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Home My WebLink About20072032.tiff ^$ifLJrJ —I - Ito -;2Q-1 WELD COUNTY CODE ORDINANCE 2007-4 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted,with amendments, and the various Chapters are revised to read as follows.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 PERSONNELHUMAN RESOURCES Change all references in Chapter 3 from "Personnel" to "Human Resources." Amend Sec. 3-1-30. Exempt positions. A. The following positions are exempt from the provisions of these policies and the County Personnel System, except that the Board of County Commissioners shall establish, for these exempted positions, the compensation and benefits. 1 through 6 - 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 through 3 - No change 4. Employment services of the County. The County Department of Human Services places people in various programs. 2007-2032 PAGE 1 ORD2007-4 Amend Sec. 3-3-10. Expectations of property conduct. A. Every County employee should be aware that he or she is a public employee and it is the employee's duty to serve citizens in a courteous and efficient manner. An employee must maintain a standard of conduct and performance which is consistent with the best interests of the County. Examples of conduct that may result in disciplinary action, up to and including termination from employment, include but are not limited to the following: 1 through 7 - No change. 8. Unexcused absence (including tardiness). Remainder of Section - No change. Amend Sec. 3-6-10. Vacation leave. A and B - No change. C. An employee cannot accumulate in excess of three hundred twenty (320) hours. Accruals in excess of three hundred twenty(320)hours at the end of the yearwill be lost effective December 15 of that year. Vacation time cannot be used in conjunction with a termination. The last day worked will be considered the termination date,with the exception of retiring employees. Earned but unused vacation will be payable upon termination of employment. Remainder of Section - No change. Amend Sec. 3-6-50. Family and medical leave policy. A through G - No change. H. An eligible employee can take up to twelve (12) weeks of leave under this policy during any twelve-month period. The County will use the 12-month period measured forward from the date any employee's first FMLA leave begins in determining the 12 weeks of leave entitlement. I and J - No change. K. Employee status after leave. 1. An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay,benefits and other employment terms. The position will be the same or one (1)which entails substantially equivalent skill, effort, responsibility and authority. 2. Medical certification that the employee is able to return to work may be required. 23. The County may choose to exempt certain highly compensated employees from the requirement and not return them to the same or similar position. 2007-2032 PAGE 2 ORD2007-4 L - No change. M. Intermittent leave or a reduced work schedule. 1. The employee may take FM LA leave in twelve(12)consecutive weeks, may use the leave intermittently(take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced-hour schedule. In all cases,the leave may not exceed a total of twelve (12) weeks over a twelve-month period. 2. When an employee is using foreseeable intermittent leave,the County may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits. 23. For the birth,adoption or foster care of a child,the County and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced-hour schedule. Leave for birth,adoption or foster care of a child must be taken within one (1) year of the birth or placement of the child. 34. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee must reach agreement with the County before taking intermittent leave or working a reduced-hour schedule. If this is not possible,the employee must prove that the use of the leave is medically necessary. The County may require certification of the medical necessity, as discussed in Subsection N. Remainder of Section - No change. Amend Sec. 3-8-20. Reporting of injuries. A and B - No change. C. Reasons for the regulations: 1. Employees seeking medical attention for job-incurred injuries from doctorshealthcare providers other than those authorized by the County may have to assume the cost of such treatment. 2. Immediate treatment may prevent complications from developing, such as infection. 3. Prompt reporting of the accident which produced the injury 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 a more serious injury. 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 2007-2032 PAGE 3 ORD2007-4 stating that the employee will be able to assume full working responsibilities and duties. The injured employee must keep the department head or elected official and the Department of PersonnelHuman 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 f ersonnc+Human Resources. E. During workers' compensation leave, an employee does not accumulate sick or vacation leave. 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, unless the leave is qualified under the FMLA. Amend Sec. 3-9-10. Tuition assistance. A - No change. B. For an employee to receive such reimbursement, the following conditions must be met: 1. The employee must be a Regular full time or Regular part time employee, and must have successfully completed the first six (6) months of the employee's initial review period. Remainder of Section - No change. Amend Sec. 3-10-90. Pay steps. Except for the Department of Social Services and the Family Education Network of Weld County (Head Start), pay steps are described as follows: A. Step 1: Entry Step. Persons with training but little or no experience. Pay is at ninety-four percent (94%) of the job rate. B. Step 2: Qualified Step. Persons with training and experience who exceed the minimum requirements for the classification. Pay i3 at ninety-seven percent(97%) of the job rote- Movement to this step from the entry step requires at least six (6) months of satisfactory performance at the entry step. C. Step 3: Proficient Step. Persons with training plus experience in a County department. Pay is atone hundred percent(100%)of the job rate. Movement to this step from the qualified step requires at least six (6) months of satisfactory performance at the qualified step. D. Step 4: Third-Year Proficient Step. Persons who have completed three (3)years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system.-Pay is at one hundred three percent(103%)of the established job rate. Movement to this step from the proficient step requires at least two (2) years of satisfactory performance at the proficient step. 2007-2032 PAGE 4 ORD2007-4 E. Step 5: Fifth-Year Proficient Step. Persons who have completed five (5)years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. Pay is at one hundred six percent(106%)of the job rate. Movement to this step from the third- year proficient step requires at least two(2)years of satisfactory performance at the third-year proficient step. F. Step 6: Seventh-Year Proficient Step. Persons who have completed seven (7) years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. Pay is at one hundred nine percent(109%)of the job rate. Movement to this step from the fifth-year proficient step requires at least two (2) years of satisfactory performance at the fifth-year proficient step. G. Step 7: Tenth-Year Proficient Step. Persons who have completed ten (10)years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. Pay is at one hundred twelve percent(112%)of the job rate. Movement to this step from the seventh-year proficient step requires at least three (3) years of satisfactory performance at the seventh-year proficient step. H. Step 8. Thirteenth-Year Proficient Step. Persons who have completed thirteen(13) years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. ray is at one hundred fifteen percent(115%)of the job rate. Movement to this step from the tenth-year proficient step requires at least three (3) years of satisfactory performance at the tenth-year proficient step. Step 9: Sixteenth-Year Proficient Step. Persons who have completed sixteen(16) years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system.-Pay is at one hundred eightccn perccnt(118%) of the job rate. Movement to this step from the thirteenth-year proficient step requires at least three (3) years of satisfactory performance at the thirteenth-year proficient step. (FENWC employees are excluded.) J. Progression up the pay steps is not automatic. Astep increase can be delayed until the employee's performance is satisfactory, in the opinion of the department head or elected official. NOTE. Progression up the pay steps is not automatic. A step increase can be delayed until the employee's performance is satisfactory,in the opinion of the department head or elected official. The above pay steps would not correspond to time in classification if the incumbent was promoted into a higher step due to minimum five-percent increase for promotions or initially hired at the qualified step, if a position was re-classified or if a pay step was delayed because of performance. Time would then be determined by length of time in a pay step. 2007-2032 PAGE 5 ORD2007-4 Amend Sec. 3-10-110. Repealed.Family Education Network of Weld County (Head Start). Employees working for the Family Education Network of Weld County(Head Start)shall be subject to the guidelines set forth by the Head Start Director and the Director of Human Services. Add Sec. 3-10-130. Payroll deductions. Payroll deductions from the compensation of any employee shall be limited to the following: A. Deductions required by federal or state law; B. Judicial orders, liens and garnishments; C. Deductions for employee benefits (as defined in Chapter 3 of this Code) and retirement contributions; and D. Contributions to United Way authorized by the employee on an annual basis. Amend Sec. 3-12-10. Payroll information. A through C - No change. D. Garnishment of wages results when an unpaid creditor has taken the matter to court. A garnishment is a court order allowing for creditors to collect part of an employee's pay directly from the County. The County is compelled by law to administer the court-ordered garnishment. Government levies and child support orders will be treated in the same manner as garnishments. 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 ORDAINEDby 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. 2007-2032 PAGE 6 ORD2007-4 The above and foregoing Ordinance Number 2007-4 was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: Robert D. Masden County Attorney Douglas Rademacher First Reading: June 25, 2007 Publication: July 4, 2007, in the Fort Lupton Press Second Reading: July 16, 2007 Publication: July 25, 2007, in the Fort Lupton Press Final Reading: August 6, 2007 Publication: August 15, 2007, in the Fort Lupton Press Effective: August 20, 2007 2007-2032 PAGE 7 ORD2007-4 Hello