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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hereby is, repealed and re-enacted, with amendments, to read as follows.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, 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.
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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. This may include harassingA 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 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 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.
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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 courtorothertribunal),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.
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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.
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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 Rule 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
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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.
The above and foregoing Ordinance Number 2005-14 was, on motion duly made and
seconded, adopted by the following vote on the 28th 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-Tem
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
Continued to: December 12, 2005
Publication: December 14, 2005, in the Fort Lupton Press
Final Reading: December 28, 2005
Publication: January 4, 2006, in the Fort Lupton Press
Effective: January 2, 2006
2005-3394
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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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