PM
A. RESOLUTION/ORDINANCE re Collective Bargaining:
(Requested by City Council)
• AUTHORIZE Collective Bargaining
• DECLINE to AUTHORIZE Collective Bargaining and ADD Division 4 to City Code Chapter 2,
Article III re create employee committees to enhance communications among the City
Council,City Manager, and employees of the City regarding the terms and conditions of
employment
B. ADJOURNMENT
**********************************
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please call the CITY CLERK'S OFFICE at 3854303
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participate virtually, must follow the two-step process provided below:
1. Register for the WebEx at:
htti)s://vbgov.webex.com/weblink/register/r831 a6e51 a3f702896630df13ff9af657
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
April 30, 2024.
IA•B�ch•
s City of Vi rgi n i Beach
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virginiabeach.gov
ROBERT.M."BOBBY"DYER MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VIRGINIA 23456-9000
April 25, 2024 CELL:(757)749-4659
bdverCa)vbaov.com
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code, Section 2-21, and by the authority vested in
me as Mayor of the City of Virginia Beach, I hereby call for a SPECL4L FORMAL SESSION
of the VIRGINL4 BEACH CITY COUNCIL:
Tuesday,April 30, 2024, at 4:00 P.M.
City Council Conference Room 2034
Building I -2"d Floor
2401 Courthouse Drive
The purpose of this SPECIAL FORMAL SESSION is to conduct a PUBLIC BRIEFING
regarding the FY2024-25 RESOURCE MANAGEMENT PLAN—Non Departmental Budgets,
CITY COUNCIL DISCUSSION ON PROPOSED FY2024-25 RESOURCE MANAGEMENT
PLAN and Council Comments, as listed in the published agenda.
At 6.00 p.m., the City Council will reconvene in the City Council Chamber to consider
Ordinance/Resolution regarding Collective Bargaining as listed in the published agenda.
If you wish to make comments via WebEx during the meeting,please follow the two-step process
provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/weblink/register/r831 a6e51 a3f702896630df73ff9af657
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.
on April 30, 2024.
This Special Formal Session will be broadcast on Cable TV, virginiabeach-gov and Facebook Live.
Citizens are encouraged to submit their comments to the City Council prior to the Special Formal
Session via email at CiVCouncil(ddvbgov.com.
Sincerely,
oe4
Robert M. Dyer
Mayor
cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Office
Communications Office
SQyN1A..�'C
j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: (1)A Resolution to Authorize Collective Bargaining
(2) An Ordinance Declining to Authorize Collective Bargaining and Adding Division 4 to
Chapter 2, Article III of the City Code to Create Employee Committees to Enhance
Communication Among the City Council, City Manager and Employees of the City Regarding the
Terms and Conditions of Employment
MEETING DATE: April 30, 2024
■ Background: In 2020, the General Assembly amended Virginia Code §40.1-57.2, which
had prohibited collective bargaining by employees of localities, to allow collective bargaining with
specified parameters. The amended code section took effect May 1, 2021. In accordance with
Virginia Code § 40.1-57.2(C), "for any governing body of a county, city, or town that has not
adopted an ordinance or resolution providing for collective bargaining, such governing body shall,
within 120 days of receiving certification from a majority of public employees in a unit considered
by such employees to be appropriate for the purposes of collective bargaining, take a vote to
adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public
employees and any other public employees deemed appropriate by the governing body." IAFF
Local 2924, representing Fire Department and Emergency Medical Services Department
employees, forwarded a letter received February 1, 2024, requesting that the City Council vote to
allow collective bargaining. The IAFF provided certification from a majority of the employees of
the Fire Department and Emergency Medical Services Department, who are considered to be an
appropriate unit for purposes of collective bargaining. Accordingly, the City Council has until May
31, 2024, to vote to adopt or not adopt a resolution or an ordinance to provide for collective
bargaining.
■ Considerations: This agenda items includes two options: a resolution to authorize
collective bargaining, and an ordinance declining to authorize collective bargaining that instead
amends the City Code to create employee committees to enhance communication with the City
Council, the City Manager, and City employees regarding the terms and conditions of
employment. The City Council may vote to approve either the resolution or the ordinance.
■ Public Information: The City Council received several public briefings regarding
collective bargaining, including a presentation regarding the recommendations of the Council-
appointed Collective Bargaining Task Force on February 20. On April 9, the City Council received
public comment on collective bargaining. On April 16, the City Council publicly discussed
collective bargaining. Public information for this agenda item will be provided through the normal
Council Agenda process.
■ Attachments: Resolution to authorize collective bargaining; Ordinance declining to
authorize collective bargaining and creating employee committees
Requested by the City Council
1 A RESOLUTION TO AUTHORIZE COLLECTIVE
2 BARGAINING
3
4 WHEREAS, pursuant to Virginia Code Section 40.1-57.2, IAFF Local 2924,
5 representing the Virginia Beach Fire Department and Emergency Medical Services
6 Department employees, presented a certification requiring that the City Council vote to
7 adopt or not adopt an ordinance authorizing collective bargaining with appropriate units
8 of employees of the City of Virginia Beach;
9
10 WHEREAS, the City Council created a Collective Bargaining Task Force to study
11 and make recommendations to the City Council regarding the number of bargaining units
12 and topics to be included in the scope of bargaining;
13
14 WHEREAS, over the course of approximately half a dozen meetings and work
15 done by the eleven members of the task force, the task force reached a recommendation
16 regarding the number of bargaining units and topics to be included in the scope of
17 bargaining;
18
19 WHEREAS, the City Council greatly appreciates the diligent and thorough work of
20 the task force members and has determined it is in the best interest of the employees
21 and the citizens of the City of Virginia Beach to allow formal bargaining for employees of
22 the City of Virginia Beach.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That City Council desires to authorize collective bargaining for employees of the
28 City of Virginia Beach. In accordance with that desire, the City Council directs the City
29 Attorney's Office to draft an ordinance adding a Division 4 to Chapter 2, Article III of the
30 City Code to establish the required framework, policies and procedures for collective
31 bargaining.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
lt,6,11 .1 j
- /�
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City torney's Office
CA
R-2
March 12, 2024
1 AN ORDINANCE DECLINING TO AUTHORIZE
2 COLLECTIVE BARGAINING AND ADDING DIVISION 4
3 TO CHAPTER 2, ARTICLE III OF THE CITY CODE TO
4 CREATE EMPLOYEE COMMITTEES TO ENHANCE
5 COMMUNICATION AMONG THE CITY COUNCIL,
6 CITY MANAGER AND EMPLOYEES OF THE CITY
7 REGARDING THE TERMS AND CONDITIONS OF
8 EMPLOYMENT
9
10 WHEREAS, pursuant to Virginia Code Section 40.1-57.2, as amended, IAFF Local
11 2924 representing the Virginia Beach Fire Department and Emergency Medical Services
12 Department employees, presented a certification requiring that the City Council vote to
13 adopt or not adopt an ordinance authorizing collective bargaining with appropriate units
14 of employees of the City of Virginia Beach;
15
16 WHEREAS, the City Council desires a collaborative relationship among the City
17 Council, the City Manager and City employees;
18
19 WHEREAS, the City Council has determined it would be in the best interests of
20 the employees and citizens of the City to create formal committees to enhance
21 communication and collaboration between the City Council, the City Manager and City
22 employees;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA, THAT:
26
27 1. The City Council declines at this time to authorize collective bargaining for
28 employees of the City of Virginia Beach;
29
30 2. The Code of the City of Virginia Beach, Virginia is hereby amended and
31 reordained by adding thereto a new Division 4 to Chapter 2, Article III as follows:
32
33 Chapter 2 - ADMINISTRATION
34
35 ARTICLE III. — OFFICERS AND EMPLOYEES GENERALLY
36 ...
37
38 DIVISION 4. — EMPLOYEE RELATIONS COMMITTEE
39
40 Sec. 2-141. Consideration of employee matters.
41
42 It is the policy of the city to consider, regularly and with each annual budget, the
43 wants and needs of both its employees and its citizens concerning public
44 employment matters; and to promote orderly and constructive relationships
45 between the city and its employees, subject to the supreme right of the citizens of
46 the city as exercised through the city council that their government honor
47 guarantees for their health, safety, welfare, and the uninterrupted operations and
48 functions of government. The city manager is directed to precede his or her annual
49 budget recommendation with active attention to those interests as they may bear
50 on compensation, benefits, working conditions, staffing levels and operational
51 efficiency. Upon submitting budget recommendations, the city manager shall also
52 submit a report to the council describing compliance with the obligations
53 prescribed in this division.
54
55 Sec. 2-142. City rights and authority.
56
57 This division shall not be deemed in any way to limit or diminish the authority of
58 the city to manage and direct the operations and activities of the city to the fullest
59 extent authorized and permitted by law. Thus, the city retains exclusive rights
60 including, but not limited to, the rights:
61 (a) to determine the type, location, and scope of work to be performed by city
62 employees, and the manner in which services are to be provided;
63 (b) to direct the work of employees and determine the number of employees to
64 perform any work or service;
65 (c) to hire, promote, transfer, assign, retain, classify and schedule all employees
66 and to suspend, demote, discharge, or take other disciplinary action against
67 employees;
68 (d) to set the salaries and wages of employees and to administer general or
69 specific salary and wage increases, decreases, or other modifications;
70 (e) to relieve employees from duties by layoff or other reduction-in-force due to
71 lack of work, changed working conditions/requirements, budget limitations or
72 for other reasons in the city's reasonable business judgment and not prohibited
73 by law;
74 (f) to introduce new, or different services, methods, equipment, or facilities;
75 (g) to contract for, expand, reduce, sell, transfer, convey, eliminate or change in
76 any way the operations of general government, as well as any department,
77 office or part thereof;
78 (h) to establish and change standards of behavior or performance, staffing levels,
79 job qualifications and Rob descriptions;
80 (i) to determine the kind, type, location and use of city-owned equipment or
81 facilities; provided that the city does not require use or operation of unsafe
82 equipment or the unsafe operation of equipment;
83 Q) to maintain the efficiency and integrity of the operations entrusted to the city;
84 (k) to determine, maintain, and change the manner of execution, frequency, and
85 other matters related to the payment, withholding, and other disposition of
86 wages and salaries as well as the creation, maintenance, and disposition of
87 personnel, pay, and other employment information systems and records;
88 (1) to authorize, modify, and administer benefits related to the Virginia Retirement
89 System established under Virqinia Code and any other retirement programs or
90 systems established or joined to benefit the employees of the city;
2
91 (m)to establish, modify, and administer employment benefits including healthcare,
92 supplemental retirement, and other benefits of employment available to all full-
93 time employees of the city;
94 (n) to determine its tax levies, budgets, and appropriations; and
95 (o) to do all things reasonable and necessary to carry out the mission of the city.
96
97 Sec. 2-143. Rules and regulations of city manager.
98
99 The city manager shall make and promulgate such additional rules and regulations
100 as may be necessary to carry out the policy stated in this division. The city
101 manager may designate an assistant city manager or deputy city manager to
102 perform the duties stated in this division by a written directive which sets forth the
103 reason for the designation.
104
105 Sec. 2-144. Employee committees generally.
106
107 a) The city manager shall arrange for the creation of employee committees to
108 complement the communications described in this division. Only active,
109 regular, full-time employees are eligible to vote for departmental
110 representatives and to serve on such committees. The size, form and tenure
111 of the committees shall be prescribed by the city manager, subject to the
112 minimum standards established herein. The city manager shall establish no
113 fewer than four (4) committees. The city manager shall establish a police
114 committee representing the department of police and a fire/emergency
115 medical services committee representing the fire department and department
116 of emergency medical services. The city manager shall establish an
117 operations committee representing the departments of public works and
118 utilities and may assign additional departments to the operations committee.
119 The city manager shall establish a general employee committee representing
120 the remaining departments of the city and in his or her sole discretion may
121 establish additional committees consistent with this subsection. Committees
122 shall consist of at least three (3) and no more than (12) twelve members.
123 Committees, other than the general employee committee, that represent more
124 than one city department shall include at least one (1) representative from
125 each represented department. For departments with more than four hundred
126 (400) full time employees, such departments shall have a committee member
127 for every two hundred (200) full time employees assigned to the department,
128 with a maximum of four(4) members from that department. The city manager
129 shall conduct elections through a neutral agency.
130 b) Committee member terms shall be for three years. Committee members may
131 be re-elected for one additional three-year term. No committee member may
132 serve more than six years or two terms. The city manager may appoint
133 replacement members for employees who resign from the committee or the
134 city or who are removed from the committee or terminated, pending election
3
135 of a new committee member.
136 c) The committees shall meet with the city manager or his designee, as
137 prescribed in section 2-143 and, in addition, shall be available for further
138 consultation with the city manager or his designee as requested.
139
140 Sec. 2-145. Meetings with employee committees and city manager.
141
142 a) The city manager, or his designee, shall meet with all employees in the
143 various city departments through their appropriate employee committees,
144 to discuss the terms and conditions of employment and matters
145 reasonably related thereto. To facilitate an orderly discussion, all such
146 meetings shall be pursuant to reasonable notice and, as far as practicable,
147 in accordance with a published agenda.
148 b) The city manager shall submit to the council, with his budget
149 recommendations, the agenda, dates, procedures, and employee
150 committee members present for the meetings required by this section, and
151 include a brief summary of matters discussed and his or her reasons for
152 final action: provided, that:
153 1. He or she may initiate means other than the procedures prescribed
154 by this division for communicating with supervisors and managers.
155 2. The city manager shall schedule no less than two (2) meetings per
156 fiscal year with each employee committee.
157 3. Subject to the law and to reasonable rules of order as the city
158 manager may prescribe for such meetings, eligible employees shall
159 be free to speak their minds on the topics without any fear or threat
160 of reprisal.
161 Sec. 2-146 Division does not grant legislative power or authority to collectively
162 bargain.
163
164 Nothing in this division shall ordain any committee, committee member
165 or employee group with legislative power or the authority to negotiate or
166 collectively bargain with the city council or with the city manager or his designee.
167
168 Sec. 2-147. Division not deemed inconsistent with state law required grievance
169 procedures.
170
171 Nothing in this division shall be deemed inconsistent with the employee grievance
172 procedure required by Virginia Code sections 15.2-1506 and 15.2-1507.
173
174 Sec. 2-148. Public safety union representative.
175 The City Manager shall appoint as additional representatives to the police
176 committee established by this division an employee who is eligible to serve on the
177 police committee and who is designated in writing by the president of the Police
178 Benevolent Association and an employee who is eligible to serve on the police
4
179 committee and who is designated in writing by the president of the Virginia Beach
180 Chapter of the Fraternal Order of Police. The City Manager is further directed to
181 appoint as an additional representative to the fire committee established by this
182 division an employee who is eligible to serve on the fire committee and who is
183 designated in writing by the president of the IAFF Local 2924. The appointed
184 representatives shall be in addition to the committee representatives elected in
185 accordance with Section 2-144(a) and shall serve until such time as their
186 respective chapter president shall designate in writing their replacement or they
187 become ineligible to serve on the committee.
188
189 Sec. 2-149. Additional union representatives.
190 Upon the presentation by the president of a labor organization representing
191 nonpublic safety employees of the city of a certification bearing the signatures of
192 no fewer than fifty (50) members of the labor organization who are
193 employees of the city and who are eligible to serve on the operations or general
194 employee committee established by this ordinance, the city manager shall appoint
195 to the appropriate employee committee a labor organization representative
196 identified by the labor organization's certification and who is eligible for
197 membership on employee committees set forth in this ordinance. The labor
198 organization representative shall be in addition to the committee representatives
199 elected in accordance with Section 2-144 (a) and shall serve until such time as
200 their chapter president shall designate in writing their replacement or they become
201 ineligible to serve on the committee.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Atto ney's Office
CA
R-3
April 19, 2024
5