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HomeMy WebLinkAbout94-35ORDINANCE N0. 94-35 • Ordinance Awarding Certificates of Public Convenience and Necessity for Taxicab Operations for Calendar Year 1995 ADOPTED: December 6, 1994 r ~ LJ ORDINANCE NO. 94-3 5 ORDINANCE AWARDING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXICAB OPERATIONS FOR CALENDAR YEAR 1995 WHEREAS, the Town of Pulaski properly advertised for applications to provide taxicab service in the Town of Pulaski, Virginia, during calendar year 1995; and WHEREAS, the Town Council received applications from Blue and White Cabs, Inc. and James Edward Aust t/a Jim Dandy Taxicab Service; and WHEREAS, pursuant to proper notice, a public hearing was held on December 6, 1994 to determine the number of certificates of Public Convenience and Necessity which should be issued and to determine which applicants, if any, should be awarded such certificates. NOW, THEREFORE, be it Ordained by the Council of the Town of Pulaski, Virginia, sitting in regular session on December 6, 1994, that • 1. A total of 24 certificates of Public Convenience and Necessity are needed to provide proper taxicab service in the Town of Pulaski, Virginia in the calendar year 1995; 2. The Certificates are hereby distributed as follows: Blue and White Cabs, Inc. 12 Jim Dandy Taxi Cab Service (Jim Edward Aust) 12 3. The aforesaid Certificates of Public Convenience and Necessity are issued on the following conditions: a. The Certificates are not transferable without the prior consent of the Town Council, and will be void upon purported transfer. A sale or transfer of a majority portion of the stock of a corporate certificate holder will be deemed a transfer of the certificates and subject to the same limitations. b. These certificates are valid until December 31, 1995 unless sooner suspended or revoked by the Town Council. c. Each operator must maintain a terminal or taxicab stand in the Town of Pulaski with parking for all vehicles and a waiting room for customers with public • restroom facilities. 290 • d. The aforesaid waiting room, restroom facilities, and all vehicles must be maintained in a clean and sanitary condition. e. Each operator must see that its drivers are neat and clean in appearance and personal hygiene. f. All inoperable vehicles must be stored within a completely enclosed building. g. The outside storage of parts, tires, batteries, and other equipment is prohibited. h. No later than ten (10) days after purchase, all vehicles of each taxicab company must be painted in uniform colors so that the cabs of such company are easily identifiable as belonging to that particular cab company. The colors are to be approved by the Town in advance so that there will be no conflict between the colors used by different companies. i. All personal property taxes, business license taxes, and monies of any kind due and owing to the Town of Pulaski, Virginia must be paid in full when due. Any such taxes or monies which are currently past due must be paid in full prior to the issuance of these certificates, unless otherwise agreed by the Town. . j. Federal, state and local laws must be complied with at all times while the certificates are in effect. k. Any certificate will be void if the operator ceases or refuses to furnish service to the public during the year. 4. Failure of a certificate holder to abide by the above conditions will be grounds for suspension or revocation of the Certificate of Public Convenience and Necessity by the Town. 5. The Town Council reserves the right to suspend, revoke, or modify the Certificates of Public Convenience and Necessity for any good cause shown. The Council will be the sole determiner of what constitutes good cause. This Ordinance is adopted this 6th day of December, 1994 by duly recorded vote of the Town Council as follows: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Ave John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger -- y~ Alma H. Holston _ Aye • W. H. Schrader, Jr. - dye E. G. Black, Jr. - ~ yi e 291 BY: Andrew L. Graham, Jr. Mayor ATTEST: Patricia Pendergrast Acting Clerk of Council a:taxicab • • 292 I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, do hereby certify that the foregoing Ordinance No. 94-35 is a true and correct copy of the ordinance set out and adopted by the recorded vote of the Town Council on December 6, 1994. ~~ Ru A. Harrell, Clerk of Council • • Ordinance No. 94-37 • Amending the Harassment Policy of the Town's Personnel Procedures and policies Manual ADOPTED: December 6, 1994 Effective: December 6, 1994 • 292 • • • Ordinance No. - 94-37 ORDINANCE A1VIENDTNG THE T~AItASSMENT POLICY OF THE TOWN`S PERSONNEL POLICIES AND PROCDURES MANUAL BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on December 6, 1994, that the Harassment Policy of the Town Personnel Policy and Procedures Manual be amended to the foc•m attached hereto. The Town Administration is authorized to number and make nansubstant'rve clerical changes to the Palicy to promote reorganization ofthe manual. This Ordinance is effective as of December 6, 1994, and is adapted by duly recorded vote of the Town Council on December 6, 1994 as follows: John A. Johnston Aye John W, Stone "~"ye'- Ray H. D'Ardenne, Jr. ~- W. H. Schrader, Jr. ~- ATTEST W. Edgar Hale Aye E. G. Black, Jr. y~_ Alrna Holston y~^ Bettye H. Steger Yom? gy ~i ANDREW L. GRAHAM, Mayor Patricia Pendergrast Acting Clerk of Council z~'a r 1 E G- ~ e - ~? sl M L~ t -1 1 ~a 2 6 T E R 1 J S L L I G E R • U (DRAFT' RECOMIVIENDED BY HUMAN RESOURCE FOR COUNCIL APPROVAl~. NOT YET APPROVED.} REVISION 1Z/01/94 SUCiJECT: POLICY CONCERNING HARASSMENT PURPOSES: 1. To confirm th® Town's policy prohibiting all forms of harassment. 2, To define procedure for reporting harassment, 3. To establish guidelines far administration of discipline. DEFiNtTIQN: P _ ~ 2 Harassment is unwarranted and unwanted verbs! or nonverbal conduct which threatens, intimidates, posters, annoys, or insults another person, where such conduct has the purpose or effect of creating an offensive, intimidating, degrading, or hostile environment, ar interteres with or adversely affects a person's work performance or opportunities. Harassment includes but is not limited to verbs! or physical conduct that belittles or shows hostility or aversion toward an individual because of hislher race, rotor, religion, gender, national origin, ag®, ar disability, or that of his/her relatives, friends, ar associates, and that has the purpose ar effect of creating an offensive, intimidating, degrading, or hostile environment, cr interferes with or adversely affects a person's work performance or opportunities. Sexual harassment also includes but is not limited to unwelcome sexual advances, requests far sexual favors and other verbal or physical advances of a sexual nature. It is Town policy to fully support enforcement of State and Federal anti-discrimination laws which provide that sexual harassment is prohibited where {~!) Submission to such conduct is made either explicitly or implicitly a term of condition of employment; (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or (3} Such conduct has the purpose or effect of interfQring with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Harassrent does not include the conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands or other supervisory actions intended to promote positive performance. • Harrassment Policy Page 1 ~sy 12/05/94 11:30 )GRAFT: Revision 12/01194 TX/RX N0.0584 P.002 r~~c- ^•-"'ter • • ~- _~a rhara i ~~ 27 STATEMENT OF POLICY: T E R W S L L S G E R P - E~ 3 It is the policy of the Town that harassment of any type will not be tolerated, All employees are prohibited from engaging in the harassment of any other emplayee or ether person in the course of or in connection with employment, The desired standard of Town employee behavior is one of cooperation and respect for each other, despite eny Differences. Supervisors are prohibited from dating any subordinates whom they supervise, appoint, remove, discipline, evaluate, or audit, or the immediate relatives or household members of such subordinates. No adverse actions against employees who make good faith complaints under this policy will be tolerated. ©ISCUSSION: Intentional harassment will be deemed willful misconduct. Employees also are expected to refrain from conduct that unintentionally may give offense to other employees ar the public. It is not at aU uncommon or unreasonable for individuals to take offense from comments ar remarks which were not intended by the speaker to be offensive. Jokes, cartoons, and photographs involving sex, religion, race, age, or handicaps can be highly offensive to other employees and should not be part of the workplace. Supervisors are held to a higher standard than nonsupervssory personnel. They are expect®d not only to refrain from offensive conduct themselves, taut also to protect their subordinates from the actions of coworkers and the public, Th® Town has no desire to meddle in the private fives of its employees. However, supervisorlsubordinate personal relationships are a common cause of claims of sexual harassment by both the involved subordinate and non-involved subordinates. The Town's rule against supervisorlsubordinate dating is intended to protect bath the Town and the supervisor. It is difficult far the Town and the supervisor to refute charges from the subordinate at a later time that the relationsh'sp was nonconsensual. Additionally, other subordinates of the supervisor often wilt perceive that the involved subordinate will receive special treatment by reason of a romantic relationship, This can result in resentment and dissatisfaction in the workplace and the creation of an offensive environment, whether or not such perceptions are shown to be true later. The Town recognizes that its employees are adults and that the dating of fellow employees and their relatives may be expected, Since the employer interest is minimal unless supervisors are involved, the Town's ban does not apply unless a supervisory relationship exists. Employees are cautioned that this may include supervisors with Harrassment Policy Pale 2 Z S~~ 12/05/94 11:30 DR10.~'T: Revision 12/41/94 TX/RX iV0.0584 P.003 ZlE C:-~- ~- =!4 f~3Ctt-1 1 0 ~ 2~ TERW S L L S GAR ~' - ~4 • subordinates within the same department even if they only occasionally have direct supervisory activity involving the subordinate. PROCEDUf~E: Dependent on the facts, it may b® the right of an employee to seek, at any time, redress by State or Federal agencies or through a court of law; however, employees are encouraged to exhaust the Town's Administrative remedies before consulting outside agencies. 1. In any case in which the supervisor is witness to ar confronted with a situation of harassment, the supervisor shall immediately notify the offending party that harassment is not appropriate and will not be tolerated, lJltimate disciplinary action wilt await completion of the reporting procedure. 2. An emptoye8 subjected to ar witnESSing any form of harassment should report such activity to the offending individual's non-involved supervisor, department head, Personn®{ Officer, or directly to the Town Manager. employees who have been subjected to harassment by persons not affil'sated with the Town should report the harassment. While the Town mey not be able to discipline the offend®r, there may be other methods available to deal with the problem or to minimise th® chance of recurrence. • 3. A supervisor is required to report harassment cases to hislher Department Head, who, in tum, is required to report the matter to the Personnel Officer. Such reports to superiors and to the P®rsonnel Officer are to be made regardless of how knowledge of the Casa was acquired. 4. The Personnel Officer shall forward any reports of harassment to the Town Manager upon receipt. The Town Manager may direct the Personnel Qfficer or any other employee of the Town to assist in any investigation. S. in matters aleged to have been committed by a Town employee below Department Wend level, the alleged offender's Department Mead usually will lead any investigation and submit to the Personnel Officer and Manager a report setting forth the facts of the case and either a recitation of the disciplinary action planned by the Department Head or a recommendation for action to be taken by the Manager. sa. The initial disciplinary action usually wit! be the responsibility of the Department Head having supervisory responsibility over the offending employee, unless the Town Manager determines that the incident is so serious that the Town Manager should intervene. • Harrassment Policy Page 3 DRAFT: Revision 12!41!94 LSD 12/05/94 11:30 TX/1RX N0.0584 P.004 r i E ~; -•- ~: -~ 4 M O N 1 ~~ 2 S T E R lJ I L L I G~ R • • P _ E-~ S 7. If the offense is alleged to have been committed by a Department Head, the Assistant Town Manager, or Personnel Officer, the emplayee may complain directly to the Taws Manager, who will direct the manner in which the charge is to be investigated. Far disciplinary action less than termination, the Tawn Manager wilt take the action. Where the Manager deems termination appropriate, a report and recommendation wilt be made to the Town Council or the Human Resources Committee thereof. 8. tf the offense is alleged to have been committed by the Town Manager, sn appointee of the Council who is not a regular Town employee, or by a Council member, an employee may complain to any of the following persons, who should forward it to the Council: the Tawn Manager, Town Attorney, the Mayor, or the Chair of the Human Resources Committee of the Council. The incident will be investigated under the direction of the Town Council, which will take such action as it deems appropriate. 9, When finalized, the results of any investigation and the nature of any disciplinary action will be cammunicated to both the complainant and the offender. tf appropriate, corrective measures may be implemented to minimize the tiketihaod of similar instances in the future, 10. Any involved employee covered by the Tawn's grievance procedure may appeal the decision through the normal grievance procedure if it is felt the findings were incorrect or that the disciplinary action andJor corrective measures were inappropriate. D1SCfPLtNARY AGTtON; An er,~ployee who violates this pa(icy or otherwise harass®s another employee or member of the public may be subject to the full range of disciplinary action, including discharge. Whether or not disciplinary action is imposed, any action ar inaction of an emplayee which fosters a hostile environment may be the basis for an unfavorable performance evaluation. • Harrassment Polipy Pa~,e 4 L 9? 12/05/94 11:30 DRAFT; ReviSipn 12/01/94 TX/RX IV0.0584 P.005 1_IEC~.- 5--~4 ML1N 1 0 2•_~ TER4J I LL I GER }' - ~~ • Ordinance No. - 44-37 ORAINANC)E AMEN]a1NCr THE ~IAItASSMENT PO~.ICY OI~ THE TOWN'S PI/RSONNEL FOLICIES AND PRQGDURES MANUAL BE IT ~RDAIIVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on becember 6, 1994, that the Harassment Policy of the Tawn Personnel Policy and Procedures Manual be amended to the form attached hereto. The'Fown Administration is authorized to number and make nonsubstantive clerical changes to the Fahey to promote reorganization of the manual. This Ordinance is effective as of December 6, 1994, and is adopted by duly recorded vote of the Town Council on becember 6, I994 as fol[ows~ John A..lohnston ~ W. Edgar Nafe Jahn W, Stone E. G. Black, Jr. Roy H. D`Ardenne, Jr. Afrna Holston W. H. Schrader, Jr. Bettye H. Steger • • ATTEST Ruth Harrell Cterlr of Council ey ANDREW L. GRAHAM, Mayor ~~~ 12/05/94 11:30 TX/RX N0.0584 P.oos ~ I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, do hereby certify that the foregoing Ordinance No. 94-37 is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on December 6, 1994. ~~ ~ ~~~~ .Ruth A. Harrell, Clerk of Council • L_J