JUNE 14, 2005
MINUTES OF THE BROOKNEAL TOWN COUNCIL

7:00 PM – The regular meeting of the Brookneal Town Council

 

The municipal government of the Town of Brookneal met with the following members present:

 

Phyllis Campbell, Mayor

James Nowlin, Vice Mayor

Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey Council Members

Bill Gillespie, Town Manager

Laurie C. Francis, Clerk/Treasurer

Mike Crews, Public Works Director

Ricky Cousins, Police Chief

 

 

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

APPROVAL OF AGENDA

 

Upon motion by Stacy Hailey seconded by James Nowlin and unanimously carried, Council approved the agenda for the June 14, 2005 regular meeting of the Brookneal Town Council with the following addition: 1) Transfer of funds for educational purpose 2) Equal Employment Opportunity Statement

 

 

MINUTES

 

Upon motion by Kenneth Jennings, seconded by Richard Adams and unanimously carried, Council approved the May 10, 2005 minutes.

 

 

TREASURER’S REPORT

 

The May 2005 Treasurer’s report was filed for audit.

 

 

PRESENTATION AND APPROVAL OF INVOICES

 

Be it resolved that motion was made by James Nowlin, seconded by Meg Tibbs and unanimously carried, authorizing the payment of the invoices for the period of May 10, 2005 to June 13, 2005 in the amount of $11,555.50.

 

 

PUBLIC COMMENT

 

No one from the public appeared for public comment.

 

APPROVAL/DISAPPROVAL OF THE 2005/2006 GENERAL FUND BUDGET AS PRESENTED AND PROPERLY ADVERTISED

On motion of Meg Tibbs, seconded by Richard Adams, the Brookneal Town Council approved the 2005/2006 General Fund Budget as presented and properly advertised totaling $610,600.00.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

 

APPROVAL/DISAPPROVAL OF THE 2005/2006 UTILITY FUND BUDGET AS PRESENTED AND PROPERLY ADVERTISED

On motion of Kenneth Jennings, seconded by Tracy Meisenbach, the Brookneal Town Council approved the 2005/2006 Utility Fund Budget as presented and properly advertised totaling $368,915.00.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

REAPPROPRIATION OF FUNDS TO PAY AMERICAN LEGAL PUBLISHING

On motion from Kenneth Jennings, seconded by Meg Tibbs, Council approved a transfer of appropriation to pay American Legal Publishing for the re-codification of the Brookneal Town Code.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

The motion carried.

 

General Fund

Category ADD New Total

 

Books&Subscriptions -01-1227-5411                                        $1,440.00                      $1,455.19

 

 

DELETE New Total

Recreation - Repairs -01-7104-5407                                          $1,440.00                     $1,107.43

 

Utility Fund

Category ADD New Total

 

Books & Subscriptions - 02-1105-5411                                     $1,440.00                      $1,498.70

 

DELETE New Total

Vehicle Supplies - 02-2302-5408                                                  $720.00                        $1,248.82

W.S. Pump Stations - 02-2302-5807                                             $720.00 $3,960.73

 

 

APPROPRIATION OF FUNDS TO PAY LEGAL EXPENSES

 

On motion from Stacy Hailey, seconded by Tracy Meisenbach, Council appropriated funds in the amount of $3,913.81 to pay legal expenses resulting from an EEOC discrimination claim.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

The motion carried.

 

 

REQUEST TO SELL FIREWORKS IN TOWN

 

Mr. Scott Bailey made a request to the Brookneal Town Council asking for a permit to sell fireworks in the town limits.

 

On motion from Meg Tibbs, seconded by James Nowlin, the Brookneal Town Council, having heard the request from Mr. Bailey and after receiving advice from the Town attorney, moved that Mr. Scott Bailey be granted a permit to sell fireworks within the town limits of Brookneal provided he comply with all State and local laws regarding the sale and distribution of fireworks.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

The motion carried.

 

 

DAY IN THE TOWN

 

Council, by consensus, elected to hold the annual Day in the Town celebration on Saturday, October 8, 2005.

 

 

DISCONTINUATION OF THE SALE OF TOWN DECALS FOR PERSONAL VEHICLES

 

This item was brought forth from the May 2005 regular meeting of the Brookneal Town Council.

 

 

The Town Manager and the Clerk/Treasurer further presented council with information regarding the pros and cons of following Campbell County’s lead and discontinuing the sale of decals for personal vehicles during the next year.  Council also received information on utilizing the DMV Stop program to enable the town to collect on outstanding debts.

 

After a lengthy discussion, Tracy Meisenbach moved that Council discontinue the sale of town decals for personal vehicles and implement the DMV Stop Program.  The motion received a second from Stacy Hailey.

 

Ayes:   James Nowlin, Meg Tibbs, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   Kenneth Jennings

 

The motion carried with a 5 – 1 vote.

 

APPOINTMENT TO THE BROOKNEAL CAMPBELL COUNTY AIRPORT AUTHORITY

 

On motion from James Nowlin, seconded by Meg Tibbs, Council appointed the following to the Brookneal Campbell County Airport Authority.  All appointments are made retroactively.

 

Mr. Larry Nash Appointed:  January 2003       Term expires:  January 2007

Mr. Lee Booker Appointed:  January 2004       Term expires:  January 2008

Mr. Richard Adams Appointed:  January 2005       Term expires:  January 2009

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, and Stacey Hailey.

 

Nays:   None.

 

Abstained:  Richard Adams

 

The motion carried with a 5 – 0 vote and one abstaining.

 

 

TRANSFER OF APPROPRIATIONS TO FUND EDUCATIONAL EXPENSE

 

On motion from Kenneth Jennings, seconded by James Nowlin, council transferred $395 from 02-2101-2006, Filter Plant Life Insurance, to 02-1105-5413, W & S Other.

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

The motion carried.

 

 

EQUAL EMPLOYMENT OPPORTUNITY STATEMENT AND DESIGNATION OF COMPLIANCE OFFICER

 

On motion from Meg Tibbs, seconded by James Nowlin, Council adopted the following Equal Employment Opportunity/Non-Discrimination Statement and appointed the Brookneal Town Manager, Bill Gillespie, and DeAnn McCune, Human Resource Manager, County of Campbell, as compliance officers for the Town of Brookneal.

 

EQUAL EMPLOYMENT OPPORTUNITY/

NON-DISCRIMINATION

 

 

  1. I. Policy Statement

 

The Town of Brookneal is an equal opportunity employer, committed to non-discrimination in recruitment, selection, hiring, pay, promotion, retention or other personnel action affecting employees or candidates for employment.  Therefore, discrimination in employment against any person on the basis of race, color, religion, national origin, political affiliation, gender, age, marital status or disability is prohibited.  Personnel decisions shall be based on merit and the ability to perform the essential functions of the job, with or without reasonable accommodation.

 

The Town of Brookneal shall provide facilities, programs and activities that are accessible, usable and available to qualified disabled persons.  Further, the Town of Brookneal shall not discriminate against qualified disabled person in the provision of health, welfare and other social services.

 

The statement, “The Town of Brookneal is an equal opportunity employer,” shall be placed on all employment application forms.

 

 

II. Notice of Policy/Prevention

 

This policy shall be: (1) posted in prominent areas of each Town of Brookneal building, (2) included in employee handbooks and (3) provided to any employee or candidate for employment upon request.

 

 

III.       Complaint Procedure

 

®    File Report

 

Any person who believes he has not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this policy.  Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this policy.


The reporting party should use the form “Report of Discrimination” to make complaints of discrimination.  However, oral reports shall also be accepted.  The complaint must be filed with one of the compliance officers designated in this policy.  Any complaint that involves a compliance officer may be reported to the mayor instead.  The alleged discrimination should be reported as soon as possible, and the report in all cases should be made within five (5) business days of the occurrence, or ten (10) calendar days, whichever is less.

The complaint and the identity of the complainant shall not be disclosed except as required by law or policy, as necessary to fully investigate the complaint or as authorized by the complainant.

 

®         Investigation

 

Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake investigation.  The investigation may be conducted by Town of Brookneal personnel or a third party designated by the Town of Brookneal .  The investigation shall be completed as soon as practicable.

 

The investigation may consist of personal interviews with the complainant, the person(s) alleged to have violated the policy and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint.  The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator.

 

Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.

 

The compliance officer shall issue a report to the Finance and Planning Committee of the Town Council upon completion of the investigation. The report shall include determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

 

All employees shall cooperate with any investigation of alleged discrimination conducted under this policy or by an appropriate state or federal agency.

 

®         Finance and Planning Committee

 

Within thirty (30) calendar days of receiving the compliance officer’s report, the Finance and Planning Committee shall issue a written decision regarding (1) whether this policy was violated and (2) what action if any should be taken.  If the complaint alleges that a member of such committee has violated this policy, such individual shall not participate in making the decision and determining what action should be taken.  The written decision must be mailed to or personally delivered to the complainant within five (5) calendar days of the issuance of the decision.  If the Finance and Planning Committee concludes that prohibited discrimination occurred, the Town of Brookneal shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence.  Such action may include discipline up to and including dismissal.

 

 

®    Appeal

 

If the Finance and Planning Committee determines that no prohibited discrimination occurred, the person who was allegedly subjected to discrimination may appeal this finding to the Town Council within five (5) calendar days of receiving the decision.  Notice of appeal must be filed with a member of the committee which issued the written decision, who shall forward the record to the Town Council.  The Town Council shall make a decision within thirty (30) calendar days of receiving the record.  The Town Council may ask for oral or written argument from the aggrieved party and the Finance and Planning Committee, and any other individual the Town deems relevant.

 

Employees may choose to pursue their complaints arising under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

 

 

®         Compliance Officer and Alternate Compliance Officer

 

The Town of Brookneal has designated Bill Gillespie, Jr., Town Manager, Town  of Brookneal, P.O. Box 450, Brookneal, VA 24528, 434-376-3124 as the Compliance Officer responsible for identifying, investigating, preventing and remedying prohibited discrimination.  Complaints of discrimination may also be made to the Alternate Compliance Officer DeAnn McCune, Human Resource Manager, County of Campbell, P.O. Box 100, Rustburg, VA 24588, 434-332-9525.  (Note: this individual must be of the opposite gender of the Compliance Officer).

 

The Compliance Officer shall:

 

®    receive reports or complaints of discrimination;

®    oversee the investigation of any alleged discrimination;

®    assess the training needs of the Town of Brookneal in connection with this policy;

®    arrange necessary training to achieve compliance with this policy;

®    insure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal opportunity, including the authority to protect the alleged victim and others during the investigation.

 

 

IV. Retaliation

 

Retaliation against employees who report discrimination or participate in the related proceedings is prohibited.  The Town of Brookneal shall take appropriate action against any employee who retaliates against another employee or candidate for employment who reports alleged discrimination or participates in related proceedings.

 

 


  1. V. Right to Alternative Complaint Procedure

 

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

 

VI.       False Charges

Employees who make false charges of discrimination shall be subject to disciplinary action.

 

 

Adopted:          June 14, 2005 by the Brookneal Town Council

________________________________________________________________________________________________________________________________________________

 

Legal Refs.:     Age Discrimination in Employment Act; American with Disabilities Act of 1990; Equal Pay Act; Title VII of the Civil Rights Act of 1964; The Rehabilitation Act of 1973 and Title IX of the Education Amendments.

 


 

 


SEXUAL HARASSMENT/

HARASSMENT BASED ON RACE, NATIONAL ORIGIN, DISABILITY AND RELIGION

 

  1. Policy Statement

 

The Town of Brookneal is committed to maintaining a working environment free from sexual harassment and harassment based on race, national origin, disability or religion.  Therefore, the Town of Brookneal prohibits sexual harassment and harassment based on race, national origin, disability or religion of any personnel.

 

It shall be a violation of this policy for any personnel of the Town of Brookneal to harass any other personnel sexually, or based on race, national origin, disability or religion.  Further, it shall be a violation of this policy for any personnel of the Town of Brookneal to tolerate sexual harassment or harassment based on an employee’s race, national origin, disability or religion by employees or third parties participating in, observing or otherwise engaged in any business of theTown of Brookneal.

 

For the purpose of this policy, “personnel” and “employee” shall include Town Council members, officers, employees, personnel,  agents, volunteers, contractors or other persons subject to the supervision and control of the Town of Brookneal.

 

The Town of Brookneal shall: (1) promptly investigate all complaints, written or verbal, of sexual harassment and harassment based on race, national origin, disability or religion; (2) promptly take appropriate action to stop any harassment and (3) take appropriate action against any employee who violates this policy and take any other action reasonably calculated to end and prevent further harassment of any employee.

 

II.        Definitions

A. Sexual Harassment

 

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

 

(i)            submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment; or

 

(ii)        submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment; or

 

(iii)       that conduct or communication substantially or unreasonably interferes with an individual’s employment, or creates an intimidating, hostile or offensive employment environment (i.e. the conduct is sufficiently serious to limit an employee’s ability to participate in or benefit from the work environment.)

 


B. Harassment based on race, national origin, disability or religion consists of physical or verbal conduct relating to an individual’s race, national origin, disability or religion when the conduct:

 

(i)            creates an intimidating, hostile or offensive working environment; or

 

(ii)        substantially or unreasonably interferes with an individual’s work; or

 

(iii)       otherwise is sufficiently serious to limit an individual’s employment opportunities.

III.       Complaint Procedure

 

  1. Formal Procedure

 

  1. File Report

 

Any employee who believes he or she has been the victim of sexual harassment or harassment based on race, national origin, religion or disability by another employee or a third party should report the alleged harassment to one of the compliance officers designated in this policy.  The alleged harassment should be reported as soon as possible, and the report, in all cases, should be made within five (5) business days of the occurrence.  Further, any employee who has knowledge of conduct which may constitute prohibited harassment should report such conduct to one of the compliance officers designated in this policy.  Any employee who has notice that an employee may have been a victim of prohibited harassment shall immediately report the alleged harassment to one of the compliance officers designated in this policy.

 

The reporting party should use the form “Report of Harassment” to make complaints of harassment.  However, oral reports and other written reports shall also be accepted.  The complaint should be filed with one of the compliance officers designated in this policy.  Any complaint that involves a compliance officer may be reported to the mayor instead.

 

The complaint, and identity of the complainant and alleged harasser, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law.  Additionally, a complainant who wishes to remain anonymous shall be advised that such confidentiality may limit the Town of Brookneal’s ability to fully respond to the complaint.

 

  1. Investigation

 

Upon receipt of a report of alleged prohibited harassment, the compliance officer shall immediately authorize or undertake an investigation.  The investigation may be conducted by Town of Brookneal personnel or a third party designated by the Town of Brookneal.

 


The investigation shall be completed as soon as practicable.  Upon receiving the complaint, the compliance officer shall determine whether interim measures should be taken pending the outcome of the investigation.  Such interim measures may include, but are not limited to, separating the alleged harasser and the complainant and, in case involving potential criminal conduct, determining whether law enforcement officials should be notified.  If the compliance officer determines that more than thirty (30) days will be required to investigate the complaint, the complainant and the accused shall be notified of the reason for the extended investigation and the date by which the investigation will be  concluded.

 

The investigation may consist of personal interviews with the complainant, the alleged harasser, and any others who may have knowledge of the alleged harassment or the circumstances giving rise to the complaint.  The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator.

 

In determining whether alleged conduct constitutes a violation of this policy, the division shall consider, at a minimum: (1) the surrounding circumstances; (2) the nature of the behavior; (3) past incidents or past continuing patterns of behavior; (4) the relationship between the parties; (5) how often the conduct occurred; (6) the identity of the alleged perpetrator in relation to the alleged victim (i.e. whether the alleged perpetrator was in a position of power over the alleged victim); (7) the location of the alleged harassment; (8) the ages of the parties and (9) the context in which the alleged incidents occurred.  Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.

 

The compliance officer shall issue a written report to the Finance and Planning Committee of the Town Council upon completion of the investigation.  The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

 

All employees shall cooperate with any investigation of the alleged harassment conducted under this policy or by an appropriate state or federal agency.

 

  1. Finance and Planning Committee Action

 

Within thirty (30) calendar days of receiving the compliance officer’s report, the Finance and Planning Committee shall issue a written decision regarding whether this policy was violated. If the complaint alleges that a member of the Finance and Planning Committee has violated this policy, such individual shall not participate in making the decision and determining what action should be taken.  If the Finance and Planning Committee determines that prohibited harassment occurred, the Town of Brookneal shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence.  Such action may include discipline up to and including discharge.

 

 


  1. Appeal to Town Council

 

If the Finance and Planning Committee determines that no prohibited harassment occurred, the employee who was allegedly subjected to harassment may appeal this finding to the Town Council  within five (5) calendar days of receiving the decision.  Notice of appeal must be filed with a member of the Finance and Planning Committee, who shall forward the record to the Town Council.  The Town Council shall make a decision within thirty (30) calendar days of receiving the record.  The Town Council may ask for oral or written argument from the aggrieved party and any other individual the Town Council deems relevant.

 

If the Town Council or designee determines that prohibited harassment occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other sanction would be appealed.

 

Employees may choose to pursue their complaints under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

 

  1. Compliance Officer and Alternate Compliance Officer

 

The Town of Brookneal has designated Bill Gillespie, Jr., Town Manager, Town  of Brookneal, P.O. Box 450, Brookneal, VA 24528, 434-376-3124 as the Compliance Officer responsible for identifying , preventing and remedying prohibited harassment.  Complaints of harassment may also be made to the Alternate Compliance Officer, DeAnn McCune, Human Resource Manager, County of Campbell, P.O. Box 100, Rustburg, VA 24588, 434-332-9525.  (Note: this individual must be of the opposite gender of the Compliance Officer).

The Compliance Officer shall:

 

®    receive reports or complaints of harassment;

®    oversee the investigation of any alleged harassment;

®    assess the training needs of the Town of Brookneal in connection with this policy;

®    arrange necessary training to achieve compliance with this policy;

®    insure that any harassment investigation is conducted by an impartial investigator who is trained in the requirements of equal employment opportunity, including the authority to protect the alleged victim and others during the investigation.

 

 

  1. 1. Informal Procedure

 

If the complainant and the person accused of harassment agree, the Compliance Officer may arrange for them to resolve the complaint informally with the help of a counselor, mediator or administrator.


If the complainant and the person accused of harassment agree to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the Formal Procedures set forth herein.

IV.       Retaliation

 

Retaliation against employees who report harassment or participate in any related proceedings is prohibited.  The Town of Brookneal shall take appropriate action against employees who retaliate against any other employee who reports alleged harassment or participates in related proceedings.

V.        Right to Alternative Complaint Procedure

 

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

VI.       Notice of Policy

 

This policy shall be: (1) displayed in prominent areas of each Town building in a location accessible to all employees (2) included in handbooks; and (3) provided to all employees within thirty (30) calendar days of the employee starting work for the Town or enactment of this policy, whichever is later.

 

VII.      False Charges

 

Any employees who knowingly make false charges of harassment shall be subject to disciplinary action as well as any civil or criminal legal proceedings.

 

 

 

 

Adopted:          June 14, 2005 by the Brookneal Town Council

___________________________________________________________________________________________________________________________________________

 

Legal Refs:      20 U.S.C. §§ 1681 - 1688

29 U.S.C. § 794

42 U.S.C. §§ 2000d-2000d-7

42 U.S.C. §§ 2000e - 2000e-17

 

34 C.F.R. part 106.

 

 

 

 

Ayes:   James Nowlin, Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey.

 

Nays:   None.

 

 

ADJOURNMENT

On motion from James Nowlin, Mayor Campbell announced that the June 14, 2005 Council meeting was adjourned.

 

 

 

 

___________________________                  ____________________________

Laurie C. Francis,                                           Phyllis Campbell,

Clerk/Treasurer                                               Mayor

Get in Touch!

Telephone: (434) 376-3124
Email Us
townmanager@townofbrookneal.com

P.O. Box 450/215 Main Street
Brookneal, VA 24528