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ORDINANCE NO. 2009-9
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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 2
ADMINISTRATION
Sec. 2-1-10. Conduct of meetings.
A. The Board of County Commissioners shall conduct two (2) weekly board
meetings, on Monday and Wednesday of each week, to commence at 9:00 a.m.
1 thru 3 - No change
4. If at least three Board members are unable to meet physically, Board
meetings may take place using electronic communications that allow for a
record of proceedings.
Remainder of Section - No change
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RE: ORDINANCE NO. 2009-9
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Add the following Article:
ARTICLE XV
Continuity of Government
Sec. 2-15-10. Purpose.
The purpose of this Article XV is to provide certain information to County employees and the
public when the Continuity of Government plan ("COG") has been activated. The provisions
contained in this Article XV shall control to the extent they are in conflict with any other provisions of
this Code.
Sec. 2-15-20. Press releases.
All press releases concerning issues regarding the continuity of County government upon
activation of the COG shall be made by the Public Information Officer ("PIO") designated by the
Board of County Commissioners. Inquiries for information about the continuity of County
government shall be referred to the PIO for response.
Sec. 2-15-30. Contracts.
Those contracts necessary for the continuity of County government upon activation of the
COG shall be approved by the Incident Commander only if they are within the limits of such contract
approval authority delegated to him or her by Resolution of the Board of County Commissioners.
Sec. 2-15-40. Delegation of authority.
Pursuant to the provisions of Section 30-11-107(1)(n), C.R.S., the Board of County
Commissioners may, by Resolution, delegate to the Incident Commander the authority the Board
deems necessary for the Incident Commander to perform such duties and make all decisions to
ensure the continuity of County government upon activation of the COG.
Sec. 2-15-50. Work rules.
In order to continue County government upon activation of the COG, the following work rules
shall apply:
A. Reassignment of duties. As a condition of employment, County employees may be
reassigned to perform duties at times and places as directed by the Incident
Commander. Such reassignment may include work from home.
B. Inability to perform work due to damage to County facilities. If an employee is unable
to perform work because of damage to County facilities, the employee shall be paid
as follows:
A non-exempt, hourly employee shall be paid his regular pay for up to three
full days during times when damage to County facilities prevents work by that
employee. Thereafter, the nonexempt, hourly employee shall be on leave
without pay; however, the employee may use accrued vacation or personal
leave.
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2. A non-exempt salaried employee shall be paid his normal weekly salary for
any workweek in which work is performed. If no work is performed during a
full pay week because of damage to County facilities, no compensation shall
be provided, with the exception of three paid days.
3. An exempt employee shall be paid his normal weekly salary for any
workweek in which work is performed. Given the nature of exempt jobs it is
assumed that at least some work will continue (i.e. checking e -mails,
voicemails, etcetera) at times when damage to County facilities prevents
work. However, if that is not the case and a week passes where no work is
performed, such individuals will also be deemed to be on leave without pay.
Sec. 2-15-60. Purchasing rules.
Upon the activation of the COG, all of the purchasing rules set forth in Chapter 5, Article IV,
of this Code shall be suspended. The Incident Commander and/or the Director of Finance and
Administration shall have the authority to approve any purchases that are necessary in order to
continue County government.
Sec. 2-15-70. Meetings of Board of County Commissioners.
Upon the activation of the COG, meetings of the Board of County Commissioners shall be
conducted according to the rules set forth in Section 2-1-10, unless circumstances prohibit such
rules from being followed. The alternative sites for Board meetings and notice locations are the
Weld County Department of Planning Services or the Weld County Department of Public Health and
Environment.
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 2009-9 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 COU1TY, COLORADO
ATTEST:
William F. Ga cia, Chair
Weld County Clerk to the
BY:
Deputy Clerk to the Boa
APFRO
oun y Attorney
David E. Long
First Reading:
Publication:
Second Reading: September 28, 2009
Publication: October 1, 2009, in the Windsor Beacon
September 9, 2009
September 17, 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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2009-2671
ORD2009-9
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