(a) This chapter shall not be deemed in any way to limit or diminish the authority of the Board of Supervisors to manage and direct the operations and activities of the County to the fullest extent authorized and permitted by law. Thus, unless the Board elects to bargain by resolution, the Board retains exclusive rights, including, but not limited to, the right:
(1) To determine the organization of County government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, provide for certain levels of service, and add, delete, modify, or suspend programs, functions, divisions, and departments as the Board or County Administrator determines to be necessary and appropriate;
(2) To determine the type and scope of work to be performed by County employees, the job descriptions for each County employee position, the manner in which services are to be provided, and to determine the number of positions or full-time equivalents (FTE) required;
(3) To introduce new or different services, methods, equipment, or facilities;
(4) To determine the kind, type, location, and use of County-owned equipment or facilities, provided that the County does not require the use or operation of unsafe equipment or the unsafe operation of equipment;
(5) To set customer service standards for County operations;
(6) To do all things reasonable and necessary to carry out the mission of the County;
(7) To retain the ability and authority to terminate probationary and temporary employees in accordance with the applicable provisions of Chapter 10 of the Human Resources Handbook;
(8) To require enhanced security measures to protect County facilities, infrastructure, personnel, and the public. This provision shall not preclude collective bargaining pertaining to individual employee safety, protection, training, clothing, tools, tactics, or similar individual employee safety measures.
(9) To determine the form of government utilized by the County.
(b) Notwithstanding the provisions of any collective bargaining agreement, the County retains the right to take whatever actions may be necessary to carry out the County's mission during a State of Emergency (as defined in Virginia Code § 44-146.16) impacting Loudoun County, or a Declaration of Local Emergency (as defined in Virginia Code § 44-146.16). In the event of a State of Emergency or Declaration of Local Emergency where the duration of the impacts of the emergency last for a period of more than six (6) months, the County will enter into Impact Bargaining at the request of any certified representative after the Declared Emergency is over. The purpose of the Impact Bargaining will be to retroactively address impacts to the bargaining unit incurred during the emergency. Merely having a Declaration of Emergency open for the reimbursement of federal and state aid, absent continuing impacts, shall not count towards the six month period.
(c) In accordance with Virginia Code § 40.1-57.2 and other applicable law, nothing in this section or chapter or the terms of any collective bargaining agreement, shall impair or restrict the authority of the Board of Supervisors to establish its budget and appropriate funds in its discretion.
(d) No provision of this chapter shall act to interfere with or impair the free speech and association rights of members of the Board of Supervisors. This includes the right to advocate for or against employee organizations and to speak on issues related to the County's labor policy without limitation. No unfair labor practice may be brought against the County or a Board member because of a Board member's or the Board's collective exercise of the right of free speech and association.
(Ord. 21-19. Passed 12-7-21.)