HomeMy WebLinkAbout20082052.tiff WELD COUNTY
111 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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.
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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.
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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
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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.
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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
fiez WELD COUNTY, COLORADO
ATTEST: /°V"'R ��/ -t^-'
Wiliam H. Jerke, Chair
Weld County Clerk t t§he\oard ^
,;.,. Robert dgh, Pro-Tem
BY: /
Deputy Cler o the Board (� C
William F. Garcia
APPAOVE T RM: EXCUSED
David E. Long
Attorney
gla ademac er
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
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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:
I. 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.
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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.
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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
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