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WELD COUNTY
CODE ORDINANCE 2012-]ORB 0] 2
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER
](:RAPPER S AND NAME TO AMEND],OF THE WELD COUNTY CODE
HE 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,Colomdo.and
WHEREAS,the Board of County Commissioners.on December 28,2000,adopted Weld County
Cade Ordinance 2000E I.enacting a comprehensive Code for theCounty 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, TDEREFORE. BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that certain existing Chapters of tbe Weld County Code he,and hereby
are.repealed and re•enacred,with amendmenhc and the various Chapters are revised to read as follows.
Section 1.Weld County Code Section 3-3-10 shall be amended as follows:
Sec.3-3-III.E peelations of proper conduct.
(A)19.Falsifying County records or reports including one's time or the time of another.
19.20.Violation of any policy duly adopted by resolution or ordinance of the Board of County
Commissioners and set forth in Chapters I and 2 of this Code. including, but not limited to,
smoking in buildings and vehicles under the contort of the County and lobbying by County
employees without authorization.
Section 2.Weld County Code Sea.3-3-70 shall be amended as follows;
Sec.3-3-711-Suspension and termination for charge with crime.
D.For the purposes of this Section.crime shall be defined as a felony or elope 1 sr 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 tam crime does not include petty offenses.
Section 3.Weld County Code Section.1-3-120 shall be added as follows:
Sec.34-120.ID Badge Policy
PAGE 1 2 2012-2004
As a vital part of our security, A Weld County identification badge with your name, photo
and department will be issued to you on your first day of employment. The ID badge may
also permit access into some secured areas in our buildings.
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.
Lost or stolen cards should be reported to Human Resources as soon as possible.
Upon termination, employees will be required to return ID badges to their Supervisor or
Human Resources.
Section 4. Weld County Code Section 3-4-70 shall be amended as follows:
Sec. 3-4-70. Grievance hearing.
I. Review of appeal.
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.
Section 13. Weld County Code Section 3-7- 10 shall be amended as follows:
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,
PAGE 2 2012-[Document Number]
ORD2012-[ORD #]
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 sub sections 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 sub-sections 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.
The above and foregoing Ordinance Number 2012-[ORD #] was, on motion duly made and
seconded, adopted by the following vote on the [Notarial Date] day of [Month], 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-Tem
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Publication: [Pre-Publish Date], 2012
First Reading: [First Reading], 2012
Publication: [First Publication], 2012, in the Fort Lupton Press
Second Reading: [Second Reading], 2012
Publication: [Second Publication], 2012, in the Fort Lupton Press
Final Reading: [Final Reading], 2012
Publication: [Final Publication], 2012, in the Fort Lupton Press
Effective: [Effective Date], 2012
PAGE 3 2012-[Document Number]
ORD2012-[ORD #]
WELD COUNTY
CODE ORDINANCE 2012-[ORD #]
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER
[CHAPTER # AND NAME TO AMEND], 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.
Section 5. Weld County Code Section 3-6-05 shall be added as follows:
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.
Section 6. Weld County Code Section 3-6- 10 shall be amended as follows:
Sec. 3-6-10. Vacation leave.
A. No annual leave is earned during the first six (6) months full pay periods of employment.
Upon successful completion of the first six (6) months 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) 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 must be
earned prior to being available to the employee.
Section 8. Weld County Code Section 3-6-30 shall be amended as follows:
Sec. 3-6-30. Sick leave bank.
(B)(3) i. Not more than five (5) months shall be granted to one ( 1 ) member in a two-year period.
unpaid leave.
Section 9. Weld County Code Section 3-6-50 shall be amended as follows:
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.
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.
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.
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 rolling
twelve-month period. Tie County wi use tie twelve mont 1 perioc measuree -orwarc from tie
cute any emp ogee's first -=MLA cave begins in cetermining tic twelve ( 12) weeks of cave
entitlement. -Eligible employees can take up to twenty-six (26) weeks of leave to care for a
covered service member measured forward from the first elate the employee takes leave for
that purpose.
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 day 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.
S. 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.
Section 10. Weld County Code Section 3-6-90 shall be amended as follows:
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:
2. While the employee is on unpaid leave, health benefits will continue at the same level and
under the same conditions as if the employee had continued to work, as long as the employee
pays the employee's and employer's portions of the premium. The employee must continue to
make this payment, either in person or by mail. The payment must be received in the Department
of Accounting by the end of each month. If the payment is more than thirty (30) days late, the
employee's health care coverage may be dropped for the duration of the leave. 16-4144d3. If the employee contributes to a If an employee is enrolled in a supplemental life insurance ``'
plan, this coverage will stop during a leave of absence. the employee must continue to make
nose payments. = t le cmp oyee toes not continue t iese payments, The Weld County Life
Insurance plan requires that an employee be actively working to be eligible for coverage,
therefore the County may will discontinue the employee's basic life plan as well as any
supplemental life coverage during the leave period. or will recover the payments at the end of
the leave period in a manner consistent with the law..
Section 11 . Weld County Code Section 3-6- 140 shall be amended as follows:
Sec. 3-6-140. Military leave of absence.
A. Any elected official, department head or employee who is a member of the National Guard or
reserve forces is entitled to receive up to fifteen ( 15) days per calendar year military leave of
absence (military leave). Military leave is granted without loss of pay, seniority, status,
performance rating, vacation leave, sick leave or other benefits for all of the time the individual is
engaged in training or service as ordered by an appropriate military authority.
B. Upon returning to work, the elected official, department head or employee shall pay to the
County all wages received from the *National 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 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 voucherLeave 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. If an elected official's, department head's or employee's military status changes from reserve to
active in time of war or other emergency as declared by proper military authority (extending
beyond the fifteen [ 15] days per calendar year), the individual shall be entitled to leave without
pay until reinstated following the active service time.
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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 ilt-t;
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.
Section 12. Weld County Code Section 3-6- 150 shall be amended as follows:
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 ,
2010) through December 31 , 2010. 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.
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 sub sections 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 sub-sections 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.
The above and foregoing Ordinance Number 2012-[ORD #] was, on motion duly made and
seconded, adopted by the following vote on the [Notarial Date] day of [Month], 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-Tem
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Publication: [Pre-Publish Date], 2012
First Reading: [First Reading], 2012
Publication: [First Publication], 2012, in the Fort Lupton Press
Second Reading: [Second Reading], 2012
Publication: [Second Publication], 2012, in the Fort Lupton Press
Final Reading: [Final Reading], 2012
Publication: [Final Publication], 2012, in the Fort Lupton Press
Effective: [Effective Date], 2012
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