The URL can be used to link to this page

Browse Search

Home My WebLink About20101487.tiff 9 WELD COUNTY CODE ORDINANCE 2010-8 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 ARTICLE I General Provisions Amend Sec. 3-1-30. Exempt positions. A - No change B. The County is involved in a number of jobs programs. Participants in the below-listed programs are not regular employees of the County and are not covered by the policies of this Chapter. 1 thru 4 - No change 5. Any other job program which falls into this category and has been approved by the Board of County Commissioners. 1 111111 11111 111111 11111 111111 1111 IIIII III 11111 IIII IIII 3713944 08/25/2010 11:20A Weld County, CO 1 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &U OR ?M,0 PAGE 1 2010-1487 ORD2010-8 Amend Sec. 3-1-40. Personnel records. A. The Department of Human Resources is the custodian of all official personnel/payroll records for current and past employees of the County. The employee's file in the Department of Human Resources will be the official file for all employment inquiries. State law requires that the files be restricted from access by anyone other than an individual who has a direct interest; that is, the employee or the employee's supervisor. Each employee has access to his or her own records. Remainder of Section - No change Amend Sec. 3-1-50. Service awards. A. The County appreciates the extended service of its employees and provides service recognition awards for employees who have completed ten (10), twenty (20) and thirty(30) years of continuous affiliation as an active full-time employee. The service awards shall be presented annually at an awards ceremony scheduled by the Board of County Commissioners. Remainder of Section - No change ARTICLE II Employment Information Amend Sec. 3-2-100. Working after retirement. A. Employees retiring from County service must separate their regular employment from the County in order to draw benefits from the Weld County Retirement Plan. They do not have a right or expectation of continued employment with the County after retirement. Contract employment of a retired employee must be justified by the elected officer or department head, shall be"at will,"and shall be governed by terms and conditions set forth in a contract signed by the Board of County Commissioners and the retired employee, pursuant to the requirements of this Section. The form of such contract is found in Appendix 3-C. Retired employees working pursuant to such contracts are referred to in this Section 3-2-100 as "Working Retirees." B. Working Retirees may not receive disability insurance coverage, but may be eligible for health, dental, vision, and life insurance either as a reemployed worker or through the retiree health plan, if he or she qualifies. 1. Hourly. An hourly retiree employee is paid only for the hours worked and is not eligible to receive benefits. 2. Part-time. A part-time retiree employee is regularly scheduled to work less than forty (40)hours per week. The part-time employee who consistently works at least twenty (20) hours per week may be eligible for certain benefits. 3. No right to work. A retiree does not have the right to work under this option. The continued employment of a retiree in a phased retirement status must meet the operational needs of the County as determined by the department head or elected official. I 1111 11111 11111 D NII 1111111111111 1111111111111 PAGE 2 201ORD0- 087 3713944 08/25/2010 11:20A Weld County, CO 2 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 4. Health insurance coverage. A retiree working under a phased retirement option may be eligible for continued health insurance coverage through the County's health insurance provider. C. Department heads who are Working Retirees shall receive a proration of department head benefits based on the number of hours worked, as depicted in Table 3.2, below. As with full- time department head positions, no sick leave or vacation accrual applies. Table 3.2 Proration of Benefits Weekly Hours Annual Hours Retiree Status 38 1,976 .95 34 1,768 .85 30 1,560 .75 20 1,040 .50 D. Employees retiring from County service under the State of Colorado PERA retirement program shall be governed by PERA rules and regulations for employees working after service or disability retirement. Refer to PERA rules and regulations. E. Working Retirees returning to work at 20 hours or more per week(20 to 38 hours per week). "Working Retiree"status is only available for those employees who are eligible to retire(age 55) and whose service and age, when added together at retirement, equals 80 or more (example: 55 year old individual, with 25 years of service). Other rules and restrictions applying to Working Retirees working 20 to 38 hours per week shall include the following: 1. The retired employee is "rehired" as a Working Retiree. a. For individuals at Step 1-5, no drop in step level would occur. b. Individuals at Steps 6 or 7 would drop to Step 5. c. Individuals at Steps 8 or 9 would drop 2 Steps. d. Not eligible for Step increases. e. Not eligible for promotions. 2. Return to benefit accruals as a new employee. 3. Not eligible for Sick Leave Bank. 4. With the exception of certain Public Works positions, Compensatory Time will be paid out upon termination; Working Retiree not eligible for Compensatory time, overtime will be paid out as earned. Public Works employees who are qualified for Compensatory time prior to becoming working retirees will still be eligible. 5. Working Retirees have a two (2)year"cap," meaning that they will only be allowed to participate in the Working Retiree program for a maximum of two(2)years. Waivers to the two (2) year can may be granted by the Board of County Commissioners for IIIIII 1111 IIIIII IIIII 111111 11111 11111 III 11111 IIII IIII PAGE 3 2010- 1087 3713944 08/25/2010 11:20A Weld County, CO 3 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder employees who are Grade 55 or above, or because of their specialized skills, experience or education, are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement, each Working Retiree shall be required to sign an "at-will" employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. 6. No Working Retiree may work more than a total of one thousand nine hundred seventy-six (1,976) hours annually, January to January. 7. Working Retirees who are working 20 hours per week or more under agreements signed prior to July 6, 2010, shall be grandfathered to continue in the program without meeting the above "Rule of 80" and will continue at the same Grade/Step they are currently; however, all other rules set forth above shall apply, meaning the following rules shall apply to them: a. Same Grade/Step as of July 6, 2010. b. Not eligible for further step increases. c. Not eligible for further promotions.mm cc d. Return to new employee benefit accruals. =o0a IVY ;, e. Not eligible for Sick Leave Bank. = =U 5 f. With the exception of certain Public Works positions, Compensatory Time _ o will be paid out upon termination; Working Retiree not eligible for NM=-3 Compensatory time, overtime will be paid out as earned. Public Works tea; employees who are qualified for Compensatory time prior to becoming wiagjva working retirees will still be eligible. —rO Nrm-r o g. Working Retirees have a two (2) year "cap," meaning that they will only be hoc allowed to participate in the Working Retiree program for a maximum of 2 ��g years. Waivers to the two (2) year cap may be granted by the Board of � c County Commissioners for employees who are Grade 55 or above, or � s because of their specialized skills, experience or education, are determined r by the Board to be desirable for continued employment. Prior to employment -Cr) with Weld County post-retirement, each Working Retiree shall be required to o =M� sign an "at-will" employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. F. Working Retirees returning to a part time position (19 hours or fewer per week). "Working Retiree" status is only available for those employees who are eligible to retire (age 55) and whose service and age,when added together at retirement, equals 80 or more(example: 55 year old individual, with 25 years of service). Other rules and restrictions applying to Working Retirees working 19 hours or less per week shall include the following: 1. "Rehired" as a Working Retiree in the appropriate grade of the position they will be filling, step 1 as with any new hire. PAGE 4 2010-1487 ORD2010-8 2. Vacation and, if appropriate, sick time benefits paid out upon termination of regular employment. 3. Position will not be considered job share, nor will the employee receive job share benefits. 4. Follows all other policies of part time employment. 5. Not eligible for promotions. 6. No maximum time limit. 7. Working Retirees working 19 or fewer hours per week under agreements signed prior to July 6, 2010, shall be grandfathered to continue in the program without meeting the above"Rule of 80"and will continue at the same Grade/Step they are at on July 6, 2010; however, the following rules shall apply to them: a. Vacation and, if appropriate, sick time benefits paid out upon termination of regular employment. b. Follows all other policies of part time employment. c. Not eligible for promotions. d. No maximum time limit. I UM 1111 1111 11111 1111 111 I I I I I I111111111 3713944 08/25/2010 11:20A Weld County, CO 5 of 15 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PAGE 5 2010-1487 ORD2010-8 Amend Sec. 3-2-110. Benefit table. Table 3.3 describes benefits by employee type for County employees: Table 13 Benefit Table by Employee Type F"u/kTTme Job Part-Time 20-39 ' Temporary or less II/Orkiug .HataRegular Share maraud : hourshoeek that 29hours/week 39-38 hoursrweek Step Progression Yes Yes No **No **No No Health Insurance Yes *Yes *Yes *Yes No *Yes Disability Insurance Yes Yes No Yes No No D— Lifia Insurance Yes Yes No Yes No Yes C :Retirement Plan't' Yes No No No No No d ( )Sic#t.eive Yes *Yes No No No *Yes o od S V Veen**Leave Yes *Yes No No No *Yes d „ o Holiday Pay ! Yes *Yes No No No *Yes 0 0 m i Personal Leave Yes *Yes No No No *Yes 3 o i Bereavement Leave Yes *Yes No No No *Yes tttttt� � mimicr e? Sick LeaveBsnk Yes *Yes No No No No mmi Ny r p Grievance Rights Yes Yes No No No No o * Prorated. An employee must consistently work twenty(20)hours or more per week to receive a prorated al oT a health insurance benefit. o ** Paramedic Services—yes. N rD o + All employees of the Department of Public Health and Environment will be members of PERA. m o Working after retirement employees must refer to their employment contracts for explanation of immice,cc benefit eligibility. al we In �� o =i= ARTICLE VI Leave Time Benefits Amend Sec. 3-6-20. Sick leave. A. Sick leave is not a right. It is a privilege given to eligible employees to be used in the following circumstances: 1 - No change 2. When the employee has medical, surgical, dental or optical examinations or treatment. a. When planning medical treatment or appointments an employee should consult with their supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations. The employee and supervisor will attempt to work out a schedule for such leave that meets the needs of both the employer and the employee. In cases PAGE 6 2010-1487 ORD2010-8 where a disruption may occur, the employee shall notify their supervisor as soon as they are aware of the treatment or appointment. 3. An employee who is required to care for members of their immediate family, as defined under the Federal Medical Leave Act(FMLA)(spouse, child or parent),who are ill, may use a maximum of forty(40)hours total per calendar year of accumulated sick leave. (Prorated for job share employees.) For the purposes of the FMLA, the employee's child must be under the age of eighteen (18), or if older there must be medical certification showing the child is disabled. 4 - No change B thru G - No change H. Under no circumstances may sick leave be used for more than a total of six (6) months within any twelve (12) month period. D Wai Remainder of Section - No change mom rc Y Amend Sec. 3-6-40. Short-term disability. mod mom 0 0 Employees who are not eligible for the Sick Leave Bank; such as those who have less than 22 one (1) year of participation in the Bank, or who do not wish to join the Bank may purchase g short-term disability insurance provided as a group policy by the County. The employee pays the g total premium for this insurance. An employee may not draw from both the Sick Leave Bank and the EM-ig y Anthem Short Term Disability program at the same time. If an employee enrolls in both the Anthem r Short Term Disability and the Sick Leave Bank for their first year, it is the employee's responsibility o to cancel one of the plans after their first year of employment. mim o Amend Sec. 3-6-50. Family and medical leave policy. Co rc A thru N - No Change imm ms.vIn -M' O. Procedure for requesting leave. ^ —"^ 1. Except where leave is not foreseeable, all employees requesting leave under this policy must submit the request, in writing, to their immediate supervisor and the Department of Human Resources. The supervisor will forward a copy to the Department of Human Resources. Remainder of Section - No Change Amend Sec. 3-6-70. Holidays. A. Employees will be paid for the equivalent of eight(8) hours of Holiday Pay for each holiday recognized by the Board of County Commissioners through the procedure detailed below, with such Holiday Pay being prorated accordingly for job share employees. All regular and job share employees will receive paid holidays. Dates will be established annually and will be published by resolution of the Board of County Commissioners. Recognized holidays may include the following: 1. New Year's Day. PAGE 7 2010-1487 ORD2010-8 2. Martin Luther King Day (floating). 3. President's Day. 4. Memorial Day. 5. Fourth of July. 6. Colorado Day (floating). 7. Labor Day. 8. Columbus Day (floating). 9. Veterans Day. 10. Thanksgiving Day. 11. Christmas Day. Remainder of Section - No Change 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. While the employee is on unpaid leave, the employee's vacation and sick leave accruals will stop. 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 30 days late, the employee's health care coverage may be dropped for the duration of the leave. 3. If the employee contributes to a life insurance plan, the employee must continue to make those payments. If the employee does not continue these payments, the County may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a manner consistent with the law. 4. If health and/or life benefits are terminated during the leave of absence due to non- payment of premium, the employee will be required to wait until Open Enrollment to re-enroll in those benefits. Remainder of Section - No Change I IIIIIl 1111111111111111 X11111 �tIll �liii III 11111//1 Ill 3713944 08/25/2010 11:20A Weld County, CO Add Sec. 3-6-150. Clinic time. 8 of 15 R 0.00 0 0.00 Steve Moreno Clerk& Recorder A. Paid "Clinic Time" will be allotted to Weld County employees who are enrolled in a Weld 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(4)paid visits for use from the date of Clinic opening (July 15, 2010)through December 31, 2010. An annual allotment of paid visits for each Eligible Employee will be made in December of each year for use during the subsequent year. PAGE 8 2010-1487 ORD2010-8 B. Use of Clinic Time will be tracked by the Eligible Employee in PeopleSoft's Time and Labor system. After an Eligible Employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used, if approved by the supervisor. Unused visits will expire on December 31st of each year and will not be carried over into the next year. Employees are encouraged to visit the Clinic anytime during non-working hours. ARTICLE VII Wages and Hours Amend Sec. 3-7-30. Compensation for overtime. A and B - No Change C. All nonexempt employees are required to enter their time into PeopleSoft's Time and Labor system for each pay period. Exempt employees are responsible for entering their "non- working" time into this system (i.e. vacation, sick, personal, etc.) Pay cycles may vary but County pay periods will remain the 16th of the month through the 15th of the next month and payable on the last working day of the month. These records will be retained for a period of three (3) years. D. Compensatory time may be given in lieu of pay with the approval of the department head or elected official. If compensatory time is approved by the department head or elected official, the employee must sign an agreement annually. These agreements may be changed only during open enrollment, or at the end of the Fiscal Year. Remainder of Section - No Change ARTICLE VIII Health and Safety Amend Sec. 3-8-20. Reporting of injuries. 1 111111 11111 111111 11111 111111 11111 11111 111 111111111101 A - No Change 3713944 08/25/2010 11:20A Weld County, CO 9 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder B. The Employee's Written Notice of Injury to Employer must be completed, signed and submitted to the Department of Human Resources within 24 hours of the accident or occupational disease. The Supervisor's Accident/Incident Report must be completed, signed and submitted to the Department of Human Resources within 48 hours of the accident or occupational disease. C. Workers' compensation claims require the following procedures: 1. Employees injured while performing assigned duties must report the accident immediately for medical evaluation and treatment, as well as to prevent future accidents. 2. Employees seeking medical treatment for a work-related injury must present to one of the County designated providers. PAGE 9 2010-1487 ORD2010-8 3. Worker's compensation leave runs concurrently with FMLA pending leave qualification review and approval. D. Alternative medical services will not be paid unless medical referral is made by the designated provider. Before any injured employee may return to work, a physician's update is required from the designated provider. The injured employee must keep the supervisor, department head or elected official and the Department of Human Resources informed of his or her condition. Injured employees able to perform modified job duties may be assigned temporary positions, if available, by the department head or elected official after consultation with the Department of Human Resources. E. While an employee is on workers'compensation leave,with the exception of the first twenty- four (24) hours, the employee may not use sick or vacation leave, or comp time. F. An employee's status with respect to benefits during leave of absence without pay that is covered under FMLA shall be the same as that stated under the Family and Medical Leave Policy set forth in Section 3-6-50.J.1-4, above. d G. An employee's status with respect to benefits during a leave of absence without pay that is 9 not covered under FMLA. g U rr 1. During workers' compensation leave, an employee does not accumulate sick or �3Y vacation leave. g d 0 2. While on unpaid leave, health benefits will continue at the same level and under the Eire 8 ° same conditions as if the employee had continued to work as long as the employee Mel 2 pays the employee and employer portions of the premium. The employee must o3 CD continue to make this payment, either in person or by mail. The payment must be m received in the Department of Accounting by the end of each month. If the payment �▪ N`" is more than thirty (30) days late, the employee's health care coverage may be "arilo dropped for the duration of the leave. MS 0 fg 3. If the employee contributes to a life insurance plan, the employee must continue to „No make those payments. If the employee does not continue these payments, the =No County may discontinue coverage during the leave period or will recover the o°C payments at the end of the leave period in a manner consistent with the law. -1 '; 4. If health and life benefits are terminated during the leave of absence due to non- e r o payment of premium, the employee will be required to wait until Open Enrollment to �cn,- re-enroll in those benefits. ARTICLE IX Education and Training Amend Sec. 3-9-10. Tuition assistance. A. The County will reimburse an employee for some tuition expenses and lab fees for job- related courses or courses mandated for a job-related degree that have been approved in advance. This does not include books, charges for testing out of a class and most associated fees. There is a limit to the amount an employee can be reimbursed each quarter or semester. The employee can contact the Department of Human Resources for the current limit. Funds for this program are limited to the amount budgeted each year by PAGE 10 2010-1487 ORD2010-8 the Board of County Commissioners. Therefore, requests will be considered with priority given to the earliest date received by the Department of Human Resources. Requests must be approved in advance to commit funds for an employee. Remainder of Section - No Change Add Sec. 3-9-30. Academic Activity Leave. A. In accordance with the Colorado "Parental Involvement in K-12 Education Act," Section 8- 13.3-101, C.R.S., et seq., full time"non-supervisory"and/or"non-executive"employees are allowed up to six (6) hours per month (to a maximum of 18 hours in an academic year) of accrued vacation or personal leave to participate in"academic activities." To be eligible,the employee must be the parent or legal guardian of a child enrolled in a public or private school or in a nonpublic home-based educational program pursuant to Section 22-33-104.5, C.R.S., in Colorado in any grade from kindergarten through twelfth grade. The term "academic year" means the period, not to exceed twelve (12) consecutive months, allotted by a school for the completion of one grade level of study. The term "academic activity" means the following meetings or conferences regarding the employee's child or any child for whom the employee has primary legal responsibility: 1. A parent-teacher conference; or 2. A meeting related to: Special education services, as defined in Section 22-20-103, C.R.S.; response to intervention, as defined in Section 22-2-133(4)(b), C.R.S.; dropout prevention; attendance; truancy; or disciplinary issues. B. Academic activity leave must be taken in no longer than three (3) hour increments. The employee must provide at least one(1)week advance notice of the activity prior to the leave being taken. Weld County may require that the notice be accompanied by written verification from the school of the academic activity. C. Weld County may deny leave requests in cases of emergency or other situations that may endanger a person's health, safety or in a situation where the absence of the employee would result in a halt of service or production. ARTICLE X Pay Practices Amend Sec. 3-10-50. Employee type. 1111111 IIIII 111111 11111 1111 1111111111 III 111111 III IIII The types of employees are listed as follows: 37111 of415 R20.001 D 0.0020Steveeld County,Moreno Clerk 0 rk8 Recorder A. Hourly. Nonexempt employee paid for hours worked. B. Salaried. An exempt employee's monthly pay will be based on the average of one hundred seventy-three and thirty-three hundredths (173.33) hours per month. Amend Sec. 3-10-90. Pay steps. Pay steps are described as follows: Remainder of Section - No Change PAGE 11 2010-1487 ORD2010-8 Repeal Sec. 3-10-110. Family Education Network of Weld County (Head Start). Amend Sec. 3-10-120. Mechanics of the pay system. A - No Change B. Performance evaluation dates and pay step dates should be made to coincide with pay periods. That is, for most employees it would be the sixteenth of the month. Remainder of Section - No Change ARTICLE XII Payroll Amend Sec. 3-12-20. Mandatory payroll deductions. A thru C - No change D. Retirement contributions. The County provides retirement benefits for regular County employees through PERA or the Weld County Retirement Plan. Plan descriptions are as o IMMI follows: mo sow 1 - No change 2. Weld County Retirement Plan. All full-time, regular County employees,except those o 0 on PERA, are required to participate in the Weld County Retirement Plan. The s employee must contribute nine percent (9%) of gross earnings each month. _CST, Employee contributions are deferred from state and federal taxable income. The d County matches all regular contributions. Member employees should refer to the y booklet provided by the Weld County Retirement Board for details of the plan. c,-.1 �rO =T o Amend Sec. 3-12-30. Procedure to correct payroll errors. mmi cm o A. When an error in pay is identified by either the department head or elected official or the an o employee, notification should be made to the Accounting Department or Human Resources �o� immediately so corrections may be made. It is the responsibility of the Accounting Ea '" Department, the department head or elected official and the employee to review pay M o information monthly to assure accuracy and to report errors in a timely manner. r B. If any error results in an underpayment, a separate check will be processed for the additional wages. These checks will be processed either the second Tuesday of the month or the next regular payday, whichever is first. All overpayments discovered will result in a collection action for the total amount. ARTICLE XIII Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-13-150. Random testing. A- No Change PAGE 12 2010-1487 ORD2010-8 B. Employees will be selected anonymously using an identification number having no correlation to actual employee names. The random selection method used shall be a scientifically valid method, such as a random number table or a computer-based random number generator that is mapped to the safety-sensitive employee's social security number. (The current requirement of random testing is to annually complete tests equivalent to twenty-five percent [25%] of the number of covered employees for drug testing and ten percent [10%] of the number of covered employees for alcohol testing.) The selection process will guarantee that each covered employee will have an equal chance of being tested each time selections are made. There is no discretion on the part of management or operations in the selection and notification of particular employees for testing. Random testing must annually complete tests equivalent to twenty-five percent(25%)of the number of covered employees for drug testing and ten percent (10%) of the number of covered employees for alcohol testing,which rates are subject to annual review and adjustment. The employee must report to the collection site immediately after receiving notification of his or her selection from the random pool. It is the responsibility of the Medical Review Officer to maintain the data base of safety-sensitive employees and to perform the random selection of employees to be tested each testing cycle. In the event a randomly selected employee is absent from work on the day his or her test is scheduled, the employee will be tested immediately upon his or her return to work, as practicable, unless the employee fails to return to work before the next randomly selected testing date. Remainder of Section - No Change ARTICLE XIV Implementation of Federal Motor Carrier Safety Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-14-20. Employee categories subject to testing. A thru B - No Change C. The following categories of drivers for the County are subject to the policy and are considered to perform safety-sensitive functions: 1. Service Workers I, II and III. I IIIIII VIII 11111 RI 11111 VIII VIII III 11$1 III /III 2. Lead Worker 3. Welder II and III. 4. Foreman. 3713944 08/25/2010 11:20A Weld County, C0 5. Supervisor. 13 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder D. Although the following categories of drivers for the County do not perform safety-sensitive functions as defined above, pursuant to County policy they are subject to the regulations set forth in this substance abuse policy: 1. Public Works Graders II and III. 2. Weed Control Specialists I and II. 3. Weed Control Lead Worker. 4. Mowers I and II. 5. Vegetation Management Specialist. 6. Flagger/Laborer PAGE 13 2010-1487 ORD2010-8 Remainder of Section - No Change Amend Appendix 3-A -ATTACHED 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 d Commissioners hereby declares that it would have enacted this Ordinance in each and every C o section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that d any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be i . 0 declared to be unconstitutional or invalid. m•moVY z., The above and foregoing Ordinance Number 2010-8 was, on motion duly made and g d seconded, adopted by the following vote on the 12th day of July, A.D., 2010. =-__-0 d M BOARD OF COUNTY COMMISSIONERS WELD COU Y, C LORADO E N ATTEST: ' ' �:/. ( � �� —ro I ' Do/.la ademache , air o Weld County Clerk to th-'oa � � !- y - rim-N c, 1 1861 ZO-�Q„b ( { �i 4 a� :-rbara Kirkmeyer, ro-Tem cc BY: Ca //, a,,D Deputy Clerk to the Bo�.�(j� $ / --------a____1 -wr Seance way -r. cor AP AS • illiam F. G is unt ttorney eOC Davi . Long First Reading: June 9, 2010 Publication: June 19, 2010, in the Windsor Beacon Second Reading: June 28, 2010 Publication: July 1, 2010, in the Windsor Beacon Final Reading: July 12, 2010 Publication: July 15, 2010, in the Windsor Beacon Effective: July 20, 2010 PAGE 14 2010-1487 ORD2010-8 APPENDIX 3-A DRUG USE AND ALCOHOL MISUSE SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS The following entities provide services pursuant to this Policy: Substance Abuse Professional: (referred by Weld County) Cynthia Fravel, LPC, CAC II,NCAC I Qualified Substance Abuse Professional (SAP) 363 W. Drake Road, Suite 2 Fort Collins, CO 80526 FAX: 970-204-7881 Phone: 970-495-4852 Laboratory: MEDTOX Laboratories 402 West County Road D St. Paul, MN 55122 1-800-832-3244 Medical Review Officer: Medical Technical Review Dr. Christine Kasser, M.D., Associate MRO P. O. Box 490 Dr. Jeff Larsen, M.D. Hudson, WI 54016 1-800-880-4444 Persons with questions regarding Weld County's Policies Implementing the Federal Transit Administration Regulations on Drug Abuse and Alcohol Misuse should contact: Michelle Raimer Weld County Department of Human Resources mraimer@co.weld.co.us 970-356-4000 x4233 —Office 970-352-9019— Fax IIIIIIIIIIIIIIIIIIV111111IIIVIIIV111111111111IIIIIII 3713944 08/25/2010 11:20A Weld County, CO 15 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 15 2010-1487 ORD2010-8 Ajtzil e_tad.jua CL-Ajw rnaaJ WELD COUNTY CODE ORDINANCE 2010-8 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 ARTICLE I General Provisions Amend Sec. 3-1 -30. Exempt positions. A - No change B. The County is involved in a number of jobs programs. Participants in the below-listed programs are not regular employees of the County and are not covered by the policies of this Chapter. 1 thru 4 - No change 5. Any other job program which falls into this category and has been approved by the Board of County Commissioners. PAGE 1 2010- 1487 ORD2010-8 Amend Sec. 3-1 -40. Personnel records. A. The Department of Human Resources is the custodian of all official personnel/payroll records for current and past employees of the County. The employee's file in the Department of Human Resources will be the official file for all employment inquiries. State law requires that the files be restricted from access by anyone other than an individual who has a direct interest; that is, the employee or the employee's supervisor. Each employee has access to his or her own records. Remainder of Section - No change Amend Sec. 3-1 -50. Service awards. A. The County appreciates the extended service of its employees and provides service recognition awards for employees who have completed ten ( 10) , twenty (20) and thirty (30) years of continuous affiliation as an active full-time employee. The service awards shall be presented annually at an awards ceremony scheduled by the Board of County Commissioners. Remainder of Section - No change ARTICLE II Employment Information Amend Sec. 3-2-100. Working after retirement. A. Employees retiring from County service must separate their regular employment from the County in order to draw benefits from the Weld County Retirement Plan. They do not have a right or expectation of continued employment with the County after retirement. Contract employment of a retired employee must be justified by the elected officer or department head , shall be "at will ," and shall be governed by terms and conditions set forth in a contract signed by the Board of County Commissioners and the retired employee, pursuant to the requirements of this Section . The form of such contract is found in Appendix 3-C. Retired employees working pursuant to such contracts are referred to in this Section 3-2-100 as "Working Retirees." B. Working Retirees may not receive disability insurance coverage, but may be eligible for health , dental, ate-visions and life insurance either as a reemployed worker or through the retiree health plan , if he or she qualifies. 1 . Hourly. An hourly retiree employee is paid only for the hours worked and is not eligible to receive benefits. 2 . Part-time. A part-time retiree employee is regularly scheduled to work less than forty (40) hours per week. The part-time employee who consistently works at least twenty (20) hours per week may be eligible for certain benefits. 3. No right to work. A retiree does not have the right to work under this option . The continued employment of a retiree in a phased retirement status must meet the operational needs of the County as determined by the department head or elected official . PAGE 2 2010-1487 ORD2010-8 4. Health insurance coverage. A retiree working under a phased retirement option may be eligible for continued health insurance coverage through the County's health insurance provider. C. Department heads who are Working Retirees shall receive a proration of department head benefits based on the number of hours worked , as depicted in Table 3.2, below. As with full- time department head positions, no sick leave or vacation accrual applies. Table 3.2 Proration of Benefits It eekly flours Annual flours Retiree Status 38 1 .976 .95 34 1 .76K .h5 30 1 ,560 75 ?0 1 .040 . 50 D. Employees retiring from County service under the State of Colorado PERA retirement program shall be governed by PERA rules and regulations for employees working after service or disability retirement. Refer to PERA rules and regulations. E . Working Retirees returning to work at 20 hours or more per week (20 to 38 hours per week). "Working Retiree" status is only available for those employees who are eligible to retire (age 55) and whose service and age, when added together at retirement, equals 80 or more (example: 55 year old individual , with 25 years of service) . Other rules and restrictions applying to Working Retirees working 20 to 38 hours per week shall include the following : 1 . The retired employee is "rehired" as a Working Retiree. a. For individuals at Step 1 -5, no drop in step level would occur. b. Individuals at Steps 6 or 7 would drop to Step 5. c. Individuals at Steps 8 or 9 would drop 2 Steps. d . Not eligible for Step increases. e. Not eligible for promotions. 2. Return to benefit accruals as a new employee. 3. Not eligible for Sick Leave Bank. 4. With the exception of certain Public Works positions, Compensatory Time will be paid out upon termination; Working Retiree not eligible for Compensatory time, overtime will be paid out as earned . Public Works employees who are qualified for Compensatory time prior to becoming working retirees will still be eligible. 5. Working Retirees have a two (2) year "cap," meaning that they will only be allowed to participate in the Working Retiree program for a maximum of two (2) years. Waivers to the two (2) year cap may be granted by the Board of County Commissioners for PAGE 3 2010- 1487 ORD2010-8 employees who are Grade 55 or above, or because of their specialized skills, experience or education , are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement, each Working Retiree shall be required to sign an "at-will" employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. 6. No Working Retiree may work more than a total of one thousand nine hundred seventy-six ( 1 ,976) hours annually, January to January. 7. Working Retirees who are working 20 hours per week or more under agreements signed prior to July 6, 2010, shall be grandfathered to continue in the program without meeting the above "Rule of 80" and will continue at the same Grade/Step they are currently; however, all other rules set forth above shall apply, meaning the following rules shall apply to them : a. Same Grade/Step as of July 6, 2010. b. Not eligible for further step increases. c. Not eligible for further promotions. d . Return to new employee benefit accruals. e. Not eligible for Sick Leave Bank. f. With the exception of certain Public Works positions, Compensatory Time will be paid out upon termination ; Working Retiree not eligible for Compensatory time, overtime will be paid out as earned . Public Works employees who are qualified for Compensatory time prior to becoming working retirees will still be eligible. g . Working Retirees have a two (2) year "cap, " meaning that they will only be allowed to participate in the Working Retiree program for a maximum of 2 years. Waivers to the two (2) year cap may be granted by the Board of County Commissioners for employees who are Grade 55 or above, or because of their specialized skills, experience or education , are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement, each Working Retiree shall be required to sign an "at-will" employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. F. Working Retirees returning to a part time position (19 hours or fewer per week) . "Working Retiree" status is only available for those employees who are eligible to retire (age 55) and whose service and age, when added together at retirement, equals 80 or more (example: 55 year old individual , with 25 years of service). Other rules and restrictions applying to Working Retirees working 19 hours or less per week shall include the following : 1 . "Rehired" as a Working Retiree in the appropriate grade of the position they will be filling , step 1 as with any new hire. PAGE 4 2010-1487 ORD2010-8 2. Vacation and , if appropriate, sick time benefits paid out upon termination of regular employment. 3. Position will not be considered job share, nor will the employee receive job share benefits. 4. Follows all other policies of part time employment. 5. Not eligible for promotions. 6 . No maximum time limit. 7. Prior to emp oyment witi We c County post retirement, eaci Working Retiree s is be requirec to sign an "at wi " emp oyment contract. Suci contract sia be reviewed annually during the budget process for consideration in the next year's budget. 8. Working Retirees working 19 or fewer hours per week under agreements signed prior to July 6, 2010, shall be grandfathered to continue in the program without meeting the above "Rule of 80" and will continue at the same Grade/Step they are at on July 6, 2010; however, the following rules shall apply to them: a . "Rehired" as a WorkingRetiree in the appropriate grade of the position they will be filling, step 1 as with any new hire. b. Vacation and , if appropriate, sick time benefits paid out upon termination of regular employment. eb. Follows all other policies of part time employment. dc. Not eligible for promotions. ed . No maximum time limit. f. Prior to employment with Weld County post retirement, each Working Retiree shall be required to sign an "at will" employment contract. Such contract shall be reviewed annually during the budget process for consideration in the next year's budget. PAGE 5 2010- 1487 ORD2010-8 Amend Sec. 3-2-110. Benefit table. Table 3.3 describes benefits by employee type for County employees: Table 3.3 Benefit Table by Employee Type Part-Time HourlyTemnorary_ Full-Time Job 20-39 or less than 20 Working Retiree Regular Share Seasonal hours/week hours/week 20-38 hours/week Step Progression Yes Yes No **No **No No Health Insurance Yes *Yes *Yes *Yes No *Yes Disability Insurance Yes #Yes No Yes No No Life Insurance Yes Yes No Yes No Yes Retirement Plan + Yes No No No No No Sick Leave Yes *Yes No No No *Yes Vacation Leave Yes *Yes No No No *Yes Holiday Pay Yes *Yes No No No *Yes Personal Leave Yes *Yes No No No *Yes Bereavement Leave Yes *Yes No No No *Yes Sick Leave Bank Yes *Yes No No No No Grievance Rights Yes #Yes No No No No * Prorated. An employee must consistently work twenty (20) hours or more per week to receive a prorated health insurance benefit. ** Paramedic Services — yes. + All employees of the Department of Public Health and Environment will be members of PERA. I # Working after retirement employees must refer to their employment contracts for explanation of benefit eligibility. ARTICLE VI Leave Time Benefits Amend Sec. 3-6-20. Sick leave. A. Sick leave is not a right. It is a privilege given to eligible employees to be used in the following circumstances: 1 - No change 2. When the employee has medical, surgical, dental or optical examinations or treatment. a. When planning medical treatment or appointments an employee should consult with their supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations. The employee and supervisor will attempt to work out a schedule for such leave that meets the needs of both the employer and the employee. In cases PAGE 6 2010-1487 ORD2010-8 where a disruption may occur, the employee shall notify their supervisor as soon as they are aware of the treatment or appointment. 3. An employee who is required to care for members of their immediate family, as defined under the Federal Medical Leave Act (FMLA) (spouse, child or parent) , who are ill, may use a maximum of forty (40) hours total per calendar year of accumulated sick leave. (Prorated for job share employees.) For the purposes of the FMLA, the employee's child must be under the age of eighteen ( 18) , or if older there must be medical certification showing the child is disabled . 4 - No change B thru G - No change H . Under no circumstances may sick leave be used for more than a total of six (6) months within any twelve ( 12) month period . Remainder of Section - No change Amend Sec. 3-6-40. Short-term disability. Employees who are not eligible for the Sick Leave Bank; such as those who have less than one ( 1 ) year of participation in the Bank, or who do not wish to join the Bank may purchase short-term disability insurance provided as a group policy by the County. The employee pays the total premium for this insurance. An employee may not draw from both the Sick Leave Bank and the Anthem Short Term Disability program at the same time. If an employee enrolls in both the Anthem Short Term Disability and the Sick Leave Bank for their first year, it is the employee's responsibility to cancel one of the plans after their first year of employment. Amend Sec. 3-6-50. Family and medical leave policy. A thru N - No Change O. Procedure for requesting leave. 1 . Except where leave is not foreseeable, all employees requesting leave under this policy must submit the request, in writing , to their immediate supervisor and the Department of Human Resources. The supervisor will forward a copy to the Department of Human Resources. Remainder of Section - No Change Amend Sec. 3-6-70. Holidays. A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday recognized by the Board of County Commissioners through the procedure detailed below, with such Holiday Pay being prorated accordingly for job share employees. All regular and job share employees will receive paid holidays. Dates will be established annually and will be published by resolution of the Board of County Commissioners. Recognized holidays may include the following : 1 . New Year's Day. PAGE 7 2010- 1487 ORD2010-8 2. Martin Luther King Day (floating) . 3. President's Day. 4. Memorial Day. 5. Fourth of July. 6. Colorado Day (floating) . 7. Labor Day. 8 . Columbus Day (floating) . 9. Veterans Day. 10. Thanksgiving Day. 11 . Christmas Day. Remainder of Section - No Change 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 . While the employee is on unpaid leave, the employee's vacation and sick leave accruals will stop. 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 30 days late, the employee's health care coverage may be dropped for the duration of the leave. 3. If the employee contributes to a life insurance plan , the employee must continue to make those payments. If the employee does not continue these payments, the County may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a manner consistent with the law. 4. If health and/or life benefits are terminated during the leave of absence due to non- payment of premium , the employee will be required to wait until Open Enrollment to re-enroll in those benefits. Remainder of Section - No Change Add Sec. 3-6-150. Clinic time. A. Paid "Clinic Time" will be allotted to Weld County employees who are enrolled in a Weld 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 {personal, sick, unpaid leave), or schedule the visit during non-working hours. Eligible Employees will be allotted four (4) paid visits for use from the date of Clinic opening (July 15, 2010) through December 31 , 2010. An annual allotment of paid visits for each Eligible Employee will be made in December of each year for use during the subsequent year. PAGE 8 2010-1487 ORD2010-8 B. Use of Clinic Time will be tracked by the Eligible Employee's supervisor Employee in PeopleSoft's Time and Labor system. After an Eligible Employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used , if approved by the supervisor. Unused visits will expire n- t December " of each year and will not be carried over into the next year. Employees are encouraged to visit the Clinic anytime during non-working hours. ARTICLE VII Wages and Hours Amend Sec. 3-7-30. Compensation for overtime. A and B - No Change C. All nonexempt employees are required to enter their time into PeopleSoft's Time and Labor system for each pay period . Exempt employees are responsible for entering their "non- working" time into this system (i .e. vacation , sick, personal , etc.) Pay cycles may vary but County pay periods will remain the 16th of the month through the 15th of the next month and payable on the last working day of the month. These records will be retained for a period of three (3) years. D. Compensatory time may be given in lieu of pay with the approval of the department head or elected official . If compensatory time is approved by the department head or elected official, the employee must sign an agreement annually. These agreements may be changed only during open enrollment, or at the end of the Fiscal Year. Remainder of Section - No Change ARTICLE VIII Health and Safety Amend Sec. 3-8-20. Reporting of injuries. A - No Change B. The Employee 's Written Notice of Injury to Employer must be completed , signed and submitted to the Department of Human Resources within 24 hours of the accident or occupational disease. The Supervisor's Accident/Incident Report must be completed , signed and submitted to the Department of Human Resources within 48 hours of the accident or occupational disease. C. Workers' compensation claims require the following procedures: 1 . Employees injured while performing assigned duties must report the accident immediately for medical evaluation and treatment, as well as to prevent future accidents. 2 . Employees seeking medical treatment for a work-related injury must present to one of the County designated providers. PAGE 9 2010-1487 ORD2010-8 3. Worker's compensation leave runs concurrently with FMLA pending leave qualification review and approval . D. Alternative medical services will not be paid unless medical referral is made by the designated provider. Before any injured employee may return to work, a physician's update is required from the designated provider. The injured employee must keep the supervisor, department head or elected official and the Department of Human Resources informed of his or her condition . Injured employees able to perform modified job duties may be assigned temporary positions, if available, by the department head or elected official after consultation with the Department of Human Resources. E. While an employee is on workers' compensation leave, with the exception of the first twenty- four (24) hours, the employee may not use sick or vacation leave, or comp time. F. An employee's status with respect to benefits during leave of absence without pay that is covered under FMLA shall be the same as that stated under the Family and Medical Leave Policy set forth in Section 3-6-50.J . 1 -4, above. G . An employee's status with respect to benefits during a leave of absence without pay that is not covered under FMLA. 1 . During workers' compensation leave, an employee does not accumulate sick or vacation leave. 2. While 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 and employer 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. 3. If the employee contributes to a life insurance plan , the employee must continue to make those payments. If the employee does not continue these payments, the County may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a manner consistent with the law. 4. If health and life benefits are terminated during the leave of absence due to non- payment of premium , the employee will be required to wait until Open Enrollment to re-enroll in those benefits. ARTICLE IX Education and Training Amend Sec. 3-9-10. Tuition assistance. A. The County will reimburse an employee for some tuition expenses and lab fees for job- related courses or courses mandated for a job-related degree that have been approved in advance. This does not include books, charges for testing out of a class and most associated fees. There is a limit to the amount an employee can be reimbursed each quarter or semester. The employee can contact the Department of Human Resources for the current limit. Funds for this program are limited to the amount budgeted each year by PAGE 10 2010-1487 ORD2010-8 the Board of County Commissioners. Therefore, requests will be considered with priority given to the earliest date received by the Department of Human Resources. Requests must be approved in advance to commit funds for an employee. Remainder of Section - No Change Add Sec. 3-9-30. Academic Activity Leave. A. In accordance with the Colorado "Parental Involvement in K-12 Education Act," Section 8- 13. 3-101 , C. R. S. , et seq . , full time "non-supervisory" and/or "non-executive" employees are allowed up to six (6) hours per month (to a maximum of 18 hours in an academic year) of accrued vacation or personal leave to participate in "academic activities." To be eligible, the employee must be the parent or legal guardian of a child enrolled in a public or private school or in a nonpublic home-based educational program pursuant to Section 22-33-104. 5, C . R. S. , in Colorado in any grade from kindergarten through twelfth grade. The term "academic year" means the period , not to exceed twelve ( 12) consecutive months, allotted by a school for the completion of one grade level of study. The term "academic activity" means the following meetings or conferences regarding the employee's child or any child for whom the employee has primary legal responsibility: 1 . A parent-teacher conference; or 2 . A meeting related to: Special education services, as defined in Section 22-20-103, C. R. S . ; response to intervention , as defined in Section 22-2- 133(4)(b) , C . R. S. ; dropout prevention : attendance; truancy; or disciplinary issues. B. Academic activity leave must be taken in no longer than three (3) hour increments. The employee must provide at least one ( 1 ) week advance notice of the activity prior to the leave being taken . Weld County may require that the notice be accompanied by written verification from the school of the academic activity. C. Weld County may deny leave requests in cases of emergency or other situations that may endanger a person's health , safety or in a situation where the absence of the employee would result in a halt of service or production . ARTICLE X Pay Practices Amend Sec. 3-10-50. Employee type. The types of employees are listed as follows: A. Hourly. Nonexempt employee paid for hours worked . B. Salaried . An exempt employee's monthly pay will be based on the average of one hundred seventy-three and thirty-three hundredths (173. 33) hours per month . Amend Sec. 3-10-90. Pay steps. Pay steps are described as follows: Remainder of Section - No Change PAGE 11 2010- 1487 ORD2010-8 Repeal Sec. 3-10-110. Family Education Network of Weld County (Head Start). Amend Sec. 3-10-120. Mechanics of the pay system. A - No Change B. Performance evaluation dates and pay step dates should be made to coincide with pay periods. That is, for most employees it would be the sixteenth of the month . Remainder of Section - No Change ARTICLE XII Payroll Amend Sec. 3-12-20. Mandatory payroll deductions. A thru C - No change D. Retirement contributions. The County provides retirement benefits for regular County employees through PERA or the Weld County Retirement Plan . Plan descriptions are as follows: 1 - No change 2 . Weld County Retirement Plan . All full-time, regular County employees, except those on PERA, are required to participate in the Weld County Retirement Plan. The employee must contribute nine percent (9%) of gross earnings each month . Employee contributions are deferred from state and federal taxable income. The County matches all regular contributions. Member employees should refer to the booklet provided by the Weld County Retirement Board for details of the plan . Amend Sec. 3-12-30. Procedure to correct payroll errors. A. When an error in pay is identified by either the department head or elected official or the employee, notification should be made to the Accounting Department or Human Resources immediately so corrections may be made. It is the responsibility of the Accounting Department, the department head or elected official and the employee to review pay information monthly to assure accuracy and to report errors in a timely manner. B. If any error results in an underpayment, a separate check will be processed for the additional wages. These checks will be processed either the second Tuesday of the month or the next regular payday, whichever is first. All overpayments discovered will result in a collection action for the total amount. ARTICLE XIII Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-13-150. Random testing. A - No Change PAGE 12 2010- 1487 ORD2010-8 B. Employees will be selected anonymously using an identification number having no correlation to actual employee names. The random selection method used shall be a scientifically valid method , such as a random number table or a computer-based random number generator that is mapped to the safety-sensitive employee's social security number. (The current requirement of random testing is to annually complete tests equivalent to twenty-five percent [25%j of the number of covered employees for drug testing and ten percent [10%] of the number of covered employees for alcohol testing .) The selection process will guarantee that each covered employee will have an equal chance of being tested each time selections are made. There is no discretion on the part of management or operations in the selection and notification of particular employees for testing . Random testing must annually complete tests equivalent to twenty-five percent (25%) of the number of covered employees for drug testing and ten percent ( 10%) of the number of covered employees for alcohol testing , which rates are subject to annual review and adjustment. The employee must report to the collection site immediately after receiving notification of his or her selection from the random pool . It is the responsibility of the Medical Review Officer to maintain the data base of safety-sensitive employees and to perform the random selection of employees to be tested each testing cycle. In the event a randomly selected employee is absent from work on the day his or her test is scheduled , the employee will be tested immediately upon his or her return to work, as practicable, unless the employee fails to return to work before the next randomly selected testing date. Remainder of Section - No Change ARTICLE XIV Implementation of Federal Motor Carrier Safety Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-14-20. Employee categories subject to testing. A thru B - No Change C. The following categories of drivers for the County are subject to the policy and are considered to perform safety-sensitive functions: 1 . Service Workers I , II and III . 2. Lead Worker 3. Welder II and III . 4. Foreman. 5. Supervisor. D. Although the following categories of drivers for the County do not perform safety-sensitive functions as defined above, pursuant to County policy they are subject to the regulations set forth in this substance abuse policy: 1 . Public Works Graders II and III . 2. Weed Control Specialists I and II . 3. Weed Control Lead Worker. 4. Mowers I and II . 5. Vegetation Management Specialist. 6. Flagger/Laborer PAGE 13 2010-1487 OR D2010-8 Remainder of Section - No Change Amend Appendix 3-A - ATTACHED 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 2010-8 was, on motion duly made and seconded , adopted by the following vote on the 12th day of July, A. D. , 2010 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM : William F . Garcia County Attorney David E. Long First Reading : June 9, 2010 Publication : June 19 , 2010 , in the Windsor Beacon Second Reading : June 28 , 2010 Publication : July 1 . 2010 , in the Windsor Beacon Final Reading : July 12 , 2010 Publication : July 15. 2010, in the Windsor Beacon Effective: July 20 , 2010 PAGE 14 2010-1487 ORD2010-8 APPENDIX 3-A DRUG USE AND ALCOHOL MISUSE SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS The following entities provide services pursuant to this Policy: Substance Abuse Professional: (referred by Weld County) Cynthia Fravel, LPC, CAC II, NCAC I Qualified Substance Abuse Professional (SAP) 363 W. Drake Road, Suite 2 Fort Collins, CO 80526 FAX: 970-204-7881 Phone: 970-495-4852 Laboratory: MEDTOX Laboratories 402 West County Road D St. Paul, MN 55122 1 -800-832-3244 Medical Review Officer: Medical Technical Review Dr. Christine Kasser, M.D., Associate MRO P. O. Box 490 Dr. Jeff Larsen, M.D. Hudson, WI 54016 1 -800-880-4444 Persons with questions regarding Weld County's Policies Implementing the Federal Transit Administration Regulations on Drug Abuse and Alcohol Misuse should contact: Michelle Raimer Weld County Department of Human Resources mraimer@co.weld.co.us 970-356-4000 x4233 — Office 970-352-9019 — Fax PAGE 15 2010-1487 ORD2010-8 Hello