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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hereby is, repealed and re-enacted, with amendments, to read as follows.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, tfhe
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 legal actirn,s, employment rcfcrt.1cc -u,
airy ether uff.,.af 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.
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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. Examples of prohibited conduct ;nuud0, but ale nut I;, ,ited to: lewd or sexually
suggestive comments; off color language or jokes of a sexual nature, slurs and
other vei Lai, graphic or physical conduct relating to an individual's gender; and any
display of sexually explicit pictures, greeting cards, articles, books, magazine.-s,
photos orcartoans.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 or e-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 sexual harassment, employees should confront
it and report it when it occurs. Any person who believes he or she has been
subjected to sexual harassment in any form is encouraged to take the following
action:
1 through 4 - No change.
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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 s�auaf 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 other job 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
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PAGE 3 ORD2005-14
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. ff re,,oi.ciliation is w,dc,left..,,, Ly tl
Dii ector of Personnel and it is not successful,tThe 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, or-any other person of his or
her choice.
Remainder of Section - No change.
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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. Unpaid-fFamily 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
fair Labor Staiklaida A..tWages and Hours
Sec. 3-7-20. rim Lab..r Ctai1dards Act(fLSA)Employee classification.
All County employees will be classified in accordancc with the fa;, Lobo, Standards Ad
(FLSA)as exempt or nonexempt from-the overtime provisionstf tl ia ALA. You may consult wit' time
Depart i,ent of Pctscnnal 1cganf,.g tl,e FLSA status of empluyaao. 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.
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Sec. 3-10-40. Classification and pay plan.
In accordance with Section 4-2 of the Home Rule Charter, the Board of County
Commissioners has adopted a classification and pay plan. The plat, is tht, f.,und€A;on of a job
V.;a..taJ..ai cc. ayataa r 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. Crandfathered positions.REPEALED
The Board of County Commissioners will address pay adjustments for grandfathered
employees annually. Crandfathered employees are those whose pay has been frozen and are not
Lfyible to .eceive annual pay adjustments due to thci. pay b..;..g LIbore- the job ratc-
Grai.dfathe.ad an.pluyaas' pay wall ba frozen until the pay fa; Stop 9 o.. the pay table for his U. I.a.
position classification is equal to or greater than his or her current, frozen pay rate.
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 exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2005-14 was, on motion duly made and
seconded, adopted by the following vote on the 12th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
First Reading: October 31, 2005
Publication: November 9, 2005, in the Fort Lupton Press
Second Reading: November 21, 2005
Publication: November 30, 2005, in the Fort Lupton Press
Final Reading: December 12, 2005
Publication: December 21, 2005, in the Fort Lupton Press
Effective: December 27, 2005
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APPENDIX 3-A
DRUG USE AND ALCOHOL MISUSE
SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS
The following entities provide services pursuant to this Policy:
Substance Abuse Professional: (referred by Weld County)
Cynthia Fravel, LPC, CAC II, SAP
Front Range Psychotherapy Associates, LLC
760 Whalers Way, C-200 1501 N. Cleveland Avenue
Fort Collins, CO 80525 Loveland, CO 80538
FAX: 970-204-7883 FAX: 970-663-5601
Phone: 970-204-7880 Phone: 970-669-2631
Laboratory:
LabOne, Incorporated
10101 Renner Blvd.
Lenexa, KS 66219
1-800-728-4064
Medical Review Officer:
Medical Technical Review Dr. Christine Kasser, M.D., Associate MRO
P. O. Box 490 Dr. Jeff Larsen, M.D.
Hudson, WI 54016
1-800-880-4444
Persons with questions regarding Weld County's Policies Implementing the Federal Transit
Administration Regulations on Drug Abuse and Alcohol Misuse should contact:
Michelle Raimer
Weld County Personnel Department
mraimer@co.weld.co.us
970-356-4000 x4233— Office
970-352-9019— Fax
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