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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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 duly 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
lt. Falsifying County records or reports_jgcludinq one's time or the time of another
1920. 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
PAGE 1 2012-2607
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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 el ec 2
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 Cpunly identification badge with the employee's
name, photo and department will be Issued on the first day of employment. The ID
badge may also p4rmjt.acSeSs into some secured areas in County buildings.
8. 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 p4ra-oval reasons will face
disciplinary action and will have their badge confiscated.
C. Lost or stolen cat should be reported to Human Resources as soon as egsSiblQ,
p. 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
I. 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 OW 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
PAGE 2 2012-2607
OR02012-8
Add Sec.3-6-05. Leave restriction.
An employee may not have mere than six(61 months of combined paid or unpaid leave
during any twelve(121 month period, unless the employees supervisor, in consultation with his
or her department director or elected official. believes it to be in the Counhes 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)menthe-full pay periods of employment.
Upon successful completion of the first six (6) monike 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
atter the successful completion of the first six(6)months 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 most bo earned poor to being availab4e to the emplgyee.
Remainder of Section•No change
Amend Sec.3-640. Sick leave bank.
A through B.3.h-No change
i. Not more than five(5)months shall be granted to one(1)member In a two-year
period. more-than-six-(6) menthe of combined;
leave.
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 retina 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
PAGE 3 2012-2607
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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 duly{or
has been notified of an Impending call or order to active duty) in support of a
continency operation.
6. To Care for a covered service member vnth a serious iniury or illness if the
employee is the spouse, son. daughter. paarent, 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,AQn
eligible employee can take up to twelve(12)weeks of leave under this policy during any
rolling twelve-month period. Ike-County-will-use the-twelve month period measured
yeas-date FIALA trove boginc in determining the-twelve
(12) weeks of leave entigemenl—Eligible employees can take up to twenty-six (261
weeks of leave to care for a covered service member measured forward from the first
date the emplojettakes leave for that purpose.
I through O-No change
P. Covered service member moans a current member of the Armed Forces_ including a
member of the National Guard or Reserves who is underooing medical treatment
rgcuperation, or therapy. is otherwise in outpatient status. or is otherwise on the
temporary disability retired list. for a senous iniury or illness incurred in the line of duly
on active duty.
G. 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
a. 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 Qr call to active duty status of
a covered military member.
PAGE 4 2012-2607
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Q To spend time with a covered military member who is on short-term,temporary,
rest and recuperation leave donna the period of deployment. This gualifvinq
exigency lasts no more than five (51 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 members active duty status.
B. To address issues thatlnse from the death of a covered military member while
on active duty status such as meeting and recovennn the body of the covered
military member and making funeral arrangements.
R. Covered military member means the employees 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 Cofpg Reserve. Air National Guard of the United Stales. Air Force
Reserve and Coa. Guard Reservel or a retired member cal lar Armed Forces
or Reserve. An employee whose family member is on active duty or call to active duty
status in su000rt of a contingency oceralign as a member of the Regular Armed Forces
is not eligible to lake leave because of a qualifying exigency.
Amend Sec.36-90. 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. to-a-If an employee is enrolled in a supplementaLlife
insurance plan, this coverage will stop during a leave of absence- theempteyee
must oonhnuo to make thorn payments. If the employee dooc not continue these
payment-The Weld County Life Insurance plan requires that an employee be
actively working to be eligible for coverage, therefore the County mey-will
discontinue the employee's basic fife plan as well as any supplemental life
coverage during the leave period atteend-of-the
leave-period in .
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 nNational gGuard 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
PAGE 5 2012-2607
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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 pay voucher 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. Copies of military orders chaa-be-sulxnil --and-the
Departmental-Human to the-beginning of military
leave-Form "ary-leave:contact the Department of
Human Resources. The County complies with-all
13, Employment and Reemployment Rights-of-
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 tho military leave time lup 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 mot/Wino 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 militant 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 EASE 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
pot 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 militAfy
LES must be received within the thirty (301 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
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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-four(1)paid visite for
-¶6r2010)-thiro gh-December-34r 2010aaic1
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 Deoarhrrent of Human Resources for the current annual
elotment 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 (81 hours in one f 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.
PAGE 7 2012-2607
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The above and foregoing Ordinance Number 2012-8 was, on motion duly made and
seconded,adopted by the following vote on the 14th day of November:A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Sean P.Conway.Chair
Weld County Clerk to the Board
William F.Garcia.Pro-Tern
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer
APPROVED AS TO FORM:
David E. Long
County Attorney EXCUSED
Douglas Rademacher
First Reading: September 26.2012
Publication: October 10.2012,in the Fort Lupton Press
Second Reading: October 22,2012
Publication: October 31,2012.in the Greeley Tribune
Final Reading: November 14.2012
Publication: November 21,2012;in the Greeley Tribune
Effective: November26,2012
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