9.1-502 - Notice of charges; response; election to proceed under grievance procedure of local governing body. - Virginia Statutes

§ 9.1-502. Notice of charges; response; election to proceed under grievanceprocedure of local governing body.

A. Before any dismissal, demotion, suspension without pay or transfer forpunitive reasons may be imposed, the following rights shall be afforded:

1. The law-enforcement officer shall be notified in writing of all charges,the basis therefor, and the action which may be taken;

2. The law-enforcement officer shall be given an opportunity, within areasonable time limit after the date of the written notice provided forabove, to respond orally and in writing to the charges. The time limit shallbe determined by the agency, but in no event shall it be less than fivecalendar days unless agreed to by the law-enforcement officer;

3. In making his response, the law-enforcement officer may be assisted bycounsel at his own expense; and

4. The law-enforcement officer shall be given written notification of hisright to initiate a grievance under the grievance procedure established bythe local governing body pursuant to §§ 15.2-1506 and 15.2-1507. A copy ofthe local governing body's grievance procedure shall be provided to thelaw-enforcement officer upon his request.

B. A law-enforcement officer may proceed under either the local governingbody's grievance procedure or the law-enforcement officer's proceduralguarantees, but not both.

(1978, c. 19, § 2.1-116.4; 1987, c. 461; 2001, c. 844.)