HomeMy WebLinkAbout20122608.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-8 was introduced on
first reading on September 26, 2012, and a public hearing and second reading was held on
October 22, 2012. A public hearing and final reading was completed on November 14, 2012,
with no change being made to the text of said Ordinance, and on motion duly made and
seconded, was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-8
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE
EFFECTIVE DATE: November 26, 2012
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 16, 2012
PUBLISHED: November 21, 2012, in the Greeley Tribune
70/.2-,2lo0g
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Jennifer Usher
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive(days): that the notice was published in
NOTICE OF FINAL READING OF ORDINANCE the regular and entire issue of every number of said
newspaper during the period and time of
Pursuant to the Weld County Home Rule Charter,Ordinance
Number 2012-8 was introduced on first reading on September publication of said notice, and in the newspaper
26,2012,and a public hearing and second reading was held on
October 22,2012. A public hearing and final reading was corn- proper and not in a supplement thereof; that the
pleted on November 14,2012,with no change being made to the
text of said Ordinance,and on motion duly made and seconded, first publication of said notice was contained in the
was adopted. Effective date of said Ordinance is listed below. Twenty-first day of November A.D.
Any backup material,exhibits or information previously submit- tY
ted to the Board of County Commissioners concerning this mat- 2012 and the last publication thereof: in the issue of
ter may be examined in the office of the Cleric
to the Board of
County Commissioners,located within the Weld County Admin- said newspaper bearing the date of the
istration Building,1150O Street,Greeley,Colorado,between the
hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be Twenty-first day of November A.D.
accessed through the Weld County Web Page
(www.co.weld.co.usl. E-Mail messages sent to an individual 2012 that said The Greeley Tribune has been
Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case He,please published continuously and uninterruptedly during
send a copy to egesick@co.weld.ca.us.
the period of at least six months next prior to the
ORDINANCE NO. 2012-8
first issue thereof contained said notice or
ORDINANCE TITLE:
REENACTING,WITH AMENDMENTS,C REPEALING
CHAPTER 3HU HUMAN advertisement above referred to; that said
RESOURCES,OF THE WELD COUNTY CODE newspaper has been admitted to the United States
EFFECTIVE DATE: November26,2012 mails as second-class matter under the provisions
BOARD OF COUNTY COMMISSIONERS of the Act of March 3,1879, or any amendments
WELD COUNTY,COLORADO
DATED: November ts.2otz thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
The Tribune
November 21,2012 notices and advertisements within the meaning of
the laws of the State of Colorado.
November 21, 2012
Total Charges: $7.88
tbLIA/-
21st day of November, 2012
My Commission Expires 6/14/2013
Notary Public
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-8 was introduced on
first reading on September 26, 2012, and a public hearing and second reading was held on
October 22, 2012, with changes being made as listed below. A public hearing and third reading
is scheduled to be held in the Chambers of the Board, located within the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631, on November 14, 2012. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-8
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE
DATE OF NEXT READING: November 14, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 26, 2012
PUBLISHED: October 31, 2012, in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE #2012-8 ON SECOND READING
Amend Sec. 3-10-90.1. Pay steps, to read as follows:
I. Step 9: Sixteenth-Year Proficient Step. Persons who have completed sixteen (16) years
in the same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
thirteenth-year proficient step requires at least three (3) years of satisfactory performance at the
thirteenth-year proficient step.
.26/0?-,;?&C
'- Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Jennifer Usher
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
NOTICE OF
SECOND READING OF ORDINANCE that the same is a daily newspaper of general
Pursuant to the Weld County Home Rule Charter,Ordinance circulation and printed and published in the City of
Number 2012-8 was introduced on first reading on September
26,2012,and a public hearing and second reading was held on Greeley, in said county and state; that the notice or
October 22,2012,with changes being made as listed below. A
ChalmbersoftheBoard,rloca�i reading scheduled nityry advertisement, of which the annexed is a tine copy,
Admin-
istration Building.1150O Street,Greeley,Colorado 80631,on has been published in said daily newspaper for
November 14,2012. All persons in any manner interested in the
next reading of said Ordinance are requested to attend and may consecutive(days): that the notice was published in
be heard. Please contact the Clerk to the Boards Office at regular and entire issue of the every
phone 1970)336-7215,Extension 4225,or tax(970)352 0242, number of said
prior to the day of the hearing if,as a result of a disability,you during newspaper d period and time of
require reasonable accommodations in order to participate in thisg the
hearing. Any backup material,exhibits or information previously publication newspaper
of said notice, and in the news a er
submitted to the Board of County Commissioners concerning this
matter may be examined in the office of the Clerk to the Board of proper and not in a supplement thereof; that the
County Commissioners,located within the Weld County Admin-
istration Building,1150O Street,Greeley.Colorado,between the first publication of said notice was contained in the
hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be
accessed through the Weld County Web Page Thirty-first day of October A.D.
(www.co.weld.co.us). E-Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure 2012 and the last publication thereof: in the issue of
inclusion of your E Mail correspondence into the case He,please
send a copy to egesickeco.welaca.us. said newspaper bearing the date of the
ORDINANCE NO. 2012-6 Thirty-first day of October A.D. 2012
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND that said The Greeley Tribune has been published
REENACTING,WITH AMENDMENTS,CHAPTER 3 HUMAN continuously and during
RESOURCES,OF THE WELD COUNTY CODE uninterruptedly the period
DATE OF NEXT READING: November 14,2012,at 9:00 a.m. of at least six months next prior to the first issue
thereof contained said notice or advertisement
BOARD OF COUNTY WELD STONERS
COUNTY,COLORADO above referred to; that said newspaper has been
DATED: October 26.2012 admitted to the United States mails as second-class
matter under the provisions of the Act of March
CHANGES MADE TO CODE ORDINANCE 42012-8 ON SEC- any
3,1879, or amendments thereof; and that said
OND READING
Amend Sec.3-10-90.1.Pay steps.to read as follows: newspaper is a daily newspaper duly qualified for
I.Step9:Sixteenth-Year ProaaentStep.Persons who have
publishing legal notices and advertisements within
completed sixteen(16)years in the same classification and nave the meaning of the laws of the State of Colorado.
demonstrated sustained satisfactory performance at the profi-
cient step as recorded through the appraisal system.Movement
to this step from the thirteenth-year proficient step requires et
least three(3)years of satisfactory performance at the Mir- October 31, 2012
teenth-year proficient step.
The Tribune
October 31,2012
Total Charges: $12.05
314‘, day of October,2012
My Commission Expires 6/14/2013
4?AjZii
Notary Public
WELD COUNTY
CODE ORDINANCE 2012-8
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3
HUMAN RESOURCES, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised
to read as follows.
CHAPTER 3
HUMAN RESOURCES
Amend Sec. 3-3-10. Expectations of proper conduct.
A. Every County employee should be aware that he or she is a public employee and it is
the employee's duty to serve citizens in a courteous and efficient manner. An employee must
maintain a standard of conduct and performance which is consistent with the best interests of
the County. Examples of conduct that may result in disciplinary action, up to and including
termination from employment, include but are not limited to the following:
1 through 18 - No change
19. Falsifying County records or reports, including one's time or the time of another.
20. Violation of any policy duly adopted by resolution or ordinance of the Board of
County Commissioners and set forth in Chapters 1 and 2 of this Code, including, but not
limited to, smoking in buildings and vehicles under the control of the County and
lobbying by County employees without authorization.
Remainder of Section - No change
Amend Sec. 3-3-70. Suspension and termination for charge with crime.
A through C - No change
D. For the purposes of this Section, crime shall be defined as a felony or misdemeanor as
defined by state law, whether classified or unclassified, or a comparable federal or municipal
crime or crime in some other state. The term crime does not include petty offenses.
Add Sec. 3-3-120. ID Badge Policy
A. As a vital part of our security, a Weld County identification badge with the employee's
name, photo, and department will be issued on the first day of employment. The ID badge may
also permit access into some secured areas in County buildings.
B. Weld County ID Badges are to be used primarily for official County business only.
Badges given to employees to access the Centennial Building or other County buildings or
meetings are not to be used for personal business. Any employee using their badge to gain
access to the courts, or any county building for personal reasons will face disciplinary action and
will have their badge confiscated.
C. Lost or stolen cards should be reported to Human Resources as soon as possible.
D. Upon termination, employees will be required to return ID badges to their Supervisor or
Human Resources.
Amend Sec. 3-4-70. Grievance hearing.
A through H - No change
Review of appeal.
1 - No change
2. The Board of County Commissioners may affirm the Grievance Board's decision,
modify it in whole or in part, or remand the matter to the Grievance Board for further fact-
finding. A modification may only be made if, based upon the Grievance Board's findings
of fact, the decision is clearly wrong or is in excess of the Grievance Board's jurisdiction,
authority, purposes or limitations as defined by this Chapter and the procedures outlined
in Chapter 2 of this Code. The Board of County Commissioners may review the entire
hearing record upon a majority vote of the Board of County Commissioners. The Board
of County Commissioners shall transmit a written decision on the appeal to the Director
of Human Resources within ten (10) working days of the receipt of the appeal. The
Director of Human Resources shall thereafter communicate the decision to the
employee within five (5) working days.
Remainder of Section - No change
Add Sec. 3-6-05. Leave restriction.
An employee may not have more than six (6) months of combined paid or unpaid leave
during any twelve (12) month period, unless the employee's supervisor, in consultation with his
or her department director or elected official, believes it to be in the County's best interests to
allow the employee to have more than six (6) months of leave.
Amend Sec. 3-6-10. Vacation leave.
A. No annual leave is earned during the first six (6) full pay periods of employment. Upon
successful completion of the first six (6) full pay periods, employees eligible for vacation accrual
will be awarded earned vacation hours. Successful completion means that the employee meets
or exceeds appraisal standards on the employee's six-month performance appraisal.
Employees may schedule vacation leave after the successful completion of the first six (6) full
pay periods.
B. Vacations must be scheduled in advance with the employee's supervisor. Vacation shall
not conflict with work requirements of the department. Scheduled vacations may be canceled at
any time for any reason by the department head or elected official. Annual vacation is earned
according to length of County service as shown on Table 3.4. Accrued vacation hours must be
earned prior to being available to the employee.
Remainder of Section - No change
Amend Sec. 3-6-30. Sick leave bank.
A through B.3.h - No change
Not more than five (5) months shall be granted to one (1) member in a two-year
period.
Remainder of Section - No change
Amend Sec. 3-6-50. Family and medical leave policy.
A. General provisions. It is the policy of the County to grant up to twelve (12) weeks of
family and medical leave during any rolling twelve-month period to eligible employees, in
accordance with the Family and Medical Leave Act of 1993 (FMLA). The County will grant up to
twenty-six (26) weeks of family and medical leave to eligible employees to care for a covered
service member with a serious injury or illness. The leave may be paid, unpaid or a
combination of paid and unpaid, depending on the circumstances and as specified in this
Article.
B - No change
C. In order to qualify as FMLA leave under this policy, the employee must be taking the
leave for one of the reasons listed below.
1 through 4 - No change
5. Because of any qualifying exigency arising out of the fact that the employee's
spouse, son, daughter, or parent is a covered military member on active duty (or has
been notified of an impending call or order to active duty) in support of a contingency
operation.
6. To care for a covered service member with a serious injury or illness if the
employee is the spouse, son, daughter, parent, or next of kin of the service member.
D through G - No change
H. Except for eligible employees taking leave to care for a covered service member, an
eligible employee can take up to twelve (12) weeks of leave under this policy during any twelve-
month period. Eligible employees can take up to twenty-six (26) weeks of leave to care for a
covered service member measured forward from the first date the employee takes leave for that
purpose.
I through Q - No change
P. Covered service member means a current member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness incurred in the line of duty on active duty.
Q. Qualifying exigency leave means:
1. Receiving notice of deployment less than seven (7) days prior to deployment.
This qualifying exigency lasts no more than seven (7) days.
2. Military events and related activities.
3. To arrange for alternate childcare and school activities as necessitated by active
duty or call to active duty status.
4. To make financial or legal arrangements as necessitated by active duty or call to
active duty status.
5. To attend counseling provided by someone other than a health care provider for
oneself, for the covered military member, or for the biological, adopted, or foster child, a
stepchild, or a legal ward of the covered military member, provided that the need for
counseling arises from the active duty or call to active duty status of a covered military
member.
6. To spend time with a covered military member who is on short-term, temporary,
rest and recuperation leave during the period of deployment. This qualifying exigency
lasts no more than five (5) consecutive days for each instance of deployment.
7. To attend arrival ceremonies, reintegration briefings and events, and any other
official ceremony or program sponsored by the military for a period of 90 days following
the termination of the covered military member's active duty status.
8. To address issues that arise from the death of a covered military member while
on active duty status, such as meeting and recovering the body of the covered military
member and making funeral arrangements.
R. Covered military member means the employee's spouse, son, daughter, or parent on
active duty or call to active duty status. Employees are eligible to take FMLA leave because of
a qualifying exigency when the covered military member is on active duty or call to active duty
status in support of a contingency operation as either a member of the reserve components
(Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps
Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard
Reserve), or a retired member of the Regular Armed Forces or Reserve. An employee whose
family member is on active duty or call to active duty status in support of a contingency
operation as a member of the Regular Armed Forces is not eligible to take leave because of a
qualifying exigency.
Amend Sec. 3-6-90. Leave of absence without pay.
A. An employee's status with respect to benefits during leave of absence shall be as
follows:
1 through 2 - No change
3. If an employee is enrolled in a supplemental life insurance plan, this coverage
will stop during a leave of absence. The Weld County Life Insurance plan requires that
an employee be actively working to be eligible for coverage, therefore, the County will
discontinue the employee's basic life plan as well as any supplemental life coverage
during the leave period.
Remainder of Section - No change
Amend Sec. 3-6-140. Military leave of absence.
A - No change
B. Upon returning to work, the elected official, department head or employee shall pay to
the County all wages received from the National Guard or reserve forces for the time spent
performing required military training or service, exclusive of any travel allowance or other
expenses paid as indicated on the military voucher. The individual has the option of keeping his
or her military pay in lieu of receiving his or her regular pay from the County for the time during
which he or she was engaged in the military training or service. If an employee elects to keep
the military pay, the County regular pay will be reduced by the per-day rate of the military pay
for each workday served, up to fifteen (15) days. The per-day rate is determined by the amount
of the basic pay divided by the number of days served as indicated on the military pay voucher.
The employee must provide a military Leave and Earnings Statement (LES) for the time period
served to determine the per-day rate and must forward a copy to the Department of Human
Resources within thirty (30) days of returning to work at the County.
C - No change
D. Employees that serve in the armed forces reserves that must take leave from the County
due to a conflict in the department work schedule and an armed forces assignment will indicate
on their time sheet the leave time as military leave. This code will be designated as unpaid
leave unless proper documentation is submitted to the Department of Human Resources and
Payroll.
E. To receive regular county pay for the military leave time (up to 15 days per calendar year
is permitted), the employee must provide orders to the Department of Human Resources and
Payroll prior to entering military leave. Since orders are not typically issued for weekend duty
drills, then the employee is responsible for providing the Department of Human Resources and
Payroll the Leave and Earnings Statement (LES) for the time period in question in order to be
paid for these military days.
F. Upon returning to work, the employee must provide a military Leave and Earnings
Statement (LES) for the time period which covers the use of military leave that had been
converted from non-payable to payable. The documents should be sent to the Department of
Human Resources and Payroll within thirty (30) days of returning to work at the County. The
Payroll office will determine the amount of wages that should be returned to the County. The
amount is calculated by factoring a per-day rate paid from the military BASE wages only and
then multiplies the per-day rate by the number of days entered as military leave.
G. Please note, that if the orders or an authorized attendance of drill assignment email is
not received by the Department of Human Resources and Payroll, then the military hours will
remain unpaid and no further action is needed to supply the military LES; however if an
employee did provide the orders or authorized attendance of drill assignment email so that the
military leave was paid by the County, then the military LES must be received within the thirty
(30) day time frame following the return of the employee from the military assignment or the
military leave paid by the County will all be due back to the County.
Amend Sec. 3-6-150. Clinic time.
A. Paid "clinic time" will be allotted to County employees who are enrolled in a County
Health Plan ("eligible employees") to use for visits to the Weld County Employee Medical Clinic
("the clinic"). Eligible employees will be allotted a certain number of paid visits to the clinic
during working hours, per calendar year, for personal healthcare, instead of being required to
use their accrued leave. Employees attending appointments at the clinic with dependents will be
required to use applicable accrued leave or schedule the visit during non-working hours. Eligible
employees will be allotted paid time for visits to the clinic. An annual allotment of paid visits for
each eligible employee will be made in December of each year for use during the subsequent
year. The employee can contact the Department of Human Resources for the current annual
allotment of paid visits.
Amend Sec. 3-7-10. Workweek and workday.
All regular County employees will normally be scheduled to work a forty-hour week. Proper
scheduling may require employees to work more (or less) than eight (8) hours in one (1) day in
order for a department to be more cost-effective and to better serve the public. Standard hours
are eight (8) hours in one (1) day, which is what leave time benefits are based on. Normal
hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, the hours may vary
depending upon department needs. The normal workweek begins at 0001 hours Sunday and
runs through 2400 hours on Saturday. Departments have the option of establishing their own
workweek to fit their needs. This information will be provided to the Department of Human
Resources and the Department of Accounting. County employees are to report to assigned
work sites in order to begin work at designated starting times.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional,
such decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact
that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might
be declared to be unconstitutional or invalid.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2012-8 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
September 26, 2012. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, on October 22, 2012. All persons in any manner interested in the
reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk
to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to
the day of the hearing if, as the result of a disability, you require reasonable accommodations in
order to participate in this hearing. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this matter may be examined in
the office of the Clerk to the Board of County Commissioners, located within the Weld County
Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and
5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page
(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be
included in the case file. To ensure inclusion of your E-Mail correspondence into the case
file, please send a copy to egesick@co.weld.co.us.
SECOND READING: October 22, 2012, at 9:00 a.m.
THIRD READING: November 14, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 5, 2012
PUBLISHED: October 10, 2012, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Christopher L. Harrop, do solemnly swear that I am the
Managing Editor of the Fort Lupton Press that the same
is a weekly newspaper printed and published in the County
of Weld, State of Colorado, and has a general circulation
therein; that said newspaper has been published
continuously and uninterruptedly in said county of Weld for
a period of more than fifty-two consecutive weeks prior to
the first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as second-class matter under the
provisions of the act of March 3, 1879, or any amendments
thereof, and that said newspaper is a weekly newspaper
duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
of Colorado. That the annexed legal notice or
advertisement was published in the regular and entire
issue of every number of said weekly newspaper for the
period of ONE consecutive insertion(s); and that the
first publication of said notice was in the issue of
newspaper, dated 10th day of OCTOBER 2012, and the
last on the 10th day of OCTOBER 2012
Managing Editor, Subscribed and sw efore me,
this 10th day of'64
CTOBER 2012
�� otary"PUblic.
•
•
•
My Commission Expires : 02/(12/24}4
WEDNESDAY,OCTOBER 10,2012 WWW.FTLUPTONPRESS.COM
LEGAL NOTICES
WELD COUNTY employees will be required to return ! 1 through 4-No change absence without pay. allotted to County employees who
CODE ORDINANCE 2012-8 ID badges to their Supervisor or are enrolled in a County Health Plan
Human Resources. 5. Because of any A. An employee's status ("eligible employees") to use for
IN THE MATTER OF REPEALING qualifying exigency arising out of with respect to benefits during leave visits to the Weld County Employee
AND REENACTING, WITH Amend Sec. 3-4-70. Grievance the fact that the employee's spouse, of absence shall be as follows: Medical Clinic ("the clinic"). Eligible
AMENDMENTS, CHAPTER 3 hearing. son,daughter,or parent is a covered employees will be allotted a certain
HUMAN RESOURCES, OF THE military member on active duty (or 1 through 2-No change number of paid visits to the clinic
WELD COUNTY CODE A through H-No change has been notified of an impending during working hours, per calendar
call or order to active duty)in support 3. If an employee is year, for personal healthcare,
BE IT ORDAINED BY THE BOARD I. Review of appeal. of a contingency operation. enrolled in a supplemental life instead of being required to use
OF COUNTY COMMISSIONERS insurance plan, this coverage will their accrued leave. Employees
OF THE COUNTY OF WELD, 1 -No change 6. To care for a covered stop during a leave of absence. attending appointments at the clinic
STATE OF COLORADO: service member with a serious injury The Weld County Life Insurance with dependents will be required
2. The Board of County or illness if the employee is the plan requires that an employee be to use applicable accrued leave
WHEREAS, the Board of County Commissioners may affirm the spouse, son, daughter, parent, or actively working to be eligible for ' or schedule the visit during non-
Commissioners of the County of Grievance Board's decision, modify next of kin of the service member. coverage,therefore,the County will working hours. Eligible employees
Weld, State of Colorado, pursuant it in whole or in part,or remand the discontinue the employee's basic life will be allotted paid time for visits
to Colorado statute and the Weld matter to the Grievance Board for D through G-No change plan as well as any supplemental life to the clinic.An annual allotment of
County Home Rule Charter,is vested further fact-finding. A modification '', coverage during the leave period. paid visits for each eligible employee
with the authority of administering may only be made if, based upon I H. Except for eligible will be made in December of each
the affairs of Weld County,Colorado, the Grievance Board's findings of employees taking leave to care for a Remainder of Section-No change year for use during the subsequent
and fact, the decision is clearly wrong ! covered service member,an eligible year. The employee can contact the
or is in excess of the Grievance employee can take up to twelve(12) Amend Sec. 3-6-140. Military Department of Human Resources
WHEREAS, the Board of County Board's jurisdiction, authority, weeks of leave under this policy leave of absence. for the current annual allotment of
Commissioners, on December 28, purposes or limitations as defined during any twelve-month period paid visits.
2000, adopted Weld County Code by this Chapter and the procedures Eligible employees can take up to A-No change
Ordinance 2000-1, enacting a outlined in Chapter 2 of this Code. twenty-six (26) weeks of leave to Amend Sec. 3-7-10. Workweek
comprehensive Code for the County The Board of County Commissioners care for a covered service member B. Upon returning to work, and workday.
of Weld,including the codification of may review the entire hearing record measured forward from the first date the elected official, department
all previously adopted ordinances upon a majority vote of the Board the employee takes leave for that head or employee shall pay to the All regular County employees will
of a general and permanent nature of County Commissioners. The purpose. County all wages received from the normally be scheduled to work a
enacted on or before said date of Board of County Commissioners National Guard or reserve forces for forty-hour week. Proper scheduling
adoption,and shall transmit a written decision on I through O-No change the time spent performing required may require employees to work more
the appeal to the Director of Human ' military training or service,exclusive (or less)than eight(8)hours in one
WHEREAS,the Weld County Code Resources within ten (10) working P Covered service of any travel allowance or other (1)day in order for a department to
is in need of revision and clarification days of the receipt of the appeal. I member means a current member expenses paid as indicated on the ' be more cost-effective and to better
with regard to procedures, terms, The Director of Human Resources : of the Armed Forces, including military voucher.The individual has serve the public. Standard hours
and requirements therein. shall thereafter communicate the a member of the National Guard the option of keeping his or her are eight (8) hours in one (1) day,
decision to the employee within five or Reserves, who is undergoing military pay in lieu of receiving his which is what leave time benefits are
NOW, THEREFORE, BE IT (5)working days. medical treatment, recuperation, or or her regular pay from the County based on. Normal hours are 8:00
ORDAINED by the Board of County therapy, is otherwise in outpatient for the time during which he or a.m. to 5:00 p.m., Monday through
Commissioners of the County of Remainder of Section-No change status, or is otherwise on the she was engaged in the military Friday;however,the hours may vary
Weld,State of Colorado,that certain temporary disability retired list, for training or service. If an employee depending upon department needs.
existing Chapters of the Weld County Add Sec. 3-6-05. Leave a serious injury or illness incurred in elects to keep the military pay, the The normal workweek begins
Code be, and hereby are,repealed restriction. the line of duty on active duty. County regular pay will be reduced at 0001 hours Sunday and runs
and re-enacted, with amendments, by the per-day rate of the military through 2400 hours on Saturday
and the various Chapters are revised An employee may not Q. Qualifying exigency pay for each workday served, up to Departments have the option of
to read as follows. have more than six (6) months of leave means: fifteen (15) days. The per-day rate establishing their own workweek
combined paid or unpaid leave is determined by the amount of the to fit their needs. This information
CHAPTER 3 during any twelve (12) month 1. Receiving notice of basic pay divided by the number will be provided to the Department
HUMAN RESOURCES period, unless the employee's deployment less than seven(7)days of days served as indicated on the of Human Resources and the
supervisor, in consultation with prior to deployment. This qualifying military pay voucher.The employee Department of Accounting. County
Amend Sec.3-3-10. Expectations his or her department director or exigency lasts no more than seven must provide a military Leave and employees are to report to assigned
of proper conduct. elected official, believes it to be in (7)days. ' Earnings Statement (LES) for the work sites in order to begin work at
the County's best interests to allow • time period served to determine the designated starting times.
A. Every County employee the employee to have more than six 2. Military events and per-day rate and must forward a
should be aware that he or she i (6)months of leave. related activities. copy to the Department of Human BE IT FURTHER ORDAINED by the
is a public employee and it is the ' Resources within thirty(30)days of Board that the Clerk to the Board be,
employee's duty to serve citizens in Amend Sec. 3-6-10. Vacation 3. To arrange for alternate returning to work at the County. and hereby is, directed to arrange
a courteous and efficient manner.An leave. childcare and school activities as for Colorado Code Publishing to
employee must maintain a standard necessitated by active duty or call to , C-No change supplement the Weld County Code
of conduct and performance which A. No annual leave is active duty status. with the amendments contained
is consistent with the best interests earned during the first six (6) full D. Employees that serve herein, to coincide with chapters,
of the County.Examples of conduct pay periods of employment. Upon 4, To make financial or in the armed forces reserves that articles, divisions, sections, and
that may result in disciplinary action, successful completion of the first legal arrangements as necessitated must take leave from the County subsections as they currently exist
up to and including termination from six (6)full pay periods, employees by active duty or call to active duty due to a conflict in the department within said Code; and to resolve
employment, include but are not eligible for vacation accrual will status. work schedule and an armed forces any inconsistencies regarding
limited tothe following: be awarded eamed vacation assignment will indicate on their capitalization, grammar, and
hours. Successful completion 5. To attend counseling time sheet the leave time as military numbering or placement of chapters,
1 through 18-No change means that the employee meets or provided by someone other than a leave. This code will be designated articles, divisions, sections, and
exceeds appraisal standards on the' health care provider for oneself,for as unpaid leave unless proper subsections in said Code.
19. Falsifying County employee's six-month performance the covered military member, or for documentation is submitted to the
records or reports, including one's appraisal. Employees may schedule the biological, adopted, or foster ,. Department of Human Resources BE IT FURTHER ORDAINED by
time or the time of another, vacation leave after the successful child, a stepchild, or a legal ward and Payroll. the Board if any section,subsection,
completion of the first six(6)full pay of the covered military member, paragraph, sentence, clause, or
20. Violation of any policy periods. provided that the need for counseling E. To receive regular phrase of this Ordinance is for
duly adopted by resolution or arises from the active duty or call county pay for the military leave time any reason held or decided to be
ordnance of the Board of County B. Vacations must be to active duty status of a covered (up to 15 days per calendar year unconstitutional,such decision shall
Commissioners and set forth in scheduled in advance with the military member. is permitted), the employee must not affect the validity of the remaining
Chapters 1 and 2 of this Code, employee's supervisor. Vacation provide orders to the Department portions hereof. The Board of
including,but not limited to,smoking shall not conflict with work 6. To spend time with a of Human Resources and Payroll County Commissioners hereby
in buildings and vehicles under the requirements of the department. covered military member who is prior to entering military leave. declares that it would have enacted
control of the County and lobbying Scheduled vacations may be on short-term, temporary, rest and Since orders are not typically this Ordinance in each and every
by County employees without canceled at any time for any reason recuperation leave during the period issued for weekend duty drills,then section, subsection, paragraph,
authorization. by the department head or elected of deployment. This qualifying the employee is responsible for sentence,clause,and phrase thereof
official, Annual vacation is earned exigency lasts no more than five(5) providing the Department of Human irrespective of the fact that any one
Remainder of Section-No change according to length of County service consecutive days for each instance Resources and Payroll the Leave or more sections, subsections,
as shown on Table 3.4. Accrued of deployment. and Earnings Statement (LES) for paragraphs, sentences, clauses,
Amend Sec. 3-3-70. Suspension vacation hours must be earned prior the time period in question in order or phrases might be declared to be
and termination for charge with to being available to the employee. 7. To attend arrival to be paid for these military days. unconstitutional or invalid.
crime. ceremonies, reintegration briefings
Remainder of Section - and events, and any other official F. Upon retuming to work, ' NOTICE
A through C-No change No change ceremony or program sponsored the employee must provide a military
by the military for a period of 90 Leave and Eamings Statement PURSUANT to the Weld County
D. For the purposes of this Amend Sec. 34-30. Sick leave days following the termination of the (LES) for the time period which i Home Rule Charter, Ordinance
Section,crime shall be defined as a bank. covered military member's active covers the use of military leave Number 2012-8 published above,
felony or misdemeanor as defined duty status. that had been converted from non- was introduced and,on motion duly
by state law, whether classified A through B.3.h-No change payable to payable. The documents made and seconded, approved
or unclassified, or a comparable 8. To address issues that should be sent to the Department upon first reading on September
federal or municipal crime or crime i. Not more than five (5) arise from the death of a covered of Human Resources and Payroll 26, 2012. A public hearing and
in some other state.The term crime months shall be granted to one (1) military member while on active within thirty (30) days of returning second reading is scheduled to be
does not include petty offenses. member in a two-year period. duty status, such as meeting and I to work at the County. The Payroll held in the Chambers of the Board,
recovering the body of the covered office will determine the amount of located within the Weld County
Add Sec. 3-3-120. ID Badge Remainder of Section - military member and making funeral wages that should be returned to the Administration Building, 1150 O
Policy No change arrangements. County. The amount is calculated Street, Greeley, Colorado 80631,
by factoring a per-day rate paid on October 22,2012. All persons in
A. As a vital part of our Amend Sec. 3-6-50. Family and R. Covered military member from the military BASE wages only any manner interested in the reading
security,a Weld County identification medical leave policy. means the employee's spouse, and then multiplies the per-day rate of said Ordinance are requested to
badge with the employee's name, son, daughter. or parent on active by the number of days entered as attend and may be heard. Please
photo,and department will be issued A. General provisions. It is duty or call to active duty status. military leave. contact the Clerk to the Board's
on the first day of employment. The the policy of the County to grant up Employees are eligible to take office at phone (970) 336-7215,
ID badge may also permit access to twelve (12)weeks of family and FMLA leave because of a qualifying G. Please note, that if the ! Extension 4225, or fax (970) 352-
into some secured areas in County medical leave during any rolling exigency when the covered military orders or an authorized attendance 0242,prior to the day of the hearing
buildings. i twelve-month period to eligible member is on active duty or call to of drill assignment email is not if, as the result of a disabilit , you
employees, in accordance with active duty status in support of a received by the Department of require reasonable accommodations
B. Weld County ID Badges the Family and Medical Leave Act contingency operation as either a Human Resources and Payroll,then in order to participate in this hearing.
are to be used primarily for official of 1993 (FMLA). The County will member of thereserve components I the military hours will remain unpaid Any backup material, exhibits or
County business only. Badges grant up to twenty-six(26)weeks of (Army National Guard of the United and no further action is needed to information previously submitted to
given to employees to access the family and medical leave to eligible States, Army Reserve, Navy supply the military LES; however if the Board of County Commissioners
Centennial Building or other County employees to care for a covered Reserve,Marine Corps Reserve,Air an employee did provide the orders I concerning this matter may be
buildings or meetings are not to be service member with a serious National Guard of the United States, or authorized attendance of drill examined in the office of the Clerk to
used for personal business. Any I injury or illness. The leave may be I Air Force Reserve and Coast Guard assignment email so that the military • the Board of County Commissioners,
employee using their badge to gain paid, unpaid or a combination of Reserve),or a retired member of the leave was paid by the County,then located within the Weld County
access to the courts, or any county paid and unpaid, depending on the Regular Armed Forces or Reserve. the military LES must be received Administration Building, 1150 O
building for personal reasons will circumstances and as specified in An employee whose family member within the thirty(30)day time frame Street, Greeley, Colorado, between
face disciplinary action and will have this Article. is on active duty or call to active duty following the retum of the employee the hours of 8:00 a.m. and 5:00
their badge confiscated. status in support of a contingency !! from the military assignment or the p.m., Monday thru Friday, or may
B-No change operation as a member of the military leave paid by the County will be accessed through the Weld
C. Lost or stolen cards Regular Armed Forces is not elidble all be due back to the County.
should be reported to Human C. In order to qualify as to take leave because of a qualifying ■ see LEGALS
Resources as soon as possible. I FMLA leave under this policy, the ! exigency. Amend Sec.34-150.Clinic time.
employee must be taking the leave
D. Upon termination, I for one of the reasons listed below. Amend Sec. 34-90. Leave of A. Paid"clinic time"will be page 17
WWW.FFLUPT0NPRESS.COM WEDNESDAY,OCTOBER 10,2012
LEGAL NOTICES
IEGALS 2. Ensure that non-covered discovery of the release. Removing PHI from machine in their area that will be
departments are restricted fromI mainframe disk drives being sold utilized to send and/or receive
accessing,using,or disclosing PHI, I 2. Covered Department or replaced, using the appropriate protected health information. This
from page 14 as if the non-covered departments shall apply appropriate sanctions initialization utilities; FAX machine must not be accessible
were separate legal entities. against members of its workforce to the public and should only be
who fail to comply with the e. Erasing diskettes to accessible to staff directly involved
3. Protect against ! Covered Department policies and be re-used using a special utility in patient care of those authorized to
reasonably anticipated threats, procedures, to prevent recovery of data; or handle faxed information.
the request. hazards, or impermissible destroying discarded diskettes.
disclosures of PHI. 3. The type of sanction 5. The faxed information
J. Business Associates applied shall vary depending on the 3. Hardcopy (Bulk must be accompanied by special
of Covered Departments shall B. The Director of the severity of the violation, whether Disposal). FAX cover sheet specifically
comply with the requirements of the Covered Department, with the the violation was intentional or designated for faxing of protected
section. assistance of the Privacy Officer, unintentional, whether the violation a. Secure methods shall health information. Each page of
shall: indicates a pattern or practice of be used to dispose of hardcopy data intended FAX should be stamped or
K. The Privacy Officer is improper access, use or disclosure and output. marked "confidential". In the event
responsible for responding to a 1. Have the continuing of health information, and similar of a misdirected FAX, recipient
request from an individual for an responsibility to ensure that factors. b. PHI printed material should be directed to immediately
audit trail of instances when their individual members of the Covered shall be shredded and recycled by destroy the fax.
PHI has been disclosed for purposes Department's workforce have E. Employees, agents, a firm specializing in the disposal of
other than treatment, payment, or appropriate access to the minimum and other contractors should be confidential records or be shredded 6. Covered Employees
health care operations. amount of PHI necessary to their aware that violations of a severe by an employee of Covered authorized to FAX protected health
work duties; nature may result in notification to Department authorized to handle information must take reasonable
Sec. 3-15-160. Complaints law enforcement officials as well and personally shred the PHI. steps to confirm the accuracy of
regarding these policies and 2. Ensure that workforce as regulatory, accreditation, and/or the FAX numbers and security of
procedures. members receive necessary training licensure organizations. c. If hardcopy PHI (paper, recipient machines.
in order to comply with these microfilm, microfiche, etc.) cannot
A. As specified in 45 requirements; F. The sanction policy and be shredded,it must be incinerated. 7. When possible, a FAX
C.F.R. §164.530(d), Covered procedures contained herein do not confirmation slip should be printed
Department shall provide a process 3. Ensure that each apply specifically when member(s) B. Documentation of PHI from the FAX machine or e-FAX
for individuals to make complaints individual with access to electronic of Covered Department's workforce: Disposal. for each outgoing transmission
concerning Covered Department's PHI can be individually tracked with and machine operators must also
policies and procedures regarding unique user identification; 1. Oppose any act made 1. To ensure that it is in fact verify that the intended destination
the use or disclosure of PHI, or its unlawful by the HIPAA Privacy rule, performed, employees or a bonded matches the number on the
compliance with such policies and 4. Use hardware,software, provided the individual or person destruction service must carry out confirmation. The confirmation
procedures. or procedural mechanisms to has a good faith belief that the act the destruction of PHI. should be attached to the document
document electronic activity opposed is unlawful,and the manner that was transmitted and kept as
B. The Privacy Officer related to PHI and protect it from of the opposition is reasonable and 2. If Covered Department part of the individual's record. If the
shall be Covered Department's improper transmission, alteration or does not involve a disclosure of PHI personnel undertake the destruction I confirmation slip cannot be obtained
designated contact for individuals destruction; in violation of the HIPAA Privacy of the records, the employee must from the FAX machine,sender must
to file complaints pursuant to this rule; use the records destruction form ' attempt to verify recipient.
policy.The Privacy Officer should be Sec. 3-15-190. Breach of provided by designated personnel,
contacted in order to file complaint Security. 2. Disclose PHI as a if the record is found on the record 8. Knowledge of a violation
concerning Covered Department's whistleblower and the disclosure retention schedule for the Covered or potential violation of this policy
policies and procedures required A. Breach means the ! is to a health oversight agency, Department destroying the record. must be reported directly to the
by the HIPAA privacy rule. or its improper acquisition, access, use, ! public health authority, or an Privacy Officer
compliance with such policies and or disclosure of protected health attorney retained by the individual 3. If a bonded destruction
procedures. The Privacy Officer information which compromises for purposes of determining the company undertakes the destruction, 6 B. Receiving PHI by FAX.
shall document all complaints. the security or privacy of the individual's legal options with regard I the bonded destruction company
protected health information, which to the whistleblower activity,or I must provide Covered Department 1. When expecting the
C. Covered Department poses a significant risk of financial, with the document of destruction that arrival of a FAX containing protected
shall not require individuals to reputational, or other harm to the 3. Is an employee who is a contains the following information: health information, schedule with
waive their rights to file a complaint individual. Breach does not include: victim of a crime and discloses PHI to the sender whenever possible to
with the Department of Health and de-identified information; good faith a law enforcement official, provided a. Date of destruction; ensure that the faxed documents
Human Services as a condition of unintentional or inadvertent use that the PHI is about a suspected i can be promptly removed from the
the provision of treatment,payment, or disclosure of PHI that does not perpetrator of the criminal act. b. Method of destruction; FAX machine.
enrollment in a health plan, or result in further improper use or
eligibility for benefits. disclosure. G. Failure by any Covered c. Description of the 2. Each Covered
Employee to comply with these disposed records; Department must designate
D Covered Department B. Covered Department, policies or Procedures shall employees who are authorized to
shall refer all complaints regarding with the assistance of the Privacy subject such Covered Employee d. Inclusive dates covered; handle PHI who will be responsible
potential HIPAA privacy violations Officer,shall. to disciplinary action, up to and to check FAX trays at scheduled
to the Privacy Officer. The Privacy including termination. e. A statement that the intervals and disseminate their
Officer shall document all complaints 1. Take all necessary steps i records have been destroyed in the contents tc the appropriate
received,and their disposition,if any, to mitigate any harmful effect that is Sec. 3-15-200. Destruction and I normal course of business;and responsible parties.
for a period of at least six years from known to Covered Department of a Disposal of PHI.
the date of its creation or the date use or disclosure of PHI in violation f. The signatures of ' 3. Staff responsible for
when it last was in effect,whichever of Covered Department policies and Covered Department the individuals supervising and ! routing protected health information
is later procedures. shall make reasonable efforts to witnessing the destruction must be sure that they leave it in a
dispose of PHI in a manner that !. secure/confidential location.
E. It is the responsibility of 2. Establish procedures protects the confidentiality of the C. Enforcement. All
all Covered Department employees for responding to an emergency information. supervisors are responsible for 4. If there is need to
to report perceived misconduct, that damages PHI, including a enforcing this policy.Individuals who destroy any information it must be
including actual or potential violations data backup and recovery plan, A. Destruction of PHI violate this policy shall be subject to ' done either by shredder or placed
of the Privacy rules or these policies, and continuing to provide critical the disciplinary process as outlined in a confidential/secured trash bin.
procedures. services. 1. Destruction of Paper in the disciplinary and sanctions Protected health information must
Copies and Original Documents policy. never be discarded in non-secured
F. Covered Department 3. Re-evaluate these (Day-to-Day Disposal). trashcans.
shall maintain an "open-door procedures periodically to ensure D. Covered Department
policy"at all levels of management compliance with HIPAA. a. Printed material (e.g., shall protect individually identifiable 5. Knowledge of a violation
to encourage employees to report faxes,printedemails,etc.)containing health information transmitted or or potential violation of this policy
problems and concerns. C. Notice In the event of a PHI must not be discarded in trash maintained. Covered Department must be reported directly to the
breach, Covered Department, with ! bins, unsecured recycle bags or is committed to safeguarding PHI' Privacy Officer.
Sec.3-15-170. Policy prohibiting the assistance of the Privacy Officer, other publicly accessible locations. in order to operate in a manner that
retaliation. shall: ' Instead this information must be is consistent with applicable federal BE IT FURTHER ORDAINED by the
shredded. placed in a secured and State laws and regulations. Board that the Clerk to the Board be,
A. Covered Department 1. Mail written notice to i recycling bag, or destroyed by and hereby is, directed to arrange
shall follow all necessary procedures all individuals whose PHI has or cutting,tearing or burning. E. If there is need to for Colorado Code Publishing to
to protect against any retaliation may have been breached without destroy any information it must be supplement the Weld County Code
toward any employee, individual, unreasonable delay,and in no case b. The user may elect done either by shredder or placed with the amendments contained
or other for exercising their rights or more than 60 days.Such notice shall to use either shredding, secure in a confidential/secured trash bin. herein, to coincide with chapters,
participating in any process pursuant be written in plain language and recycle bags, or other options for PHI must never be discarded in non- articles, divisions, sections, and
to internal policies, applicable law, include a brief description of what the destruction of these documents, secured trashcans. subsections as they currently exist
and/or regulation. happened,the date,the type of PHI as long as the destruction is in within said Code; and to resolve
involved, any steps the individual accordance with this policy. It is F Knowledge of a violation any inconsistencies regarding '
B. Any Covered Employee should take to protect themselves the individual's responsibility to or potential violation of this policy capitalization, grammar, and
who commits or condones any from further harm,what the Covered ensure that the document has been must be reported directly to the numbering or placement of chapters, I
form of retaliation shall be subject Department is doing to investigate, secured or destroyed And it is the Privacy Officer articles, divisions, sections, and I
to discipline up to, and including, mitigate, and protect from further supervisor's responsibility to ensure subsections in said Code.
termination. harm, and contact procedures for that their employees are adhering to Sec.3-15-210. Transmittal of PHI.
further information. Such notice the policy. BE IT FURTHER ORDAINED by r
C. Covered Department shall be provided to local media i A. Transmittal of PHI by the Board if any section,subsection,
shall not retaliate against employees, if the breach affects 500 or more ' c. Microfilm or microfiche FAX. i paragraph, sentence, clause, or i
individuals,or others for: individuals. must be cut into pieces or chemically ' ; phrase of this Ordinance is for
destroyed. 1. PHI should be hand i any reason held or decided to be :
1. Filing a complaint with 2. Notify the DHHS delivered or mailed whenever unconstitutional,such decision shall
Covered Department; Secretary without unreasonable d. After documents have i possible. Faxing of protected health • not affect the validity of the remaining
delay of any breach involving 500 or reached their retention period, all information internally to authorized portions hereof. The Board of
2. Testifying, assisting, more individuals. All other breaches PHI must be securely destroyed employees is allowable at anytime County Commissioners hereby
or participating in an investigation, must be documented and submitted using the Covered Department to facilitate treatment, payment and declares that it would have enacted
compliance review, proceeding, or to the Secretary annually. record retention process governing health care operations,provided the this Ordinance in each and every
hearing;or destruction of records. guidelines outlined in this policy are section, subsection, paragraph,
3. If the Covered adhered to. sentence,clause,and phrase thereof
3. Opposing in good faith Department received notice from a 2. Destruction of Electronic irrespective of the fact that any one
any act or practice made unlawful law enforcement official that sending Media 2. Faxing of protected health or more sections, subsections,
by the HIPAA Privacy rule,provided the notice as required by this information outside of the facility is paragraphs, sentences, clauses,
that the manner of the opposition subsection would impede a criminal a. Secure methods shall allowable in situations when health or phrases might be declared to be
is reasonable and does not itself investigation or cause damage to be used to dispose of electronic information is needed immediately unconstitutional or invalid.
violate law. national security. Sending such data and output. The `Information for patient care purposes,continuing
notice shall be delayed by thirty(30) Services (IS) Covered Department] care placement, payment or when NOTICE
Sec.3-15-180. Security of PHI. days if the request is made orally, is responsible for the destruction mail or courier delivery will not meet
and for as long as may be requested of electronic copies containing a necessary timeframe. PURSUANT to the Weld County
A. Covered Department in writing by such law enforcement PHI, including any media that may Home Rule Charter, Ordinance
shall: official. be reused. However, employees 3. Faxing of sensitive Number 2012-10 published above,
• may dispose of the electronic data health information such as that was introduced and,on motion duly
1. Protect individually D. Covered Department themselves using the following dealing with mental health,chemical made and seconded, approved
identifiable health information shall utilize the following process to methods: dependency, sexually transmitted upon first reading on October 3,
transmitted or maintained by mitigate the effect of an unauthorized diseases, HIV or other highly 2012. A public hearing and second
Covered Department, regardless release of PHI by an employee: b. Deleting on-line data personal information is prohibited reading is scheduled to be held
of form (e.g., patient name, patient using the appropriate utilities; unless requirements above are met. in the Chambers of the Board,
number,address,telephone number, 1. Any unauthorized located within the Weld County
social security number,etc). release of PHI shalt be immediately c. "Degaussing" computer 4. Each Covered Administration Building, 1150 O
reported to Privacy Officer upon tapes to prevent recovery of data; Department must designate a FAX Street, Greeley, Colorado 80631,
I
LEGALS
from page 15
County Web Page (www.co.weld.
co.os). E-Mail messages sent to
an individual Commissioner may
not be included in the case file. To
ensure Inclusion of your E-Mail
correspondence into the case file,
please send a copy to egesick@
co.weld.co.us.
SECOND READING: October 22.
2012,at 9:00 a.m.
THIRD READING: November 14,
2012,at 9:00 a.m.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED: October 5,2012
_PUBLISHED: October 10,2012,in
the Fort Lupton Press
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