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ORDINANCE NO. 2009-10
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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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.
Yellow Highlighted Text = Additions
Stricken Text - Deletions
CHAPTER 3
HUMAN RESOURCES
Amend Sec. 3-2-120. Reassignment of duties in event of emergency.
As a condition of employment, in the event of a declared emergency by the Board of
County Commissioners, or in the case of a pandemic health emergency declared by the Weld
County Health Officer, employees who are not required to perform essential functions in their
own departments may be reassigned to assist with an emergency at the direction of the Board of
County Commissioners.
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 thru 3 - No change
4. Sick leave during, and as the apparent result of, a pandemic health
emergency which has been declared by the Weld County Health Officer shall
be addressed in the same manner as regular sick leave, with no change in
the rules set forth in this Article VI, except for modification as detailed in the
rules set forth in subsections E. and F., below.
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B thru D - No change
E. An employee may be required to provide a medical doctor's verification that the
employee has been seen at a clinic for an illness or a medical doctor's verification of
fitness for duty at any time. Abuse of sick leave or excessive absenteeism may result
in the loss of the privilege to accumulate sick leave or may result in other disciplinary
actions, including termination. An employee who is absent from work for medical
reasons for more than three (3) days, or is absent intermittently for the same
condition, may be required to provide a doctor's certification and to complete all
forms as directed under the Family Medical Leave Act. No medical doctor's
verification shall be required when the serious health condition occurs during, and is
the apparent result of, a pandemic health emergency which has been declared by
the Weld County Health Officer.
F. All employees who are eligible to accrue sick leave are authorized five (5) sick leave
occurrences per calendar year. A sick leave occurrence is defined as a minimum of
one (1) sick leave day, a number of consecutive sick leave days taken at any one (1)
time, or a combination of hours equaling one (1) sick day. (Prorated for standard
hours worked in a day.) Employees who exceed the five (5) occurrences are subject
to disciplinary action, including, but not limited to, the revocation of all sick leave
privileges as set forth in this section, suspension, leave without pay and/or
termination. Sick leave which occurs during, and as the apparent result of, a
pandemic health emergency which has been declared by the Weld County Health
Officer shall not be considered as a sick leave occurrence pursuant to this
subsection F.
Amend Sec. 3 6 30. Sick leave bank.
A No change
B. The Sick Leave Bank is based on a donation of hours of the individual's sick leave,
per member, per year (regular employee - 4; job share .75 - 3; job share .5 - 2).
Employees who do not contribute to the Bank cannot use sick leave bank hours.
Admission to Bank participation for new members shall be allowed after the
employee's ono year anniversary. Only regular employees and job share employees
are eligible for the Sick Leave Bank. Approval of a Sick Leave Bank request is not
guaranteed by the department head, elected official or Sick Leave Bank Governing
Board. -
1 thru 2 No change
3. The Bank is administered by the Sick Leave Bank Governing Board. The
Board is composed of five (5) voting members. These include five (5)
employees elected by the participants in the Bank and one (1) non voting
representative from Payroll. The following conditions govern the granting of
sick leave days from the Bank:
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a thru b - No change
c. A medical doctor's statement specifying the nature of illness, the
dates and medical service to the member, and the date of the
patient's oxpected release for return to work will bo presented with
the application. If this information is not included, the application may
not be considered. No doctor's statement shall be required when the
serious health condition occurs during and is the apparent result of a
pandemic health emergency which has been declared by the Weld
County Health Officer.
Remainder of Section No change
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.
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The above and foregoing Ordinance Number 2009-10 was, on motion duly made and
seconded, adopted by the following vote on the 12th day of October, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
David E. Long
First Reading:
Publication:
September 9, 2009
September 17, 2009, in the Windsor Beacon
Second Reading: September 28, 2009
Publication: October 1, 2009, in the Windsor Beacon
Final Reading: October 12, 2009
Publication: October 15, 2009, in the Windsor Beacon
Effective: October 20, 2009
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