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Home My WebLink About20081881.tiff 2,702, 7- 7- ,2Oo$ WELD COUNTY CODE ORDINANCE 2008-6 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 3 HUMAN RESOURCES Amend Sec. 3-2-100. Phased retirement option. A. Employees retiring from County service must separate their regular employment from Weld County in order to draw benefits from the Weld County Retirement Plan. They do not have a right or expectation of continued employment with Weld County. Contract employment of a retired employee shall be at the discretion of the Elected Officer or Department Head. Such contract employment 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 and pursuant to the requirements of this Section. An example of such a contract may be found in Appendix 3-C. B. Employees retiring from County service under the Retirement Plan may, upon approval by the department head or elected official, work no more than a total of one thousand nine hundred seventy-six(1,976)hours annually,January to January. The retired employee may not receive disability insurance coverage, but may be eligible for health, dental and vision 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. 2008-1881 PAGE 1 ORD2008-6 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. Job Share Retired with benefits. A Job Share retiree employee works part- time and may be eligible for certain benefits, including Step increases. The needs of the department and/or County will dictate if this status is possible. Benefits are earned on a pro-rata basis based on standard hours worked, shown in Table 3.2 and Table 3.3. Table 3.2 Retiree Job Share Status — Proration of Benefits Weekly Annual Retiree Hours Hours Status 38 1,976 .95 34 1,768 .85 30 1,560 .75 20 1,040 .50 4 and 5 - No Change. C. No Change. 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. 2008-1881 PAGE 2 ORD2008-6 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 Full- Retired Retired Time Job Part- Job Part- Retired Regular Share Seasonal Time Hourly Share Time Hourly Step Progression Yes Yes No **No No Yes No No Health Insurance Yes *Yes *Yes *Yes No *Yes *Yes No Disability Insurance Yes #Yes No Yes No Yes Yes No Life Insurance Yes Yes No Yes No Yes Yes No Retirement Plan + Yes No No No No No No No Sick Leave Yes *Yes No No No *Yes No No Vacation Leave Yes *Yes No No No *Yes No No Holiday Pay Yes *Yes No No No *Yes No No Personal Leave Yes *Yes No No No *Yes No No Bereavement Leave Yes *Yes No No No *Yes No No Sick Leave Bank Yes *Yes No No No *Yes No No Grievance Rights Yes #Yes No No No Yes 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. # Working after retirement employees are not eligible Amend Sec. 3-6-100. Jury duty/witness. An employee who is regularly employed,as defined by Section 13-71-126,C.R.S.,and who is required to serve as a witness in a case involving the County government or as a juror during scheduled work time, is entitled to paid leave not to exceed three (3) weeks. An employee who serves on a jury shall pay to the County all amounts received for the jury service. In order to be granted leave for jury duty, the employee must submit a copy of the summons and all forms furnished by the Clerk of the Court relative to the time of service. Mileage allowances can be retained by the employee. An employee who is subpoenaed to appear as a witness in a case unrelated to County business must use paid leave, if available. If no paid time is available, the time off will be leave without pay. Employees must avoid situations in which they, through their voluntary actions, may be called to testify in private civil matters,wherein knowledge of confidential facts, circumstances, or opinions they have obtained in the scope and course of their work may be revealed. Amend Sec. 3-8-20. Reporting of injuries. A - No change. B. Completion of the Employee's Written Notice of Injury to Employer must be accomplished by the injured employee and given to the immediate supervisor, or Department of Human Resources, within twenty-four (24) working hours of the injury. The supervisor will complete an Accident Investigation Report, and the injured employee will be required to review and sign it. The Employer's First Report 2008-1881 PAGE 3 ORD2008-6 of Accident form must be submitted to the Department of Human Resources within twenty-four (24) hours of the accident. The supervisor's Accident Investigation Report must be submitted to the Department of Human Resources within forty-eight (48) hours. The injured employee needs to review and sign the Workers' Compensation Designated Medical Provider List and HIPAA Compliant Authorization for Release of Medical Information forms and submit to the Department of Human Resources within five (5)days of the work-related accident. C. Reasons for the regulations: 1. Employees seeking medical attention for job-incurred injuries from healthcare providers other than those authorized by the County may have to assume the cost of such treatment. State law requires employers to provide employees, injured on the job, with a designated medical provider list. Authorization of medical information in connection with an employee's workers'compensation claim offers prompt claims set-up and billing as well as immediate medical evaluation and specialist referrals. 2. Immediate treatment may prevent medical complications from developing. 3. Prompt reporting of the work-related accident will enable the supervisor to make a timely investigation. This investigation might reveal a hazardous condition or work practice which, if not corrected,could lead to more serious injuries. D. Chiropractic services and other forms of alternative medicine will not be paid unless medical referral is made by the attending physician. Before any injured employee is allowed to return to work, a written release is required from the attending doctor stating that the employee will be able to assume full working responsibilities and duties. The injured employee must keep the immediate supervisor or department head or elected official and the Department of Human Resources informed of his or her condition. Injured employees who can perform modified job duties may be assigned modified duties temporarily, if available, by the department head or elected official after consultation with the Department of Human Resources. E - No change. Add Appendix 3-C - ATTACHED. 2008-1881 PAGE 4 ORD2008-6 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 2008-6 was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board Robert D. Masden, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: David E. Long County Attorney Douglas Rademacher First Reading: June 16, 2008 Publication: June 27, 2008, in the Greeley Tribune Second Reading: July 7, 2008 Publication: July 18, 2008, in the Greeley Tribune Final Reading: July 28, 2008 Publication: August 8, 2008, in the Greeley Tribune Effective: August 13, 2008 2008-1881 PAGE 5 ORD2008-6 APPENDIX 3-C Insert Weld County Retired Employment Contract 2008-1881 PAGE 6 ORD2008-6 APPENDIX 3-C WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT THIS WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT ("Contract") is entered this day of , 20 , by and between , ("Retired Employee"), and the County of Weld, State of Colorado ("Weld County"). WITNESSETH: WHEREAS, Retired Employee has been employed by Weld County and intends to retire under the Weld County Retirement Plan ("the Plan") on and WHEREAS, post retirement, Retired Employee desires to be employed with Weld County, commencing on , under this Retired Employee Employment Contract in the position of , and WHEREAS, Weld County sees the benefit of employing Retired Employee on a contract basis, so as to utilize his or her expertise and experience, and for training purposes, for a period of time which may or may not coincide with the time frame for contract employment desired by Retired Employee, and WHEREAS, the parties hereto enter into this Contract for the purpose of expressing the terms under which such contract employment shall occur. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties hereto agree as follows: 1. Retired Employee agrees to perform the duties of at a salary the same as Grade , Step of the Weld County pay grade system. This salary shall be adjusted annually in the same manner as other Weld County employees in similar positions. Retired Employee's specific duties shall be as determined by his or her supervisor. Retired Employee shall also receive as compensation all benefits normally provided to regular Weld County employees working the same number of hours, which benefits are detailed in the Weld County Home Rule Charter and as adopted in Chapter 3 of the Weld County Code, with the exception of the grievance rights and procedures found in Article IV of said Chapter 3. Additionally, Retired Employee shall not receive disability insurance coverage as compensation for the employment contemplated in this Contract. Retired Employee may be eligible for health, dental and vision insurance either as a reemployed worker pursuant to this Contract, or through the retiree health plan, if he or she qualifies. 1 2. The employment contemplated in this Contract is "at-will." Both the Retired Employee and the County have the right to terminate this employment relationship at any time for any reason, upon providing to the other party written notice of such termination. This Contract does not create any right to or expectation of continued employment. 3. This Contract does not alter or diminish the right of the Board of County Commissioners of Weld County, and Weld County's elected officials and all department heads, to determine the structure and organization of the various departments of County Government which, in the sole opinion of such officials, shall create the greatest efficiency and highest level of service to citizens of the County. Such reasons may include, but are not limited to, the following: workload changes, program changes, privatization, contracting out, policy decisions, funding reductions, departmental reorganizations, downsizing, and increased efficiency, which reasons may result in the termination of this Contract. 4. Retired Employee shall be eligible to receive retirement benefits from the Plan based upon benefits earned under the Plan. Retired Employee understands that his or her contract employment with Weld County after his or her retirement shall not be counted towards years of service for the purpose of calculating any retirement benefits. After Retired Employee's retirement date as stated above, no additional contributions shall be made by the County to the Plan, nor shall any employee contributions be deducted from his or her salary. 5. For purposes of the Plan and the Internal Revenue Services, Retired Employee's contract employment status pursuant to the terms of this Contract is the same as a contract employee paid through the Weld County payroll and personnel system. Retired Employee's contract employment shall be subject to the terms set forth herein, and the Weld County working after retirement policies. 6. Retired Employee may not work more than 1,976 hours per calendar year, but may work less than this number of hours as agreed between the Employee and his or her supervisor. 7. Retired Employee's employment pursuant to this Contract shall be subject to regular performance reviews. As an"at-will" employee, Retired Employee may be terminated if performance of duties does not meet his or her supervisor's expectations. 8. Retired Employee acknowledges that prior to executing this Contract, he or she had the opportunity to consult an attorney of choice prior to its execution. 9. By signing below, Retired Employee affirms that no promise or representations have been made to him or her with respect to contract employment post retirement, other than what is stated in this Contract. In making his or her decision to retire, Retired Employee has not relied upon any statement or representation other than what is stated in this Contract. 2 10. This writing constitutes the entire Contract between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns. 11. It is expressly understood and agreed that the terms and of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Contract shall give or allow any claim or right of action whatsoever by any other person not included in this Contract. It is the express intention of the undersigned parties that any entity, other than the undersigned parties receiving services or benefits under this Contract, shall be an incidental beneficiary only. 12. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties may possess, nor shall any portion of this Contract be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Contract. The undersigned hereby enters into this Contract with a full understanding and acceptance of the terms and conditions herein specified. RETIRED EMPLOYEE: Retired Employee's Signature Date CONCURRANCE: Elected Official/Department Head Date BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board , Chair BY: Deputy Clerk to the Board 3 Hello