HomeMy WebLinkAbout20053433.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-14 was introduced on
first reading on October 31, 2005, and a public hearing and second reading was held on
December 12, 2005. A public hearing and final reading was completed on December 28, 2005,
with changes being made as listed below, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 3 PERSONNEL OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 16, 2006
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 6, 2006
PUBLISHED: January 11, 2006, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE #2005-14 ON FINAL READING
Sec. 3-10-90 revised to read as follows:
Section 3-10-90. Pay Steps.
Except for the Department of Social Services, pay steps are described as follows:
A Step 1: Entry Step. Pay is at ninety-four percent (94%) of the job rate.
B. Step 2: Qualified Step. Pay is at ninety-seven percent (97%) of the job rate.
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. Pay is at one 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.
Remainder of Section - No change.
NOTICEOFPROOF OF PUBLICATION
FINAL READING OF
ORDINANCE FORT LUPTON
Pursuant to the Weld County STATE OF COLORADO
Home Rule0 Charter, Ordinance
Number 2005-14 was introduced
gyp" fire` reading on October 31, COUNTY OF WELD SS.
105, and a public hearing and
Good reading was held on
December 12, 2005. A public
hearing and final reading was
completed on December 28,2005,
with changes being made as listed I, Karen Lambert, do solemnly swear that I
below, and on motion duly made
and seconded,was adopted am the Publisher of the Fort Lupton Press;
Effective date of said Ordinance is listed below. that the same is a weekly newspaper printed
Any backup material, exhibits or
information previously submitted and published in the County of Weld, State
to the Board of County
Commissioners concerning amin this of Colorado, and has a general circulation
matter may be examined in the
office of the Clerk to the Board of therein; that said newspaper has been
County Commissioners. located in
the Weld County Centennial published continuously and uninterruptedly
Center, 915 10th Street, Third
Floor,Greeley,Colorado,between in said county of Adams for a period of more
the hours of 6..00 a.m. and 5:00
p.m., Monday thru Friday, or may than fifty-two consecutive weeks prior to the
be accessed through the Weld County Web Page first publication of the annexed legal notice
messages
seno.us). E-Mail
messages sent to an individual or advertisement; that said newspaper has
Commissioner may not be been admitted to the United States mails as
included in the case file. To
ensure inclusion of your E-Mai. second-class matter under the provisions of
correspondence into the case filel
please senda copy to the act of March 3, 1879, or any
charding@comeld.co.us.
us.
ORDINANCE NO.2005-14 amendments thereof, and that said
ORDINANCE TITLE: IN THE newspaper is a weekly newspaper duly
REENACTING REPEALING AND
qualified for publishing legal notices and
AMENDMENTS, CHAPTER 3
PERSONNEL OF THE WELD advertisements within the meaning of the
COUNTY CODE laws of the State of Colorado. That the
2006
F0Fs°TIME DATE: January ,6,
0 annexed legal notice or advertisement was
BOARD OF COUNTY published in the regular and entire issue of
COMMISSIONERS
rcLD COUNTY,COLORADO every number of said weekly newspaper for
ATED:January 6,2006 the period of 1 consecutive insertion(s); and
PUBLISHED:January 11,2006, that the first publication of said notice was in
in the Fort Lupton Press the issue of newspaper, dated 11th day of
January, 2006, and the last on the 11th day
CHANGES MADE -1 CODE
ORDINANCE #2005-14 ON of January, 2006.
FINAL READING
Sec. 3-10-90 revised to read as
follows:
Section 3-10-90.Pay Steps.
Except for the Department of
Social Services. pay steps are
described as follows'.
A. Step 1: Entry Step. Pay is at
ninety-four percent (94%) of the
lob rate.
B.Step 2.Qualified Step.Pay is at
ninety-seven percent(97%)of the
lob rate. 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. Pay is °• .i�. T'
at one hundred percent(100%)of T� e.._/
the lob rate.Movement to this step ` Publishe . ubscribed and sworn before me, this the
from the qualified step requires at
least six(6)months of satisfactory 9th day of January, 2006.
performance at the qualified step. •
Remainder of Section - No
change.
Notary Public.
2y.o0
CASE NO.370207 key 23166
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-14 was introduced on
first reading on October 31, 2005, and a public hearing and second reading was held on
November 21,2005,continued to December 12,2005,with no change being made to the text of said
Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley,Colorado 80631 on December 28, 2005. All
persons in any manner interested in the next reading of said Ordinance are requested to attend and
may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center,915 10th Street,Third Floor,
Greeley,Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 28, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 9, 2005
PUBLISHED: December 14, 2005, in the Fort Lupton Press
NOTICEOF
SECOND READING OF PROOF OF PUBLICATION
ORDINANCE FORT LUPTON
Pursuant to the Weld County
Home Rule Charter, Ordinance STATE OF COLORADO
first
Number 2005-14 was introduced
on reading on October 31,
2005, and a public hearing and COUNTY OF WELD SS.
second reading was held on
November 21, 2005, continued to
December 12, 2005, with no
change being made to the text of
said Ordinance. A public hearing
and third reading I, Karen Lambert, do solemnly swear that I
is scheduled to
be held in the Chambers of the
Board, First Floor Hearing Room, am the Publisher of the Fort Lupton Press;
915 10th Street, Greeley,
Colorado 80631 on December 28, that the same is a weekly newspaper printed
2005. All persons in any manner
interested in the next reading of and published in the County of Weld, State
said Ordinance are requested to
attend and may be heard. of Colorado, and has a general circulation
Please contact the Clerk to the
Boards Office at phone(970)336- therein; that said newspaper has been
7215,Extension 4225,or fax(970)
3528#8209;0242, prior to the day published continuously and uninterruptedly
of the hearing if, as a result of a
disability, you require reasonable in said county of Adams for a period of more
accommodations in order to
participate in this hearing. than fifty-two consecutive weeks prior to the
Any backup material, exhibits or
information previously submitted first publication of the annexed legal notice
to the Board of County Commissioners concerning this or advertisement; that said newspaper has
matter may be examined in the
office of the Clerk to the Board of been admitted to the United States mails as
County Commissioners,located in
the Weld County Centennial second-class matter under the provisions of
Center, 915 10th Street, Third the act of March 3, 1879, or any
Floor,Greeley,Colorado,between
the hours of 8.00 a.m. and 5:00 amendments thereof, and that said
p.m., Monday thru Friday,or may
be accessed through the age newspaper is a weekly newspaper duly
(www.co.weld.co.us). E-Mail
messages sent to an individual qualified for publishing legal notices and
Commissioner may not be
included in the case file. To advertisements within the meaning of the
ensure inclusion of your E-Mail laws of the State of Colorado. That the
correspondence into the case file,
please send a copy to
charding@co.weld.co.us. annexed legal notice or advertisement was
ORDINANCE NO. 2005-14
ORDINANCE TITLE: IN THE published in the regular and entire issue of
— MATTER OF REPEALING AND
REENACTING, WITH every number of said weekly newspaper for
AMENDMENTS, CHAPTER 3
PERSONNEL, OF THE WELD the period of 1 consecutive insertion(s); and
COUNTY CODE
DATE OF NEXT READING: that the first publication of said notice was in
December 28,2005,at 9:
BOARD OF COUNTY the issue of newspaper, dated 14th day of
WELD CO NTY,COLORADO MISSIONERS December, 2005, and the last on the 14th
DATED:
PUBLISHED:
December
December 14, day of December, 2005.
2005,in the Fort Lupton Press
Publisher. Subscribed and sworn before me, this the
9th day of December, 2005.
3tbi 'c lo ` Ld
r.
Notary Public.
1J .CU
CASE NO.370207 key 22584
WELD COUNTY
CODE ORDINANCE 2005-14
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTER 3
PERSONNEL, 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 Chapter 3 Personnel, of the Weld County Code be, and
hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 3
PERSONNEL
Sec. 3-1-40. Personnel records.
A. With the exception of the records from the Department of Social Services, the
Department of Personnel is the custodian of all official personnel/payroll records for
current and past employees of the County. The employee's file in the Department
of Personnel will be the official file for all employment inquiries. The Department of
Social Services maintains performance records for current employees in that
department. Colorado law requires that the files be restricted from access by
anyone other than an individual who has a direct interest;that is,the employee or the
employee's supervisor. Each employee has access to his or her own records.
B - No change.
Sec. 3-2-90. Employee definitions.
A through I - No change.
J. Special funded. An at-will position which is funded through grant or other special
funding. Benefits will vary and be dependent on the funding that is provided.
Sec. 3-3-50. Harassment.
A. The County strongly disapproves of and does not tolerate harassment of any kind,
nor any behavior by any employee that creates an unacceptable employment
environment or hostile work environment. Any form of harassment that violates
federal, state or local law, including but not limited to, harassment related to an
individual's race, religion, color, sex, sexual orientation, national origin, ancestry,
citizenship status, marital status, pregnancy, age, medical condition, handicap or
disability is a violation of this policy and is grounds for discipline, up to and including
termination from employment. A person can harass another on the basis of a
perception that someone has a certain personal characteristic whether or not they
actually have that characteristic. There does not have to be a persistent pattern,and
an isolated incident can amount to harassment. Harassment may involve action,
behavior, exclusion, comment or physical contact which is found objectionable or
which creates an offensive environment or results in the recipient(s) feeling
threatened, humiliated, intimidated, degraded, patronized, demoralized or less
confident in their ability. It is the responsibility of every employee to avoid offensive
or inappropriate behavior at work and to assure that the workplace is free from
harassment at all times.
B. A hostile work environment arises when discriminatory intimidation, ridicule and/or
insult is sufficiently severe or pervasive to alter the conditions of the victim's
employment and create an offensive working environment.
C. Some examples of unacceptable conduct include: verbal abuse; the use of humor
to put another person or group of people down, for example telling jokes that are
sexist, racist or are about an individual's sexual orientation (real or perceived);
unwanted physical contact ranging from touching to serious assault; display or
circulation of abusive or offensive material; bullying,coercive or menacing behavior;
unwanted sexual advances, propositions,attention or innuendo;ridicule or exclusion
of an individual for cultural or religious differences; misuse of power or position;
making threats about job security without foundation or authority. Many of these
examples of unacceptable conduct can occur not only face to face, but also through
use of the internet ore-mail. It is advised that people take extra care when sending
or forwarding messages to consider the impact of the message or any attachment
on the recipient(s).
D - No change.
E. To maintain an environment free of harassment, employees should confront it and
report it when it occurs. Any person who believes he or she has been subjected to
harassment in any form is encouraged to take the following action:
1 through 4 - No change.
F. The Director of the Department of Personnel (or designee) will investigate such
incidents. Upon completion of the investigation, the Director of the Department of
Personnel shall report the findings to the appropriate department head or elected
official for possible disciplinary action. All cases of harassment will be handled with
strong disciplinary action, up to and including termination from employment.
Sec. 3-3-70. Suspension and termination for charge with crime.
A. In the event an employee is formally charged or indicted for the commission of a
crime, the department head or elected official (or designee) may suspend such
employee, with or without pay, pending prosecution of the offense. Unless the
circumstances are such that immediate action must be taken,the department head
or elected official (or designee)should hold a hearing with the employee prior to a
suspension without pay. If the circumstances warrant an immediate suspension
without pay, the department head or elected official (or designee) should hold a
hearing with the employee as soon after the suspension takes effect as is
practicable. The employee will be informed of the reason for the hearing and will be
afforded an opportunity to respond to the charges. The hearing may be very
informal, with no required prior notice. No other person besides the department
head or elected official (or designee) and the employee may be present at the
hearing. If the department head or elected official (or designee)determines, based
upon the situation,that immediate disciplinary action is appropriate,a hearing as set
forth in Section 3-4-10 of this Chapter may take place instead of a hearing as
provided in this Section.
B. If an employee is found guilty of any crime by a court or jury, the County shall
immediately suspend such employee without pay until the employee's conviction
shall become final at the time the employee is sentenced. Notwithstanding the
criminal proceeding in which the employee is involved,the County may conduct its
own internal investigation of the employee's actions and otherjob performance. The
department head or elected official (or designee) is authorized to take any
appropriate discipline against the employee at any time, up to and including
termination. In addition, at the time such employee's conviction is final (i.e., after a
finding of guilt and sentencing by a court or other tribunal), notwithstanding any prior
disciplinary action, the employee may be terminated. A deferred judgment and
sentence upon a plea of guilty or nolo contendere shall be deemed to be a final
conviction at the time the employee enters the plea and such plea is accepted by the
Court.
C. During the period of time that the employee is suspended with or without pay, the
employee is required to notify the department head or elected official (or designee)
of any change in his or her address or phone number or the status of the criminal
case. If an employee's suspension without pay continues for up to three(3)months,
the department head or elected official (or designee) shall further investigate the
matter. If the department head or elected official (or designee)determines, based
upon the results of the investigation,that disciplinary action is not yet warranted,an
additional informal hearing may be held with the employee to determine the status
of the criminal proceedings. The department head or elected official (or designee)
may decide to continue the suspension with or without pay. The department head
or elected official(or designee)shall review the status of the suspension on a three-
month basis until such time that the employee's case is resolved, a disciplinary
action has occurred, or both.
D - No change.
Sec. 3-4-60. Grievance procedure.
The employee grievance procedure is as follows:
A through D - No change.
E. Step 5. Filing a formal written grievance. If the employee disagrees with the
department head or elected official's answer, or if grieving a dismissal from
employment,the employee may file a formal written grievance with the Department
of Personnel within ten (10) calendar days of receiving the department head's or
elected official's written response or dismissal from employment. The written
grievance must clearly state the employee's side of the case and must include the
following: specifically what decisions or actions the employee is grieving; what
remedy the employee is seeking in the grievance; the specific facts as they are
known to the employee; any documentation to substantiate the facts; and a
summary of the answer of the supervisor and department head or elected official.
F. Step 6. Reconciliation. The Director of Personnel may attempt to reconcile the
differences. If the Director of Personnel is administering the discipline,the Director
of Finance and Administration will attempt reconciliation. If reconciliation is
undertaken and it is not successful, a grievance hearing will be scheduled.
G. Step 7. Scheduling the grievance hearing. The Director of Personnel has fifteen
(15)calendar days from receipt of the written grievance to set a grievance hearing
date and to notify the employee and department head or elected official of the hearing
date.
Sec. 3-4-70. Grievance hearing.
A. Presence at hearing.
1 - No change.
2. Persons in attendance. The grievance hearing is not a public hearing. The
Grievance Board, the grieving party plus one (1) representative, the
responding department head or elected official or other designated
supervisor, plus one(1)representative,a representative of the Department
of Personnel,the recorder and any witnesses,while giving testimony,are the
only persons allowed to be present at grievance hearings. The grieving
employee shall be entitled to be accompanied and represented at the hearing
by an attorney, or if not an attorney, any other person of his or her choice.
Remainder of Section - No change.
Change titles of sections, as follows:
Sec. 3-5-20. Resignation/retirement.
Sec. 3-5-30. Retirement contributions.
Sec. 3-6-20. Sick leave.
A through 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 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.
Remainder of Section - no change.
Sec. 3-6-50. Family and medical leave policy.
A through K- no change.
L. Use of paid and unpaid leave.
1 through 3 - No change.
4. An employee who is taking leave for the adoption care or foster care of a
child must use all paid vacation leave, qualifying sick leave, personal leave
and comp time prior to being eligible for unpaid family leave. Care leave for
adoption, birth or foster care expires twelve(12)months from the date of the
birth or placement.
Remainder of Section - No change.
ARTICLE VII
Wages and Hours
Sec. 3-7-20. Employee classification.
All County employees will be classified as exempt or nonexempt from overtime provisions.
Each department head or elected official shall prepare a schedule designating the hours each
employee in his or her department shall work, as well as the established workweek for the
department. Work by an employee at times other than those scheduled shall be approved in
advance by the department head or elected official or, in cases of unforeseen emergency,shall be
approved by the department head or elected official after the emergency work is performed.
Sec. 3-10-40. Classification and pay plan.
In accordance with Section 4-2 of the Home Ru le Charter, the Board of County
Commissioners has adopted a classification and pay plan. Position classification is the organizing
of all jobs in the County into groups or classes on the basis of their duties, responsibilities and
qualification requirements of skills,knowledge and abilities. Job classifications are a vital element
upon which a pay structure is based and administered.
Sec. 3-10-110. REPEALED
Amend Appendix 3-A (copy attached).
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 existwithin 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.
NOTICE
PURSUANT to the Weld County Home Rule Charter,Ordinance Number2005-14 published above,
was introduced and, on motion duly made and seconded,approved upon first reading on October
31, 2005. A public hearing and second reading is scheduled to be held in the Chambers of the
Board, First Floor Hearing Room,915 10th Street,Greeley,Colorado 80631,on November 9,2005.
All persons in any manner interested in the reading of said Ordinance are requested to attend and
may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242,prior to the day of the hearing if,as the result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,Third Floor,915 10th Street,
Greeley,Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
SECOND READING:November 9, 2005, at 9:00 a.m.
THIRD READING: December 12, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 4, 2005
PUBLISHED: November 9, 2005, in the Fort Lupton Press
WELD COUNTY the recipient(s)feeling threatened, PROOF OF PUBLICATION
CODE ORDINANCE 2005.14 humiliated, intimidated, degraded,
IN THE MATTER OF REPEALING patronized, demoralized or less FORT LUPTON
AND REENACTING, WITH confident in their ability. It is the
AMENDMENTS, CHAPTER 3 responsibility vf e or inappropriate
to STATE OF COLORADO
PERSONNEL, OF THE WELD avoid offensive or ioassurerthat
�OUNTV CODE behavior at work and to assure that
IT ORDAINED BY THE the workplace is free from COUNTY OF WELD SS.
jARD OF COUNTY harassment at all times.
LOMMISSIONERS OF THE B. A hostile work environment
COUNTY OF WELD, STATE OF arises when discriminatory
COLORADO: intimidation,ridicule and/or insult is
WHEREAS, the Board of County sufficiently severe or pervasive to I, Karen do solemnly swear that
Commissioners of the County of alter the conditions of the victim'sLambert,
Weld,State of Colorado,pursuant employment and create an am the Publisher of the Fort Lupton Press
to Colorado statute and the Weld offensive working environment. ;
County Home Rule Charter, is C. Some examples of that the same is a weekly newspaper printed
vested with the authority of unacceptable conduct include:
administering the affairs of Weld verbal abuse;the use of humor to and published in the County of Weld, State
County,Colorado,and put another person or group of
WHEREAS, the Board of County people down, for example telling of Colorado, and has a general circulation
Commissioners,on December 28, jokes that are sexist, racist or are
2000,adopted Weld County Code about an individual's sexual therein; that said newspaper has been
Ordinance 2000-1, enacting a orientation (real or perceived);
comprehensive Code for the unwanted physical contact ranging continuously and uninterruptedly
County of Weld, including the from touching to serious assault, published P Y
codification of all previously display or circulation of abusive or in said county of Adams for a period of more
adopted ordinances of a general offensive material; bullying,
and permanent nature enacted on coercive or menacing behavior; than fifty-two consecutive weeks prior to the
or before said date of adoption, unwanted sexual advances,
and pdiculeti°^a'atte^lusionnnue^dn first publication of the annexed legal notice
WHEREAS, the Weld County ridicule or exclusion of an
Code is in need of revision and individual for cultural or religious or advertisement; that said newspaper has
clarification with regard to differences; misuse of power or
procedures, terms, and position; making threats about job been admitted to the United States mails as
requirements therein, security without these or
NOW, THEREFORE, BE of authority.Many bleconexamplesconduct
second-class matter under the provisions of
ORDAINED by the Board of of unacceptable conduct can occur
County Commissioners of the not only face to face, but also the act of March 3, 1879, or any
County of Weld,State of Colorado, through use of the internet or
that Chapter 3 Personnel, of the e-mail. It is advised that people amendments and that said
Weld County Code be,and hereby take extra care when sending or thereof,
is, repealed and re-enacted, with forwarding p messages to considernewspaper is a weekly newspaper duly
amendments,to read as follows. the impact of the message or an
CHAPTER 3 D-attachment
ochagemereeipient(s). qualified for publishing legal notices and
PERSONNEL D-NoalF>
AA. With
to exception
E.To air advertisements within the meaning of the
rdh he Depa of the E.harassment,
as smen,an environmentshould
records from the Department of of hrrntsment, employees should laws of the State of Colorado. That the
Social e Services,the todianDepartment alfl
it and report it when
Personnel l is the custodian of ds r Any person who believes
t annexed legal notice or advertisement was
official personnel/payrolland
records he or she has been subjected to
rr curent. past employees iofn harassment in any form is in the regular and entire issue of
County.The femployee's rso file in encouraged to take the following published 9
heartment l file for will I through
hro every number of said weekly newspaper for
the t for h 1 t The Director-o f the every
employment inquiries. The F.The Departmentorthe the period of 1 consecutive insertion(s); and
Department of Social Services of Personnel (or designee) will
maintains performance records for investigate such incidents. Upon that the first publication of said notice was in
current employees in that completion of the investigation,the
department.Colorado law requires Director of the Department of the issue of newspaper, dated 9th day of
that the files be restricted from Personnel shall report the findings
access by anyone other than an to the appropriate department November 2005, and the last on the 9th day
individual who has a direct interest; head or elected official for possible i
that is, the employee or the disciplinary action. All cases of of November 2005.
employee's supervisor. Each harassment will be handled with r
employee has access to his or her strong disciplinary action, up to
own records. and including termination from
B-No change. employment.
Sec. 3-2.90. Employee Sec. 3-3-70. Suspension and
definitions. termination for charge with
A through I-No change. crime.
J. Special funded. An at-will A. In the event an employee is
position which is funded through formally charged or indicted for the
grant or other special funding. commission of a crime, the
Benefits will vary and be department head or elected official
dependent on the funding that is (or designee) may suspend such
provided. employee, with or without pay,
Sec.3-3-50.Harassment. pending prosecution of the offense.
A. The County strongly Unless the circumstances are such
disapproves of and does not that immediate action must be
tolerate harassment of any kind, taken, the department head or
nor any behavior by any employee elected official (or designee)
that creates an unacceptable should hold a hearing with the
employment environment or hostile employee prior to a suspension
work environment. Any form of without pay. If the circumstances
harassment that violates federal, warrant an immediate suspension __�
state or local law,including but not without pay, the department head
limited to,harassment related to an or elected official (or designee)
individual's race, religion, color, should hold a hearing with the ,. ,
sex, sexual orientation, national employee as soon alter the k'! t�{ISf1er. s eson se sworn before me, this the
origin,ancestry,citizenship status, suspension takes effect as is
marital status, pregnancy, age, practicable. The employee will be •tka�7.pf November, 2005.
medical condition, handicap or informed of the reason for the \• y.'S,.
disability is a violation of this policy hearing and will be afforded an •, 4r
and is grounds for discipline,up to opportunity to respond to the �,
and including termination from charges.The hearing may be very ,,U
empption tt A person can harass s the mal, with no drequired priord
another on the basis of a notice. No other person besides L.) • i/V///f1 l^`\-AAA/ /lJ•%J`Q,l
�ryerception that someone has a the department head or elected
Cain personal characteristic official (or designee) and the
tether or not they actually have employee may be present at the otry UbIIC.
oral characteristic.There does not hearing.If the department head or
have to be a persistent pattern, elected official (or designee)
and an isolated incident can determines, based upon the
amount to harassment. situation, that immediate
Harassment may involve action, disciplinary action is appropriate,a
behavior, exclusion, comment or hearing as set forth in Section
physical contact which is found 3-4-10 of this Chapter may take = ,
objectionable or which creates an place instead of a hearing as
offensive environment or results in provided in this Section. CASE NO.370207 key 21610
B.If an employee is found guilty of employee and department head or Board be,and hereby is, directed
any crime by a court or jury, the elected official of the hearing date. to arrange for Colorado Code
County shall immediately suspend Sec.3-4-70.Grievance hearing. Publishing to supplement the Weld
such employee without pay until A.Presence at hearing. County Code with the amendments
the employee's conviction shall clear-"all"> contained herein, to coincide with
become final at the time the 1-No change. chapters, articles, divisions,
,�rinployee is sentenced. 2. Persons in attendance. The sections,and sub sections as they
twithstanding the criminal grievance hearing is not a public currently exist within said Code;
zceeding in which the employee hearing.The Grievance Board,the and to resolve any inconsistencies
a involved, the County may grieving party plus one (1) regarding capitalization,grammar,
conduct its own internal representative, the responding and numbering or placement of
investigation of the employee's department head or elected official chapters, articles, divisions,
actions and other job performance. or other designated supervisor, sections, and sub-sections in said
The department head or elected plus one (1) representative, a Code.
official (or designee)is authorized representative of the Department clear-"all>
to take any appropriate discipline of Personnel,the recorder and any BE IT FURTHER ORDAINED by
against the employee at any time, witnesses,while giving testimony, the Board if any section,
up to and including termination.In are the only persons allowed to be subsection, paragraph, sentence,
addition, at the time such present at grievance hearings.The clause,or phrase of this Ordinance
employee's conviction is final(i.e., grieving employee shall be entitled is for any reason held or decided to
after a finding of guilt and to be accompanied and be unconstitutional, such decision
sentencing by a court or other represented at the hearing by an shall not affect the validity of the
tribunal),notwithstanding any prior attorney,or if not an attomey,any remaining portions hereof. The
disciplinary action, the employee other person of his or her choice. Board of County Commissioners
may be terminated. A deferred Remainder of Section-No change. hereby declares that it would have
judgment and sentence upon a Change titles of sections, as enacted this Ordinance in each
plea of guilty or nob contendere follows: and every section, subsection,
shall be deemed to be a final Sec. 3-5-20. paragraph, sentence, clause, and
conviction at the time the Resignatlon/retirement. phrase thereof irrespective of the
employee enters the plea and such Sec. 3-5-30. Retirement fact that any one or more sections,
plea is accepted by the Court. contributions. subsections, paragraphs,
C. During the period of time that Sec.3-6-20.Sick leave. sentences, clauses, or phrases
the employee is suspended with or A through D-No change. might be declared to be
without pay, the employee is E. An employee may be required unconstitutional or invalid.
required to notify the department to provide a medical doctors
head or elected official (or verification that the employee has NOTICE
designee)of any change in his or been seen at a clinic for an illness PURSUANT to the Weld County
her address or phone number or or a medical doctors verification of Home Rule Charter, Ordinance
the status of the criminal case. If fitness for duty at any time.Abuse Number 2005-14 published above,
an employee's suspension without of sick leave or excessive was introduced and, on motion
pay continues for up to three (3) absenteeism may result in the loss duly made and seconded,
months, the department head or of the privilege to accumulate sick approved upon first reading on
elected official (or designee)shall leave or may result in other October 31,2005.A public hearing
further investigate the matter.If the disciplinary actions, including and second reading is scheduled
department head or elected official termination. An employee who is to be held in the Chambers of the
(or designee) determines, based absent from work for medical Board, First Floor Hearing Room,
upon the results of the reasons for more than three days, 915 10th Street,Greeley,Colorado
investigation, that disciplinary or is absent intermittently for the 80631, on November 9,2005. All
action is not yet warranted, an same condition,may be required to persons in any manner interested
additional informal hearing may be provide a doctor's certification and in the reading of said Ordinance
held with the employee to to complete all forms as directed are requested to attend and may
determine the status of the criminal under the Family Medical Leave be heard.
proceedings.The department head Act. Please contact the Clerk to the
elected official (or designee) Remainder of Section-no change. Board's office at phone (970)
y decide to continue the Sec.34-50.Family and medical 336-7215, Extension 4225, or fax
spension with or without pay. leave policy. (970)352-0242,prior to the day of
The department head or elected A through K-no change. the hearing if, as the result of a
official (or designee) shall review L.Use of paid and unpaid leave. disability, you require reasonable
the status of the suspension on a 1 through 3-No change. accommodations in order to
three-month basis until such time 4. An employee who is taking participate in this hearing.
that the employee's case is leave for the adoption care or Any backup material, exhibits or
resolved, a disciplinary action has foster care of a child must use all information previously submitted to
occurred,or both. paid vacation leave,qualifying sick the Board of County
D-No change. leave, personal leave and comp Commissioners concerning this
Sec. 3.4-60. Grievance time prior to being eligible for matter may be examined in the
procedure. unpaid family leave.Care leave for office of the Clerk to the Board of
The employee grievance adoption, birth or foster care County Commissioners,located in
procedure is as follows: expires twelve (12) months from the Weld County Centennial
A through D-No change. the date of the birth or placement. Center, Third Floor, 915 10th
E. Step 5. Filing a formal written Remainder of Section-No change. Street, Greeley, Colorado,
grievance. If the employee ARTICLE VII between the hours of 8:00 a.m.
disagrees with the department Wages and Hours and 5:00 p.m.,Monday thru Friday,
head or elected official's answer,or Sec. 3-7-20. Employee or may be accessed through the
if grieving a dismissal from classification. Weld County Web Page
employment, the employee may All County employees will be (www.co.weld.co.us). E-Mail
file a formal written grievance with classified as exempt or nonexempt messages sent to an individual
the Department of Personnel within from overtime provisions. Each Commissioner may not be included
ten(10)calendar days of receiving department head or elected official in the case file. To ensure
the department head's or elected shall prepare a schedule inclusion of your E-Mall
official's written response or designating the hours each correspondence into the case
dismissal from employment. The employee in his or her department file, please send a copy to
written grievance must clearly state shall work, as well as the charding@co.weld.co.us.
the employee's side of the case established workweek for the SECOND READING: November
and must include the following: department.Work by an employee 9,2005,at 9:00 a.m.
specifically what decisions or at times other than those THIRD READING: December 12,
actions the employee is grieving; scheduled shall be approved in 2005,at 9:00 a.m.
what remedy the employee is advance by the department head BOARD OF COUNTY
seeking in the grievance; the or elected official or, in cases of COMMISSIONERS
specific facts as they are known to unforeseen emergency, shall be WELD COUNTY,COLORADO
the employee;any documentation approved by the department head DATED:November 4,2005
to substantiate the facts; and a or elected official after the PUBLISHED: November 9, 2005,
summary of the answer of the emergency work is performed. in the Fort Lupton Press
supervisor and department head or Sec.3-1040. Classification and
elected official. pay plan.
F. Step 6. Reconciliation. The In accordance with Section 4-2 of
Director of Personnel may attempt the Home Rule Charter,the Board
to reconcile the differences. If the of County Commissioners has
Director of Personnel is adopted a classification and pay
administering the discipline, the plan. Position classification is the
rector of Finance and organizing of all jobs in the County
'ministration wit attempt into groups or classes on the basis
onciliation. If reconciliation is of their duties, responsibilities and
_adertaken and it is not successful, qualification requirements of skills,
a grievance hearing will be knowledge and abilities. Job
scheduled. classifications are a vital element
G. Step 7. Scheduling the upon which a pay structure is
grievance hearing.The Director of based and administered.
Personnel has fifteen(15)calendar Sec.3-10-110.REPEALED
days from receipt of the written Amend Appendix 3-A.
grievance to set a grievance BE IT FURTHER ORDAINED by
hearing date and to notify the the Board that the Clerk to the CASE NO.370207 key 21610
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