HomeMy WebLinkAbout20030988.tiff 4-2/-.2003
WELD COUNTY
CODE ORDINANCE 2003-4
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, ARTICLES 1
THROUGH 12 OF 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 requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that Articles 1 through 12 of Chapter 3, Personnel, of the Weld
County Code be,and hereby is, repealed and re-enacted,with amendments,and is revised to read
as follows.
ARTICLE I
General Provisions
Sec. 3-1-10. Introduction. This Chapter contains the Board of Commissioners' personnel
policies, plans, and procedures as enacted by the Weld County Code, as amended, and as
required by Section 4-2(B) of the Weld County Home Rule Charter. It is designed to be used by
department heads,supervisory and staff personnel,and employees in the day to day administration
of the County personnel system. In cases that are unique to a specific department or office,
Departmental Supplemental Personnel P olicies will be issued. These Supplements must be
approved by the Board of County Commissioners.
Sec. 3-1-20. Management rights.
A. The contents of this Chapter and all Departmental Supplemental Personnel Policy Forms are
presented as a matter of information only. The Board of County Commissioners reserves the
right to modify, revoke, suspend, terminate, interpret, or change any or all of these plans,
policies or procedures, in whole or in part, at any time. The language used in this Chapter
and in all Departmental Supplemental Personnel Policy Forms is not intended to create, nor
is it to be construed to constitute, a contract between The County and any one (1) or all of
its employees. All County employees have been in the past and are currently considered to
be employed at-will.
B. All plans, policies, and procedures contained in the Chapter and in all Departmental
Supplemental Personnel Policy Forms will be administered in accordance with federal and
state laws and with the Weld County Home Rule Charter.
C. The contents of this Chapter supersede all previous versions of the Employee Personnel
Policy Handbook, all personnel plans, policies, procedures, manuals, resolutions, and/or
personnel operations manuals, except for the procedures set forth in any Departmental
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Supplemental Personnel Policies that have been received by the Department of Personnel
and approved by the Board of County Commissioners.
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. The appointed chief deputy of the Clerk and Recorder and Assessor.
2. All hourly employees as described in Section 3-1-40.
3. All elected officials as defined by the Weld County Home Rule Charter.
4. Reserve deputies and Sheriffs posse.
5. The District Attorney for the Nineteenth Judicial District and any and all assistants,
deputies, and other employees of said District Attorney.
6. The County Attorney and all Assistant County Attorneys.
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. Work Study. Contracts with area schools such as Aims Community College and the
University of Northern Colorado.
2. Contracts for specialized services. The County enters into special contracts for some
services in lieu of hiring an employee.
3. Student Intern Programs. Area schools occasionally place student interns in County
Departments for internships.
4. Employment Services of Weld County. The County Department of Human Services
places people in various programs including in-school and summer youth, CWEP,
JTPA, Job Service, Employment First, TANF, AmeriCorp, Welfare to Work, EDWAA,
etc.
5. Useful Public Service. This program is limited to individuals required to perform public
service in lieu of some other penalty.
6. Any other job program which falls into this category and has been approved by the
Board of County Commissioners.
Sec. 3-1-40. Personnel records.
A. 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 legal actions, employment references, or any other
official inquiries. 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(s). Each employee has access to his own records.
B. The employee may authorize a third party access to his record with written authorization
signed by the employee which specifies exactly what items can be accessed or released.
Without additional signed authorization, the County will only confirm employment and length
of employment with the C ounty. I nquiries t hat are a uthorized b y employees o r former
employees from prospective employers will be answered based on the final performance
evaluation of the employee. Information will not be provided without the employee's
permission.
Sec. 3-1-50. Service awards.
A. The County appreciates the extended service of its employees and provides service
recognition awards for employees who have completed ten (10) and twenty (20) years of
continuous affiliation as an active full-time employee. The ten-year award shall be an
emerald pin and the twenty-year award shall be a ruby pin. The service awards shall be
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presented annually at an awards ceremony scheduled by the Board of County
Commissioners.
B. Employees formally retiring from County service who have served continuously as an active
employee for eight (8) years or more may be awarded a retirement pin at the time of their
retirement by the Board of County Commissioners upon the recommendation of the
employee's department head or elected official.
C. Receipt of the above awards is not an employee right or guaranteed benefit. The award of
the retirement or service pins can be terminated by the Board of County Commissioners at
any time.
ARTICLE II
Employment information
Sec. 3-2-10. Equal Employment Opportunity (EEO).
A. The County strives to attain complete compliance with all provisions of equal employment
opportunity laws. Recruiting, selection and advancement of employees will be on the basis
of their relative ability, knowledge, skills, and other relevant factors.
B. It is the intent of the County to:
1. Recruit, hire, train and promote persons in all job titles without regard to race, religion,
color,sex,age,national origin,disability,veteran status,or any other status or condition
protected by applicable state law, except where a bona fide occupational qualification
applies.
2. Administer all personnel actions such as compensation, benefits, transfers, layoffs,
return from layoff, County sponsored training, education and tuition assistance without
regard to race, religion, color,sex,age, national origin,disability,veteran status,or any
other status or condition protected by applicable state law, except where a bona fide
occupational qualification applies.
3. An employee should contact the Director of Personnel if the employee has a
suggestion, a problem, or a complaint with regard to EEO.
4. Any applicant who applies for a job with the County and feels there may have been
illegal discrimination on the basis of race, color, religion, sex, national origin, or belief,
age, or disability, during the application/job selection process, may appeal this alleged
discrimination in writing to the Director of Finance and Administration. The Director of
Finance and Administration or his designee will then investigate the alleged
discrimination.
Sec. 3-2-20. Political activities. In accordance with Section 4-2 of the Weld County Home Rule
Charter, no employee shall, during working hours, engage in any political activity. This includes
requiring an applicant or employee to divulge political beliefs or to make contributions to political
parties or groups.
Sec.3-2-30. Hours of operation. The Board of County Commissioners hereby reserves to itself
the authority to determine the hours of the day during which County offices will be open.
Sec. 3-2-40 Promotions/transfers.
A. Promotions and transfers may be given to employees for the purpose of better utilizing the
abilities of County employees. The County is interested in employee development and
encourages all employees to prepare for advancement to higher positions.
B. Promotions and transfers from within the County are made when appropriate. County
employees are encouraged to apply for vacancies for which they are qualified by completing
a Transfer Request Form and a Weld County Employment Application. County employees
who meet the position criteria may be selected for interview for the position. All requests for
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transfer should be channeled through the employee's supervisor to the department head or
elected official and then to the Department of Personnel. Department heads and elected
officials have the discretion to promote individuals within their departments based on
performance and/or qualifications without advertising a position or without conducting
interviews.
Sec. 3-2-50 Vacancies.
A. Because there are times when it is necessary to fill the position as quickly as possible, the
County may find it expedient to advertise concurrently in the outside market at the same time
the position is advertised internally.
B. Applications are screened by the Department of Personnel by comparing the applicant's
qualifications to the job requirements. In specialized professional fields, departments may
assist in the screening process. The Department of Personnel will certify a list of names of
the applicants that meet the minimum qualifications to the departments and refer the most
qualified applicants to the department head or elected official for interview and final selection.
Department heads or elected officials may not interview applicants unless they have been
certified by the Department of Personnel. Department heads or elected officials are the only
authorized appointing officials for the County. This authority cannot be delegated.
C. In all instances of transfer, the employee will be subject to a promotional review period of six
months.
Sec. 3-2-60. Re-employment. At the discretion of the department or elected official, a regular
employee who resigned within one year and was in good standing at the time of the resignation
may be rehired. Upon re-employment, the employee shall be subject to all conditions of
employment, including the twelve-month initial review period applicable to new employees. If the
date of termination is less than thirty-one(31)days, the employee will be reinstated with no change
in hire date.
Sec. 3-2-70. Outside employment. An employee may engage in outside employment if there is
no interference with assigned working hours and duties, no real or apparent conflicts of interest
with assigned responsibilities, and if approved by the department head or elected official.
Exceptions are when it would be prohibited by the Weld County Home Rule Charter or by resolution
of the Board of County Commissioners.
Sec. 3-2-80. Employment of relatives.
A. In accordance with Section 4-2 of the Weld County Home Rule Charter, an appointing or
employing authority may not employ or request the employment of any person who is related
to him or her as spouse, parent, child, brother, sister or in-law.
B. Relatives may not be in a position to supervise another relative. A supervisor may not
supervise any employee with whom he or she may reside. Relatives may not have access
to confidential information, including payroll and personnel records. Relatives may not audit,
verify, receive or be entrusted with County funds handled by another relative. For the purpose
of this paragraph, relative is defined as spouse, parent, child, stepchild, sibling, half-sibling,
grandparent, grandchild, uncle, aunt, niece, nephew, or domestic partner, or in-law.
C. When two employees in the same department or in a supervisory relationship get married or
become domestic partners, if the listed guidelines apply, the one with the shorter length of
service will be required to transfer or resign within thirty (30) days unless the other does so
voluntarily.
Sec. 3-2-90. Employee definitions.
A. Initial review. New employees are on initial review status for the first twelve (12) months of
employment. The initial review status may be extended beyond the first twelve (12) months
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1
at the supervisor's discretion. Upon satisfactory completion of the review period, the
employee will become a regular member of the County workforce. Employees on an initial
review whether for the twelve (12) months or extended initial review may not file a grievance
as described in Sec. 3-4-40 of this Chapter.
B. Promotional/Transfer review. Employees promoted or transferred into a new position will be
under a review status for six (6) months.
C. Special review. A department head or elected official may institute a special review period
due to performance that was not up to department standards. The length of the special
review period shall be at the discretion of the department head or elected official.
D. Regular. A regular employee is a full-time employee who is not on any review period. All
personnel policies and procedures are applicable to regular employees including grievance
procedures. Regular employees may take advantage of benefits including insurance, time
off, and retirement.
E. Full-time. A full-time employee is an employee who is regularly scheduled to work at least
forty(40)hours per week. Depending on the situation,any of the above definitions may apply
to full-time employees.
F. Seasonal. A seasonal employee is hourly,working forty(40)hours per week, but for only part
of the year. There is no paid leave time, but seasonal, forty(40) hours per week employees
may participate in the health insurance program. These employees have none of the
grievance rights as described in this Chapter and may not participate in the Weld County
Retirement Plan.
G. Hourly. An hourly employee is paid only for the hours worked. The employee is not paid for
any leave time. Hourly employees have none of the grievance rights as described in this
Chapter. The employee does not participate in the Weld County Retirement Plan nor in any
other County benefits.
H. Pad-time. A part-time employee is regularly scheduled to work less than forty(40)hours per
week. The part time employee who consistently works at least twenty(20) hours per week,
may participate in the health, life, and disability insurance programs. The employee has no
grievance rights as described in this Chapter and may not participate in the Weld County
Retirement Plan.
I. Job share. A job share employee works part-time and may participate in most County
benefits except retirement. Job share normally means a full-time position with benefits has
been split so it may be shared by two people. Benefits are earned on a pro-rata basis based
on standard hours worked. Job share pro-rated accrual rates are shown in Table 3.1.
Table 3.1
Job Share Status
Normal Hours Worked
Per Week Job Share Status
30-39 .75
20-29 .50
Sec. 3-2-100. Working after retirement.
A. Employees retiring from the County service under the State of Colorado PERA retirement
program shall be governed by PERA rules and regulations for employees working after
service or disability retirement. Refer to PERA rules and regulations.
B. Employees retiring from County service under the Weld County Retirement Plan may work
no more than a total of one thousand nine hundred seventy-six (1,976) hours annually,
January to January, as an hourly, part-time, orjob share retiree employee to continue
receiving Weld County Retirement Plan benefits. Depending on the job situation, a retiree
may receive pay and benefits in any one (1) of the following retiree categories:
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1. Hourly. An hourly retiree employee is paid only for the hours worked. The employee
is not paid for any leave time. Hourly employees have none of the grievance rights as
described in this Chapter. The employee does not participate in the Weld County
Retirement Plan nor in any other County benefits.
2. Part-time. Part-time retiree employee is regularly scheduled to work less than forty(40)
hours per week. The part time employee who consistently works at least twenty (20)
hours per week, may participate in the health, life, and disability insurance programs.
The employee has n o grievance rights as described in this Chapter and may not
participate in the Weld County Retirement Plan.
3. Retired with Benefits. A part-time retiree employee works part-time and may participate
in most County benefits with the exception of contribution to the Weld County
Retirement Plan. The needs of the department and/or County will dictate if this status
is possible. Benefits are earned on a pro-rata basis based on standard hours worked,
shown in Table 3.2.
Table 3.2
Retiree Status
Weekly Annual Retiree
Hours Hours Status
38 1,976 .95
34 1,768 .85
30 1,560 .75
20 1,040 .50
C. Department head classification shall receive a proration of department head benefits based
on the number of hours worked, as depicted above under Proration of Benefits. As with full-
time department head positions, no sick leave or vacation accrual applies.
Sec. 3-2-110. Benefit table. Table 3.3 describes benefits by employee type for County
employees:
Table 3.3
Benefit Table by Em 3loyee Type
Full Retired Retired
Time Job Part With Part Retired
Regular Share Seasonal Time Hourly Benefits Time Hourly
Step Progression Yes Yes No "No No Yes No No
Health Insurance Yes *Yes *Yes 'Yes No 'Yes *Yes No
Disability Insurance Yes Yes No Yes No Yes Yes No
Life Insurance Yes Yes No Yes No Yes Yes No
Weld County Retirement Plan+ Yes No No No No No No No
Sick Leave Yes *Yes No No No 'yes No No
Vacation Leave Yes `Yes No No No *Yes No No
Holiday Pay Yes *Yes No No No *Yes No No
Personal Leave Yes *Yes No No No *Yes No No
Bereavement Leave Yes 'Yes No No No *Yes No No
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Full Retired Retired
Time Job Part With Part Retired
Regular Share Seasonal Time Hourly Benefits Time Hourly
Sick Leave Bank Yes *Yes No No No *Yes No No
Grievance Rights Yes Yes No No No Yes No No
*Pro-rated. An employee must consistently work twenty(20)hours or more per week to receive a pro-rated health insurance
benefit.
**Paramedic Services-Yes
+All employees of the Department of Public Health and Environment will be members of PERA
ARTICLE III
Standards of Conduct
Sec. 3-3-10. Expectations of proper conduct.
A. Every County employee should be aware that they are public employees 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. Failure to meet performance standards.
2. Conduct endangering the safety or well-being of self, fellow employees or the public.
3. Negligent or willful damage or waste of public property.This includes misuse of County
property, equipment, vehicles or other materials for private gain, use or convenience
and unauthorized use, possession or storage of County property.
4. Failure to comply with lawful orders or regulations.
5. Insubordination.
6. Any acts or threats of violence, threatening behavior, or the use of obscene, abusive,
or threatening language or gestures toward the public or fellow employees.
7. Violation of the Drug-Free Workplace policy stated in this Chapter.
8. Unexcused absence.
9. Conviction of a serious crime (Sec. 3-3-70).
10. Accepting bribes, money, or property or services of value in the course of employment.
11. Any material omission or falsehood in the application or interview for employment.
12. Falsifying sickness, or any other cause of absence.
13. Dishonesty.
14. Giving preferential treatment to individuals or groups.
15. Breach of confidentiality.
16. Loss or suspension of driving privileges in those positions that require a valid driver's
license.
17. Loss of any license, certification or registration which is required by a position.
18. Any conduct which is likely to have adverse effect upon the functioning of County
government.
19. Violation of any policy duly adopted by resolution or ordinance of the Board of County
Commissioners and set forth in Chapters 1 and 2 of this Code, including, but not limited
to, smoking in buildings and vehicles under the control of the County and lobbying by
County employees without authorization.
B. The foregoing list is for illustrative purposes only and is not intended to be all inclusive.
Sec. 3-3-20. Reporting misconduct.
A. An employee observing misconduct should report the incident immediately to the department
head or elected official. Employees may report misconduct of a department head or elected
official to the Department of Personnel.
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B. If misconduct did occur, appropriate disciplinary action may be taken. No department head
or elected official shall initiate or administer any disciplinary action against an employee on
account of the employee's reporting misconduct, unless the reporting employee:
1. Knows that the report is false, or the report was made with disregard to its truth or
falsity.
2. Discloses information which is confidential from government records which are closed
to the public, pursuant to Section 24-72-204, C.R.S.
3. Discloses information that is confidential under any other provisions of law.
C. Employees should refer to Sections 24-18-101, 201, C.R.S., to determine what should be
done to comply with state law regarding possible conflict of interest.
Sec. 3-3-30. Workplace violence.
A. The County is committed to preventing workplace violence and to maintaining a safe work
environment. Given the increasing violence in society in general, The County has adopted
the following guidelines to deal with intimidation, harassment, or other threats of violence or
acts of violence that may occur during business hours or on its premises.
B. All employees, including supervisors and temporary employees, should be treated with
courtesy and respect at all times. Employees are expected to refrain from fighting, horseplay,
physical and/or verbal intimidating, threatening or violent conduct, vandalism, sabotage,
arson, use of weapons and/or carrying weapons onto County property, or any other conduct
that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous
devices or substances are prohibited from the premises of the County without proper
authorization.
C. All suspicious individuals or activities should also be reported immediately to a supervisor.
Do not place yourself in peril. If you see or hear a commotion or disturbance near your work
station, do not try to intercede or see what is happening. Employees should directly contact
law enforcement, security and/or emergency services if they believe there is an imminent
threat to the safety and health of themselves or co-workers.
D. The County will promptly and thoroughly investigate all reports of threats of violence or acts
of violence and of suspicious individuals or activities. The identity of the individual making
a report will be protected as much as is practical. In order to maintain workplace safety and
the integrity of its investigation, the County may suspend employees, either with or without
pay, pending investigation.
E. The County encourages employees to bring their disputes or differences with other
employees to the attention of their supervisors or the Department of Personnel before the
situation escalates into potential violence. The County is eager to assist in the resolution of
employee disputes, and will not discipline employees for raising such concerns.
Sec. 3-3-40. Searches.
A. The County reserves the right, with reasonable suspicion of wrongdoing, to conduct at any
time,without notice,searches and inspections within the workplace of employees,employees'
personal effects or employer-provided material. This may include, but is not limited to: lunch
and beverage containers, purses, lockers, desks, personal computer files, cabinets, file
drawers, packages or vehicles. Because of this, employees should not bring highly personal
items into the workplace.
B. Any illegal and unauthorized articles or stolen property discovered may be taken into custody
and will be turned over to law enforcement representatives. Any employee who refuses to
submit to a search will be subject to disciplinary action up to and including termination.
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
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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. It is the responsibility of every
employee to avoid offensive or inappropriate behavior at work and to assure that the work
place is free from harassment at all times.
B. A hostile work environment arises when the workplace is permeated with discriminatory
intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions
of the victim's employment and create an abusive working environment.
C. Examples of prohibited conduct include, but are not limited to: lewd or sexually suggestive
comments; off-color language or jokes of a sexual nature; slurs and other verbal, graphic or
physical conduct relating to an individual's gender; and any display of sexually explicit
pictures, greeting cards, articles, books, magazines, photos or cartoons.
D. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature, when:
1. Submission to the sexual harassment is made either explicitly or implicitly a term or
condition of employment.
2. Submission to or rejection of the harassment is used as the basis for employment
decisions affecting an individual.
3. The harassment has the purpose of or the effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive working
environment.
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. In circumstances where one does not think one's personal safety will be jeopardized,
communicate clearly to the offender that the behavior is not welcomed and should
cease immediately.
2. Discuss one's concerns with the Department of Personnel or other appropriate support
person in an effort to resolve the problem informally.
3. Consider the option of choosing a third party mediator to help resolve the complaint.
4. Should mediation efforts not be initiated, or if they fail, file a formal complaint with the
Department of Personnel.
F. The Director of the Department of Personnel or his/her 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 sexual harassment will be handled with strong disciplinary
action, up to and including termination from employment.
Sec. 3-3-60. Drug-free workplace.
A. In accordance with the Drug-free Workplace Act of 1988, the County as a federal grant
recipient is required to certify to the granting agency that it will ensure a drug-free workplace.
Failure to comply with this requirement could result in suspension of the grant payments or
termination of the grant payments or both. It is in the best interest of the County and its
employees to provide for a safe, drug-free workplace. This requirement presents both a
necessity and an opportunity to take immediate action to eliminate drug abuse from the
workplace. To that end, the following policy is in effect.
Statement of Policy
1. All employees are prohibited from being under the influence of alcohol or illegal drugs
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during working hours and/or while performing any duties for the County.
2. The use, sale, possession, transfer or purchase of illegal drugs on County property, or
during working h ours a nd/or while p erforming any duties for the C ounty i s strictly
prohibited, and will be subject to disciplinary action, up to and including termination.
3. No alcoholic beverage w ill b e brought onto o r consumed o n C ounty p remises, o r
consumed during working hours or while performing duties for the County. Possession
or consumption of alcoholic beverages on County premises, or consuming alcoholic
beverages during working hours or while on duty for the County, will result in
disciplinary action, up to and including termination.
4. No prescription drug will be brought onto County premises by any person other than the
one for whom it is prescribed. Such drugs will be used only in the manner,combination,
and quantity prescribed. Employees who must use over the counter or prescription
drugs that may cause adverse side effects or may affect their ability to perform work in
a safe and productive manner must notify their supervisors prior to starting work. The
supervisors, after inquiry, will decide if the employees may remain at work and what
work restrictions, if any, are necessary.
5. For the purposes of these rules, an alcoholic beverage is any beverage that has an
alcoholic content in excess of three percent (3%) by volume.
6. Drug means any substance other than alcohol capable of altering an individuals mood,
perception, pain level, or judgement. A prescribed drug is any substance prescribed
for individual consumption by a licensed medical physician. An illegal drug is any drug
or controlled substance, the sale, possession or consumption of which is illegal.
B. If an employee is suspected of being in violation of the above-stated policy,the employee will
be sent to the County designated drug testing facility for testing at County expense. If the
test result i s positive, the employee will b e p laced o n Leave Without Pay status. The
employee will not be allowed to return to work until a negative return to duty drug test result
is provided. This test will be at the expense of the employee.
C. Any employee found in violation of the above-stated policy will be subject to disciplinary
action, up to and including termination from employment for a first offense.
D. Compliance with the above-stated policy is a condition of employment for all employees of
the County. Further, any employee who is convicted under a criminal drug statute for a
violation or who pleads guilty or nob contendere to such charges must notify the County
within five(5)days of such conviction or plea. Failure to do so will result in disciplinary action,
including termination from employment for a first offense. Employees convicted or who plead
guilty or nob contendere to such drug-related violations are subject to termination and/or
mandatory attendance and successful completion of a drug abuse assistance or similar
program as a condition of continued employment. All fees for any program will be at the
expense of the employee.
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 a 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 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 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 a designee, and the
employee may be present at the hearing. If the department head or elected official
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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 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 nob 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 of any change in address, 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 shall further
investigate the matter. If the department head or elected official or a 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 may decide to continue the
suspension with or without pay. The department head or elected official a designee shall
review the status of the suspension on a three (3) month basis until such time that the
employee's case is resolved, or a disciplinary action has occurred, or both.
D. For the purposes of this section, crime shall be defined as a felony or class 1 or 2
misdemeanor as defined by state law, or a comparable federal or municipal crime or crime
in some other state. The term crime does not include petty offenses.
Sec. 3-3-80. Valid licensing. Certification, registration.
A. In those positions requiring a driver's license, an employee may be suspended without pay
upon knowledge b y t he C ounty of an i ncident i n which t he l icense may b e r evoked o r
suspended. If the license is suspended or revoked for any period, upon administrative
hearing or upon conviction of a traffic offense, or if the employee is determined by the
department head or elected official to be unfit to operate the appropriate vehicle, the
employee may be dismissed.
B. All Sheriffs deputies who are assigned to field operation duties must first be commissioned
by the Sheriff, pursuant to the provisions of§30-10-510, CRS. Any deputy assigned to field
operations duties and who is decommissioned for such work by the Sheriff has no right to
continued employment as a Sheriff's Deputy.
C. If an employee's job requires any license, certification or registration, the employee is
responsible for obtaining it, keeping it valid, and presenting it to the County when requested.
Should such required license,certification or registration expire or be revoked,the employee
may be suspended without pay, or dismissed unless and/or until the license, certificate or
registration is renewed or reinstated by law. If the employee's license or registration is not
renewed or reinstated within a specific period of time, not to exceed ninety (90) days, the
employee may be dismissed.
Sec. 3-3-90. Confidential information. Because of the nature of County business, employees
may have access to information of a confidential nature. This information should not be discussed
except with authorized personnel. If any situation arises concerning confidential information in
which an employee has a question,the employee should discuss it with his supervisor immediately.
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Misuse or disclosure of confidential information obtained in the course of County employment could
result in personal legal liability and disciplinary action, up to and including termination from
employment. Documents and copies generated in the course of County employment are the
exclusive property of the County and are not to be used for personal use or retained in the
possession of an employee.
Sec. 3-3-100. Conflict of interest.
A. Section 16-9 of the Weld County Home Rule Charter states that, no County officer, member
of an appointed Board, or employee shall have any interest in any enterprise or organization
doing business with the County which might interfere with the unbiased discharge of his duty
to the public and the best interest of the County. This restriction shall not apply where the
officer, member of an appointed Board, or employee's department has no direct contact or
business transaction with any such enterprise or organization. Specifically, as follows:
1. No employee of the Department of Purchasing shall have any interest in any enterprise
or organization doing business with the County.
2. Neither the Treasurer nor employees of the Treasurer's office shall have any proprietary
interest in any financial institution in which the County maintains deposits.
B. In the event a question arises as to possible conflict of interest between any County officer,
member of an appointed Board, or employee, and any enterprise or organization doing
business with the County, the question will be presented to the County Council for review,
investigation, decision and resolution. The judgment and decision of the Council shall be
considered final and shall be made a matter of public record. Conflicts of interest in
government employment are also governed by state law, Sections 24-18-101 to 113,and 24-
18-201 to 205, C.R.S. Employees should consult with the County Attorney's office for
guidance to determine whether a possible conflict of interest exists.
Sec. 3-3-110. Appearance/dress.
A. The County requires all employees to present a professional image to the public and our
customers. Accordingly, each employee is required to wear appropriate attire. Employees
are expected to dress neatly and appropriately and practice good grooming and hygiene.
B. Employees working in an office environment with public contact are not authorized to wear
blue denim jeans (blue-jeans) to work except on the day before the 4th of July holiday to
honor the Greeley Independence Stampede Celebration, and on the Friday of the week of
the County Fair. Shorts are not authorized to be worn by any County employees while at
work. If uniforms are provided employees may be required to wear them. Certain jobs in the
County have specific safety requirements, such as hard hats and steel toed shoes.
C. While on duty County employees are not permitted to wear any visible body piercing
ornamentation except on the ears.
D. Employees found in violation of this policy may be sent home without pay or with use of
accrued leave time to change into proper attire and could be subject to further disciplinary
action. Pay status will be determined by the supervisor, department head, or elected official.
ARTICLE IV
Discipline and Grievance
Sec. 3-4-10. Disciplinary actions.
A. Disciplinary actions are to be corrective in nature and are intended to provide reasonable
means for correcting performance. Disciplinary actions may include, but are not limited to
warnings, reprimands, suspension without pay, special review period, demotion, and
dismissal.
B. For any disciplinary action, short of dismissal, which may result in a loss of pay or benefits,
an employee is entitled to a hearing with the department head, elected official, supervisor,
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or other designee who may impose the disciplinary action, at which no other person or
representative shall be present. The employee will be informed of the incident that led to the
hearing and will be afforded the opportunity to respond to the charges. After hearing and
reviewing the employee's response,the department head,elected official,supervisor,or other
designee will then administer the appropriate discipline. Documentation of the hearing and
of the disciplinary action will be forwarded to the Personnel Office.
C. The County reserves the right to by-pass lesser disciplinary action and immediately dismiss
an employee, if, in the sole opinion of the County, the employee's conduct, either by itself or
considering the employee's prior performance, warrants dismissal or other discipline.
Employees holding positions of higher levels of responsibility may be held to higher standards
of performance and thus have more severe disciplinary actions imposed on them than those
who hold positions of lower responsibility.
D. Department heads, elected officials or their appointees may impose disciplinary actions.
However, department heads and elected officials are responsible for disciplinary action
initiated by their appointees.
E. At the time disciplinary actions are taken against an employee, if these actions can be
grieved, the department head/elected official shall make available to the employee a copy of
the grievance section of this Chapter.
Sec. 3-4-20. Dismissal procedures.
A. No dismissal shall be made unless the employee is given a pre-dismissal hearing. These
procedures apply to regular employees only. The employee should receive written
notification of the following: 1) the reason for the possible dismissal, and 2) the time, date,
and place of the scheduled pre-dismissal hearing.
B. The pre-dismissal hearing shall be scheduled the next working day after the employee
receives the notification. The employee will be placed on administrative leave with pay until
a determination of dismissal or retention is made.
C. Attendance at the pre-dismissal hearing is limited to the department head/elected official,the
immediate supervisor, the employee being considered for dismissal, the employee's legal
counsel if desired, and a representative of the Department of Personnel. If the employee is
represented by legal counsel, the department head/elected official may also have legal
representation.
D. The employee shall have the right to make statements to the department head/elected official
which may rebut the reasons stated in the pre-dismissal notification. This rebuttal may be
presented orally or in writing. The pre-dismissal hearing shall not be a full evidentiary
hearing.
E. After receiving said rebuttal, and any other appropriate information, the department
head/elected official shall, within one (1)working day, render a determination as to whether
the employee shall or shall not be dismissed or whether to extend the period of paid
administrative leave in order to provide enough time to investigate the incident(s) so as to
render an informed decision. If the department head/elected official decides to dismiss the
employee, then notification will be provided to the employee under separate letter. The
notification of dismissal shall include the reasons which the department head/elected official
determines to justify dismissal.
F. If the department head/elected official determines that the employee shall be retained, the
department head/elected official may then elect to impose upon the employee any disciplinary
measures short of dismissal.
Sec. 3-4-30. Grieving a dismissal. If the employee is dismissed pursuant to these procedures,
the employee may exercise the right to grieve such dismissal without the necessity of complying
with Steps 1, 2, 3, and 4 of the grievance procedure in Section 3-4-60.
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Sec. 3-4-40. Employee grievance. An employee who feels that the policies set forth in this
Chapter are not being properly applied, or has any disciplinary action taken against him/her that
results in an immediate loss of pay may file a grievance. These actions include termination,
demotion, and/or suspension resulting in loss in pay.
Sec. 3-4-50. Non-grievance items.
A. Employees cannot grieve a County policy that has been adopted by the Board of County
Commissioners, even if they feel it is an unjust policy. The County's policies are addressed
and adopted in public meetings in the form of a County resolution or ordinance. All
employees are encouraged to attend public meetings, on their own time, that involve them
as taxpayers and employees, in order to voice their opinions.
B. Employees cannot grieve performance evaluations or written counseling forms. They can
appeal these to their elected official or department head.
Sec. 3-4-60. Grievance procedure. The employee grievance procedure is as follows:
A. Step 1. Appeal to immediate supervisor. All grievances must first b e p resented to the
employee's immediate supervisor within five (5) calendar days of the incident which is the
subject matter of the grievance.
B. Step 2. Immediate supervisor response to appeal. The immediate supervisor will give the
employee an answer within five (5) calendar days of the presentation of the grievance.
C. Step 3. Appeal to the department head/elected official.
1. If the employee is not satisfied with the supervisor's answer to the grievance, the
employee may, within five (5) calendar days of receiving the supervisor's answer,
appeal the supervisor's answer to the department head or elected official. Such an
appeal must be presented in writing. The writing shall state the nature of the grievance
and explain the employee's position.
2. Timeliness of appeal. In all cases, failure to submit a written appeal to the department
head or elected official within twenty (20) calendar days of the incident which is the
subject matter of the grievance shall constitute a stale grievance and waiver of
grievance rights for the incident.
3. Appeals directly to the department head/elected official. In those instances when the
discipline is being administered directly by the department head or elected official, the
employee grievance procedure begins at Step 5.
D. Step 4. Department head or elected official response to the appeal. The department head
or elected official shall give a written answer to the grieving employee within five calendar
days of the presentation of the grievance.
E. Step 5. Filing a formal written grievance. If the employee disagrees with the department
head or elected official's answer, the employee may file a formal written grievance with The
Department of Personnel within ten (10) calendar days of receiving the department head or
elected official's written response. 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(s) of the supervisor and department head or elected official.
F. Step 6. Reconciliation. The Director of the Department of Personnel may attempt to
reconcile the differences. If the Director of the Department of Personnel is administering the
discipline, the Director of Finance and Administration will attempt reconciliation.
G. Step 7. Scheduling the grievance hearing. If reconciliation is undertaken by the Director of
the Department of Personnel and it is not successful, the Director of the Department 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.
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Sec. 3-4-70. Grievance hearing.
A. Presence at hearing.
1. Presence of employee involved. Under no circumstances shall a hearing be conducted
without the personal presence of the employee who requested the hearing. However,
an employee who fails to appear at such hearing, without good cause, as determined
by the Weld County Grievance Board, shall be deemed to have waived his/her rights
to a hearing.
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 any other person of his choice.
3. The attorney who represents the grieving employee shall be paid by the employee. In
no event shall the County be obligated to pay the employee's attorney fees or any costs
associated with the grievance. The responding department head or elected official, or
other supervisor, shall also be entitled to have an attorney representing him/her at the
hearing.
B. Composition of the grievance board. The Grievance Board shall consist of three members
as listed below. If either party fails to select a member to serve on the Grievance Board by
the date designated by the Director of the Department of Personnel, then the Director of the
Department of Personnel shall appoint a member.
1. One (1) County employee chosen by the grieving employee, but not from the
employee's own office or department.Said County employee's employment status must
include eligibility to participate in grievance procedures; however, said employee may
not be called by either party as a witness.
2. One(1)County employee chosen by the by the department head or elected official that
imposed the disciplinary action, but not from the same office or department as the
department head or elected official. Said County employee's employment status must
include eligibility to participate in grievance procedures; however, said employee may
not be called by either party as a witness.
3. One(1)person with labor relations and/or legal background selected from a list certified
by the Board of County Commissioners. This person shall serve as the Chairperson
of the Grievance Board.
C. Postponements and extensions. Postponements of hearings and extensions of time of
hearings may be requested by either party or his designated agent. However, the granting
of such postponements or extensions shall be made only upon the showing of good cause
and is at the discretion of the Director of The Department of Personnel. Postponements or
extensions will not exceed two (2)weeks, unless there are extraordinary circumstances. In
the event an extension is granted at the request of a disciplined employee,said employee will
not be eligible for back pay for the period of the extension should back pay be awarded.
D. Procedure and evidence. The hearing shall be conducted informally and shall not be subject
to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting
the respective positions should be afforded the parties. The grievance hearing pursuant to
these rules shall not be a hearing under the Administrative Procedures Act or an arbitration
which may be subject to the rules of the American Arbitration Society.
1. Each party shall, prior to or during the hearing, be entitled to submit memoranda
concerning any matters being considered by the Grievance Board. Such memoranda
shall become a part of the hearing record.
2. The Grievance Board may exclude unduly repetitious evidence.
3. The Grievance Board shall conduct a de novo hearing of the grievance.
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4. Both parties may call witnesses to testify on their behalf and present evidence which is
relevant. The grieving party's main personnel file shall automatically become a part of
the hearing record.
5. In the event an employee is represented by an attorney, notice of such representation
must be submitted to the Personnel Office at least five (5) calendar days prior to the
hearing so that the County Attorney or his/her designee may be prepared to represent
the department head or elected official. If the employee cannot afford an attorney, the
Grievance Board may, at its discretion, allow a person who is not an attorney to
represent the employee.
6. Any attorney who represents a grieving employee shall be paid by the employee. In no
event shall the County be obligated to pay the grieving employee's attorney fees or any
costs incurred by the employee in the course of the grievance hearing process.
7. Any County employee who is requested by either party to testify at the hearing must
comply with the request. Failure to appear and testify upon request will subject the
employee to disciplinary action.
8. The Grievance Board members shall not conduct their own pre-hearing investigations
or talk with the department head or elected official or any other persons connected with
the case about the facts of the case. Discussions, if any, prior to the hearing shall be
limited to discussions with the Director of the Department of Personnel as to procedural
matters and the method of conducting the hearing.
E. Burden of proof. The grieving employee will have the burden of going forward to establish
a prima facie case regarding his grievance. Prima fade means sufficient evidence to prevail
until overcome by other evidence.The department head or elected official shall then have the
burden of persuading the Grievance Board of his or her position by a preponderance of
evidence. Preponderance of the evidence is defined as that evidence which is most
convincing and satisfying in the controversy between the parties, regardless of which party
may have produced such evidence. Colorado Civil Jury Instructions 2d, Section 3:1(4).
F. Record of hearing. A record of the hearing shall be kept by an electronic recording unit.
Either party may request the use of a court reporter instead of or in addition to the electronic
recording unit. The requesting party shall pay for all costs associated with using the court
reporter.
G. Decision of the grievance board.
1. The Grievance Board shall either grant or deny all, or any portion of, the employee's
grievance. The Grievance Board will not formulate any policies or procedures, but may
interpret policies and procedures set forth in this Chapter. The Grievance Board shall
not fashion any binding remedy, but may suggest remedies to department
heads/elected officials. A majority vote of the Grievance Board shall represent the
official decision of the Grievance Board.
2. Upon completion of the grievance process and within ten (10) calendar days of the
hearing's conclusion, a written report of the findings of fact and a decision of the
Grievance Board will be prepared. A copy will be distributed to the grieving employee,
the grieving employee's supervisor and department head/elected official, and to the
Department of Personnel.
3. The Grievance Board's decision is final, unless timely appeal is made to the Board of
County Commissioners as indicated below.
H. Appeal. Any party who seeks to modify the decision of the Grievance Board may appeal the
matter to the Board of County Commissioners. To do so, the party must file a written notice
of appeal with the Director of the Department of Personnel within ten (10) calendar days of
receiving the Grievance Board's decision. The notice of appeal must specifically state what
part of the decision the party seeks to have modified and the reasons therefore. The notice
shall not exceed five (5) pages in length. The party opposing the modification may submit
a memorandum brief, but must do so within five (5) calendar days of receiving the notice of
appeal. Any such memorandum brief shall not exceed five (5) pages in length.
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I. Review of appeal.
1. The Director of the Department of Personnel shall then transmit the Grievance Board's
decision, the notice of appeal, and any memorandum brief to the Board of County
Commissioners for review.
2. The Board of County Commissioners may affirm the Grievance Board's decision,
modify it in whole or in part, or remand the matter to the Grievance Board for further
fact finding. A modification may only be made if, based upon the Grievance Board's
findings of fact, the decision is clearly wrong or is in excess of the Grievance Board's
jurisdiction, authority, purposes, o r I imitations as defined by this Chapter, and the
procedures outlined in Chapter 2 of this Code. The Board of County Commissioners
may review the entire hearing record upon a majority vote of the Board of County
Commissioners.
3. Regardless of the above-stated grievance procedures, all employees are considered
to be at-will employees and these procedures are not intended to create, nor are they
to be considered to constitute, a contract between the County and any one or all of its
employees.
ARTICLE V
Termination of Employment
Sec. 3-5-10. Workforce reduction.
A. The Board of County Commissioners reserves the right to make reductions in force, layoffs,
and/or eliminate employment position(s) at any time for any reason. Such reasons may
include, but are not limited to, the following: workload changes, program changes,
privatization, contracting out, policy decisions, funding reductions, departmental
reorganizations, downsizing, and increased efficiency. The terms reduction in force, layoff,
and elimination of employment position(s) are synonymous for the purposes of this section.
B. The Board of County Commissioners, elected officials and all department heads retain the
right to determine the structure and organization of the various departments of County
Government which, in the sole opinion of such officials,will create the greatest efficiency and
highest level of service to citizens of the County. Such decisions include, but are not limited
to, the hiring, retaining, promoting, reducing pay, and rehiring of employees who may have
been impacted by decisions to reduce the force, layoff, and/or eliminate employment
position(s). The decision(s) by such officials to hire, retain, promote, reduce pay, and/or
rehire is not a grievance item. All decisions made pursuant to the provisions contained herein
shall be in accordance with state and federal law.
C. Each employee whose employment position has been eliminated shall receive notice of such
action, in writing, from the Department of Personnel or the Board of County Commissioners.
The employee must receive the notice at least ten (10)working days before the date of his
or her release.
Sec. 3-5-20. Resignation.
A. Employees are requested to notify their supervisor in writing as soon as possible of their
intent to resign. As a matter of professional courtesy at least a two-week notice before date
of resignation is a standard practice.
B. An employee who wishes to retire should call The Department of Personnel at least thirty(30)
days prior to the retirement date.
C. All regular County employees who terminate employment for any reason must return the
County picture ID card, keys, employee benefit binder, and any other County property.
D. Final pay checks for terminating employees will be issued within twenty-four (24) hours of
the Department of Personnel receiving the appropriate paper work from the employee's
department. If the termination date falls during the payroll processing period,the manual pay
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check will be issued the day after the close of payroll. The check will be mailed to the
employee's current address, or upon request, may be picked up in the Department of
Personnel after 4:30 PM on the day the check is issued. Final pay may be deposited into a
bank account on the last working day of the month by notifying the Department of Personnel
prior to the termination processing.
Sec. 3-5-30. Retirement.
A. An employee terminating employment from the County, for whatever reason, who is not
vested in the retirement program, will have his or her contribution to the County Retirement
Plan reimbursed with the earned interest. All refunds must be approved by the Weld County
Retirement Board. Refunds will be processed as soon as possible after the signed papers
are received from the terminating employee. Retirement funds will not be processed pending
any grievance concerning dismissal.
B. PERA members must apply for their PERA refund via the State PERA Office. PERA refunds
may take up to ninety (90) days from date of application for refund.
Sec.3-5-40. Abandonment of position. Failure to appear for work and failure to call in for three
(3) consecutive days without a reason acceptable to the County, may result in dismissal.
Sec. 3-5-50. References. The Department of Personnel will be the only contact for job
references. Any reference provided by an individual other than the Department of Personnel will
be considered a personal reference and the provider shall assume all liability for the information
provided. No references on individuals are to be written on County letterhead unless they are
approved by the Department of Personnel.
ARTICLE VI
Leave Time Benefits
Sec. 3-6-10. Vacation leave.
A. No annual leave is earned during the first six (6) months of employment. Upon successful
completion of the first six(6)months, employees eligible for vacation accrual will be awarded
earned vacation hours. Successful completion means that the employee meets or exceeds
appraisal standards on the employee's six month performance appraisal. Employees may
schedule vacation leave after the successful completion of the first six (6) months.
B. Vacations must be scheduled in advance with the employee's supervisor. Vacation shall not
conflict with work requirements of the department. Scheduled vacations may be canceled
at any time for any reason by the department head or elected official. Annual vacation is
earned according to length of County service as shown on Table 3.4:
Table 3.4
Annual Vacation Accrual
Continuous Hours
Years of Accrued Job Share Retired With Benefits
County Service Monthly Accrual Accrual
.50 .75 .50 .75 .85 .95
Under 5 8 4 6 4 6 6.8 7.6
5 through 9 10 5 7.5 5 7.5 8.5 9.5
10 through 19 12 6 9 6 9 10.2 11.4
20 13.33 6.5 10 6.5 10 11.33 12.66
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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 year will 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.
D. Official holidays occurring during vacation leave are counted as holidays, not as vacation.
Illness and emergency closure days during vacation periods are counted as vacation days.
E. Department heads,chief deputies,and elected officials designated by the Weld County Home
Rule Charter and the Board of County Commissioners do not accrue paid vacation.
Sec. 3-6-20. Sick leave.
A. Sick leave is not a right. It is a privilege given to eligible employees to be used in the
following circumstances:
1. When an employee is unable to perform the job duties because of illness, injury, or any
other medically disabling condition.
2. When the employee has medical, surgical, dental or optical examinations or treatment.
3. An employee who is required to care for members of the immediate family, as defined
under the Federal Medical Leave Act(FMLA)(spouse,child, or parent),who are ill, may
use a maximum of forty(40)hours total per year of accumulated sick leave. (Pro-rated
for job share employees.) For the purposes of the FMLA,the employee's child must be
under the age of eighteen (18), or if older there must be medical certification showing
the child is disabled.
B. All regular and job share employees are eligible for sick leave thirty (30) days after
employment. Sick leave is accrued from date of hire with no maximum accrual limit. The
accrual rate is shown on Table 3.5:
Table 3.5
Sick Leave Accrual Rates
Hours Accrued
Sick Accrual Monthly
Regular Employee 8
Job Share.75 6
Job Share.50 4
Retired with Benefits.50 4
Retired with Benefits.75 6
Retired with Benefits.85 6.8
Retired with Benefits.95 7.6
C. For employees hired prior to January 1, 1985, accumulated sick leave is payable upon
termination at one-half(1/4) the hours of accumulated unused sick leave, not to exceed one
(1) month's salary. Employees hired after January 1, 1985, will not be paid for accumulated
sick leave upon termination of employment.
D. Employees are to report their absence(s)daily directly to their supervisor within one(1) hour
of the employee's regular starting time. Failure to report may be considered cause for denial
of paid sick leave for the period of absence unless the employee furnishes an acceptable
explanation. Not calling in and obtaining an approved absence for three (3) days is
considered abandonment of job and may result in termination.
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
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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.
F. All employees who are eligible to accrue sick leave are authorized five (5) sick leave
occurrences per calendar year. A sick leave occurrence is defined as a minimum of one (1)
sick leave day, or a number of consecutive sick leave days taken at any one (1) time, or a
combination of hours equaling one (1) sick day. (Pro-rated for standard hours worked in a
day.) Employees who exceed the five (5) occurrences are subject to disciplinary action,
including, but not limited to, the revocation of all sick leave privileges as set forth in this
section, suspension, leave without pay, and/or termination.
G. Advanced sick leave is not permitted. Employees may not carry negative sick hours.
H. Under no circumstances may sick leave be used for more than six(6) months consecutively.
This is so coordination may happen with the County's long term disability program.
Sec. 3-6-30. Sick leave bank.
A. In order to provide a no cost, short term disability program for employees the County has
established a Sick Leave Bank Program. This program is voluntary and the benefits are to
go solely to members of the Sick Leave Bank.
B. The Sick Leave Bank is based on a donation of hours of the individual's sick leave, per
member, per year. (regular employee = 4; job share .75 = 3; job share .5 = 2) Employees
who do not contribute to the Bank cannot use sick leave bank hours. Admission to Bank
participation for new members shall be allowed after the employee's one year anniversary.
Only regular employees and job share employees are eligible for the Sick Leave Bank.
Approval of a Sick Leave Bank request is not guaranteed by the department head, elected
official or Sick Leave Bank Governing Board.
1. Each month a pro-rated donation of hours of the employee's individual sick leave will
be deducted and credited to the Bank. (Regular= .33; Job share .75 = .25; Job share
.50 = .167; Retired with benefits .95 = 3.8, .85 = 3.4, .75 = 3, .50 =2)
2. Sick leave days in the Bank are carried over from year to year. An additional
contribution is required each month of succeeding years while a member of the Bank.
Hours donated to the Sick Leave Bank are not refundable.
3. The Bank is administered by the Sick Leave Bank Governing Board. The Board is
composed of five(5) voting members. These include five(5) employees elected by the
participants in the Bank and one (1) non-voting representative from Payroll. The
following conditions govern the granting of sick leave days from the Bank:
a. Application forms are available through the Department of Personnel.Applications
for benefits from the Bank are made in writing to the Sick Leave Bank Board via
the Department of Personnel.
b. If a member is unable to make application for himself,the application may be filled
out by a family member or other representative.
c. A medical doctor's statement specifying the nature of illness, the dates and
medical service to the member, and the date of the patient's expected release for
return to work will be presented with the application. If this information is not
included, the application may not be considered.
d. The applicant must submit the request form to his/her department head/elected
official prior to consideration by the Sick Leave Bank Board.
e. The Sick Leave Bank Board will consider the application at a meeting called by
the Board's Chairperson.
f. The department head/elected official may attend the Sick Leave Bank meeting
with, or for, that individual to discuss any problems related to the request. No
other person may attend the Sick Leave Bank Board meeting. The Board will
consider the request and make a decision based on a majority vote.
g. Bank hours will not be granted until a member has used all of his/her individual
sick leave days, vacation days, and any accumulated compensation time.
h. If the request is granted, the Sick Leave Bank days will not begin until thirty (30)
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calendar days have expired. This thirty(30)day elimination period begins on the
first day of leave, whether it is paid or not.
i. Not more than five(5)months shall be granted to one(1)member in a twelve(12)
month period. An employee may not have more than six(6)months of combined,
consecutive paid and/or unpaid leave.
j. Upon approval by the Sick Leave Bank Board, the sick bank member will receive
sixty-six percent (66%) of current hourly compensation based on the number of
hours of sick bank time during the pay period.
k. Sick Leave Bank hours may be granted only in cases of personal illness or
injuries. This excludes use of Bank hours for illnesses of family members. Other
exclusions include but may not be limited to:
1) Elective or cosmetic surgery.
2) Loss resulting from war.
3) Committing or attempting to commit an assault or a felony.
4) Occupational injuries or sicknesses.
5) Willful self injury.
6) Injury from outside employment.
7) Active participation in a riot.
8) Any other reason that the Board finds to deny the request.
I. If the leave is denied by the Sick Leave Bank Board, the Board will notify the
applicant in writing, stating the reason(s) for the denial.
m. Any unused Bank hours granted by the Board shall be returned to the Bank.
4. Upon termination from the County, a Bank member will no longer be eligible to draw
sick leave time from the Bank.
5. The Sick Leave Bank Board assumes the full responsibility for the control of the Bank,
and all decisions of the Board are final and are not grievance items pursuant to the
grievance procedure found in Section 3-4-60of this Chapter.
6. The Sick Leave Bank Program may be terminated at any time by the Board of County
Commissioners for any reason by resolution.
7. There shall be no sick or vacation accrual by an employee while on Sick Leave Bank
time unless the leave falls under the Family and Medical Leave Act.
Sec.3-6-40. Short term disability. Employees who are not eligible for the Sick Leave Bank,e.g.,
less than one (1) year of employment, or those who do not wish to join the Bank, can purchase
short term disability insurance provided as a group policy by the County. The employee pays the
total premium for this insurance. An employee may not participate in both Sick Leave Bank and
short term disability plans at the same time.
Sec. 3-6-50. Unpaid family and medical leave policy.
A. General provisions. It is the policy of the County to grant up to twelve (12) weeks of family
and medical leave during any twelve-month period to eligible employees, in accordance with
the Family and Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a
combination of paid and unpaid, depending on the circumstances and as specified in this
Article.
B. Eligibility. In order to qualify to take family and medical leave under this policy, the employee
must meet all of the following conditions.
1. The employee must have worked for the County at least twelve(12)months,or fifty-two
(52)weeks,and need not have been consecutive. For eligibility purposes,an employee
will be considered to have been employed for an entire week even if the employee was
on the payroll for only part of a week or if the employee is on leave during the week.
2. The employee must have worked at least one thousand two hundred fifty(1,250)hours
during the twelve (12)month period immediately before the date when the leave would
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begin.
C. In order to qualify as FMLA leave under this policy, the employee must be taking the leave
for one of the reasons listed below.
1. The birth of a child and in order to care for that child.
2. The placement of a child for adoption or foster care.
3. To care for a spouse, child, or parent with a serious health condition.
4. The serious health condition of the employee which makes the employee unable to
perform the functions of the employee's position.
D. A serious health condition is defined as an illness, injury, impairment, or physical or mental
condition which requires inpatient care at a hospital, hospice, or residential medical care
facility, or a condition which requires continuing care by a licensed health care provider.
E. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy
absences. Generally, a chronic or long-term health condition which, if left untreated, would
result in a period of incapacity of more than three (3) days would be considered a serious
health condition.
F. Employees with questions about what illnesses are covered under this FMLA policy or under
the County's sick leave policy may call the Department of Personnel.
G. The County will require an employee to provide a doctor's certification of the serious health
condition. The certification process is outlined in Subsection N.
H. An eligible employee can take up to twelve (12)weeks of leave under this policy during any
12-month period.
I. If a husband and wife both work for the County and each wishes to take leave for the birth
of a child, adoption, or placement of a child in foster care with the employee, or to care for
a child or parent with a serious health condition, the husband and wife may only take a total
of twelve (12)weeks of leave. For the purposes of the FMLA, the employee's child must be
under the age of eighteen (18), or if older there must be medical certification showing the
child is disabled.
J. Employee status and benefits during leave.
1. While an employee is on leave, the County will continue the employee's vacation and
sick leave accruals and health benefits during the leave period at the same level and
under the same conditions as if the employee had continued to work.
2. If the employee chooses not to return to work for reasons other than a continued
serious health condition, the County will require the employee to reimburse the County
the amount it paid for the employee's health insurance premium during the leave period.
An employee must return for at least thirty(30)days to be considered to have returned
unless the employee retires following leave.
3. Under current County policy, the employee pays a portion of the health care premium.
While on paid leave,the employer will continue to make payroll deductions to collect the
employee's share of the premium. While on unpaid leave,the employee must continue
to make this payment,either in person or by mail. The payment must be received in the
Department of Accounting by the end of each month. If the payment is more that thirty
(30) days late, the employee's health care coverage may be dropped for the duration
of the leave.
4. If the employee contributes to a life insurance plan, the employer will continue making
payroll deductions while the employee is on paid leave. While the employee is on
unpaid leave, the employee must continue to make those payments, along with the
health care payments. If the employee does not continue these payments, the County
may discontinue coverage during the leave period or will recover the payments at the
end of the leave period in a manner consistent with the law.
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 which entails substantially equivalent skill, effort, responsibility,
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and authority.
2. The County may choose to exempt certain highly compensated employees from the
requirement and not return them to the same or similar position.
L. Use of Paid and Unpaid Leave.
1. If the employee has accrued paid leave, the employee must use paid leave first and
take the remainder of the twelve (12)weeks as unpaid leave.
2. An employee who is taking leave because of the employee's own serious health
condition or the serious health condition of a family member must use all accrued paid
vacation leave, comp time, and qualifying sick leave prior to being eligible for unpaid
leave. Under the County's sick leave policy,the limit of paid sick leave to care for family
members is a maximum of forty (40) hours total per year.
3. An employee taking leave for the birth of a child must use paid sick leave for physical
recovery following child birth. The employee must then use all accrued paid leave and
then will be eligible for unpaid leave for the remainder of the 12 weeks.
4. An employee who is taking leave for the adoption or foster care of a child must use all
paid vacation 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.
M. Intermittent leave or a reduced work schedule.
1. The employee may take FMLA 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 work week or work day,
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. 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.
3. 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, then 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.
N. Certification of the serious health condition.
1. The County will ask for certification of the serious health condition. The employee must
respond to such a request within fifteen (15) days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave.
2. Certification of the serious health condition shall include the date when the condition
began, its expected duration, diagnosis, and a brief statement of treatment. For
medical leave for the employee's own medical condition, the certification must also
include a statement that the employee is unable to perform the essential functions of
the employee's position. For a seriously ill family member,the certification must include
a statement that the patient requires assistance and that the employee's presence
would be beneficial or desirable.
3. If the employee plans to take intermittent leave or work a reduced schedule, the
certification must also include dates and the duration of treatment and a statement of
medical necessity for taking intermittent leave or working a reduced schedule.
4. The County has the right to ask for a second opinion. The County will pay for the
employee to get a certification from a second doctor, which the County will select.
5. If necessary to resolve a conflict between the original certification and the second
opinion, the County will require the opinion of a third doctor. The County and the
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employee will jointly select the third doctor, and the County will pay for the opinion. This
third opinion will be considered final.
O. Procedure for requesting leave.
1. Except where leave is not foreseeable, all employees requesting leave under this policy
must submit the request in writing to their immediate supervisor. The supervisor will
forward a copy to The Department of Personnel.
2. When an employee plans to take leave under this policy, the employee must give the
County thirty (30) days' notice. If it is not possible to give thirty (30) days' notice, the
employee must give as much notice as is practicable. An employee undergoing
planned medical treatment is required to make a reasonable effort to schedule the
treatment to minimize disruptions to the County's operations.
3. If an employee fails to provide thirty (30) days' notice for foreseeable leave with no
reasonable excuse for the delay, the leave request may be denied until at least thirty
(30) days from the date the employer receives notice.
4. While on leave, employees are requested to report periodically to the County regarding
the status of the medical condition and their intent to return to work.
Sec.3-6-60. Personal leave. Personal leave is a privilege granted to regular and Job share
employees. Employees in their initial review period are not eligible. Each year with supervisory
approval a regular employee may convert sixteen (16) hours;job share.75 may convert twelve(12)
hours,job share .50 may convert eight (8) hours; and retired with benefits .75 may convert twelve
(12) hours, .50 may convert eight (8) hours, .85 may convert 13.6 hours, .95 may convert 15.2
hours of sick leave into personal leave hours. Personal leave time may not be carried over from
year to year. The method of scheduling and the timing of personal leave time is at the discretion
of the elected official or department head. Because of the payroll system, personal leave days
must be used by December 15, of the same year during which they are granted.
Sec. 3-6-70. Holidays.
A. All regular and job share employees will receive paid holidays. Dates will be established
annually and will be published by resolution of the Board of County Commissioners.
Recognized holidays are as follows:
1. New Years Day.
2. Martin Luther King Day (floating).
3. President's Day.
4. Memorial Day.
5. Fourth of July.
6. Colorado Day (floating).
7. Labor Day.
8. Columbus Day (floating).
9. Veteran's Day.
10. Thanksgiving Day.
11. Christmas Day.
B. Regular employees shall consider a holiday as eight(8) hours of paid time;job share .75, six
hours;job share .50, four hours; retired with benefits .95, 7.6 hours; retired with benefits .85,
6.8 hours; retired with benefits .75, six hours; and retired with benefits .50, four hours of paid
time. These hours may or may not correspond with the assigned work shift. To be eligible
for holiday pay, an employee must be on paid status the workday before and the workday
after the holiday. Employees working on an official holiday may receive a day off in lieu of
the official holiday or may be paid straight time for working on the holiday. No employee
assigned to shift work shall receive a greater or a lesser number of holidays in any calendar
year than employees regularly assigned to work during the normal work week.
C. A day proclaimed a day of national/state mourning or celebration shall be treated the same
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as a holiday described in 3-6-70.B.
D. The Board of County Commissioners hereby reserves to itself the authority to establish legal
holidays for all County offices.
Sec. 3-6-80. Bereavement leave. Leave of absence with pay because of death in the immediate
family may be granted to regular and job share employees by the department head/elected official
for a period not to exceed three days. Entitlement to leave of absence under this section shall be
in addition to any other leave. For purposes of this section immediate family means: spouse, child,
parent, stepparent, stepchild, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparent, spouse's grandparent, grandchild, step-grandchild, foster parent, foster child,
guardian.
Sec. 3-6-90. Leave of absence without pay.
A. Employees may be entitled to a leave of absence without pay for good and sufficient personal
reasons after exhausting applicable paid leave. Each case will be considered individually.
Application for leave of absence must be made in writing and must be approved in writing by
the department head or elected official before the commencement of leave. Right of
reinstatement shall terminate if the employee on leave engages in gainful employment.
B. The maximum length of such leave of absence will be ninety (90) days. Time taken off for
other leaves of absence or any paid leave shall be included as part of the ninety (90) day
maximum. This leave may be extended only with approval of the Board of County
Commissioners and then only upon written application giving compelling reasons. If an
employee does not return to work on or before the agreed upon date or come to an
agreement with management on an extension, the employee will be terminated.
Sec.3-6-100. Jury duty/witness. Employees who are regularly employed, as defined by Section
13-71-126, C. R. S., and who are required to serve as a witness in cases involving the County
government or as a juror during scheduled work time are entitled to paid leave not to exceed three
weeks. Employees who actually serve on juries shall pay to the County all amounts received for
the jury service. In order to be granted leave for jury duty the employee must submit a copy of the
Summons and all forms furnished by the Clerk of the Court relative to the time of service. Mileage
allowances can be retained by the employee.
Sec. 3-6-110. Closure of county operations.
A. In the event the County closes operations for facilities due to inclement weather or other
emergencies, regular and job share employees scheduled to work will be paid. Employees
required to work during such closure due to County needs shall not be paid any additional
salary, compensation, or compensatory time off. An employee already on leave of any type
on a closure day shall be charged for that leave day as if County operations were normal.
B. An employee unable to be in attendance due to inclement weather or other emergencies
when County operations and facilities are open shall be charged appropriate leave.
Sec. 3-6-120. Professional leave. Upon approval of the department head/elected official, an
employee may be granted professional leave to attend professional and technical conferences,
meetings, and training that pertain to an employee's current or expected duties. No more than the
actual time needed, plus travel time, will be granted under professional leave. Professional leave
must be arranged in advance with the employee's supervisor.
Sec.3-6-130. Department head leave. Department heads do not accrue sick and vacation leave.
Department heads will schedule vacation leave with their supervisors. Department heads may use
up to six (6) months of leave for an illness prior to commencement of long-term disability. Any
extension over the six (6) months must be approved by the Board of County Commissioners.
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Sec. 3-6-140. Military leave of absence.
A. Any elected official, department head, or employee who is a member of the National Guard
or reserve forces is entitled to receive up to fifteen (15) days per calendar year military leave
of absence (military leave). Military leave is granted without loss of pay, seniority, status,
performance rating, vacation leave, sick leave, or other benefits for all of the time the
individual is engaged in training or service as ordered by an appropriate military authority.
B. Upon returning to work the elected official, department head, or employee shall pay to the
County all wages received from the national guard or reserve forces for the time spent
performing required military training or service, exclusive of any travel allowance or other
expenses paid as indicated on the military voucher. The individual has the option of keeping
his military pay in lieu of receiving his regular pay from the County for the time during which
he was engaged in the military training or service. If an employee elects to keep the military
pay, the County regular pay will be reduced by the per-day rate of the Military pay for each
work day served, up to fifteen (15) days. The per-day rate is determined by the amount of
the basic pay divided by the number of days served as indicated on the military pay voucher.
The employee must provide a military pay voucher for the time period served to determine
the per-day rate and must forward a copy to the Department of Personnel within thirty (30)
days of returning to work at the County.
C. If an elected official's, department head's, or employee's military status changes from reserve
to active in time of war or other emergency as declared by proper military authority(extending
beyond the fifteen (15) days per calendar year), the individual shall be entitled to leave
without pay until reinstated following the active service time.
D. Copies of military orders shall be submitted to the individual's supervisor and the Department
of Personnel at least two (2)weeks prior to the beginning of military leave. For more detailed
information regarding military leave, contact the Department of Personnel. The County
complies with all sections of Title 38, U.S. Code, Chapter 43, Employment and Re-
employment Rights of Members of the Uniformed Services.
ARTICLE VII
Fair Labor Standards Act
Sec.3-7-10. Work week and work day. All regular County employees will normally be scheduled
to work a forty-hour week. Proper scheduling may require employees to work more (or less) than
eight(8) hours in one(1)day in order for a department to be more cost effective and to better serve
the public. Normal hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, the hours
may vary depending upon department needs. The normal work week begins at 0001 hours Sunday
and runs through 2400 hours on Saturday. Departments have the option of establishing their own
work week to fit their needs. This information will be provided to the Department of Personnel and
the Department of Accounting. County employees are to report to assigned work sites in order to
begin work at designated starting times.
Sec. 3-7-20. Fair Labor Standards Act (FLSA) classification. All County employees will be
classified in accordance with the Fair Labor Standards Act (FLSA) as exempt or non-exempt from
the overtime provisions of the Act. You may consult with the Department of Personnel regarding
the FLSA status of employees. Each department head/elected official shall prepare a schedule
designating the hours each employee in his department shall work, as well as the established work
week for the department. Work by an employee at times other than those scheduled shall be
approved in advance by the department head/elected official or, in cases of unforeseen
emergency, shall be approved by the department head/elected official after the emergency work
is performed.
Sec. 3-7-30. Compensation for overtime.
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A. All non-exempt employees, with the exception of public safety employees as classified in
accordance with the Fair Labor Standards Act (FLSA), who work more than forty (40) hours
in their established work week will be compensated at one and one-half (1 'A) times their
regular rate.
B. All overtime will be approved by the department head/elected official in advance, except in
emergency situations.
C. All non-exempt employees are required to complete an earning time sheet for each pay
period. Pay cycles may vary but County pay periods will remain the 16th of the month
through the 15th of the next month (the Department of Social Services pay period is the first
of the month through the end of the month), payable on the last working day of the month.
Time sheets will be submitted to the Department of Accounting for pay calculation, and filing.
Time sheets will be retained for a period of three years.
D. Compensatory time may be given in lieu of pay. An individual agreement available from the
Department of Personnel.
E. Exempt employees receive a salary to compensate them for the performance of all their
duties performed and time worked. These employees, as classified in accordance with the
FLSA, do not receive overtime.
F. Non-exempt employees, except public safety employees as classified in accordance with the
Federal Fair FLSA, accrue overtime at the rate of 1 'A times for all time worked over forty(40)
hours in a normal work week. Non-exempt employees will be paid earned overtime based
upon the final hours for the current pay period as shown on the earning time sheet.
Sec. 3-7-40. Time worked.
A. All time worked for non-exempt employees will be recorded and paid in accordance with the
Fair Labor Standards Act. Questions regarding work time and the FLSA should be addressed
to the Department of Personnel.
B. Any paid time not actually worked will not be counted as time worked for overtime
compensation purposes (sick, vacation, holiday, personal leave, etc.).
Sec. 3-7-50. Meal hours. Employees working an eight-hour day may receive, as scheduled by
the department head/elected official, thirty (30) to sixty (60) minutes for meal time. Time of day
may vary based on shift schedules and as supplemented by departments. Meal time not taken
may not be accumulated or used at the beginning or end of the day. Any break of 30 minutes or
longer shall not count towards time worked.
Sec. 3-7-60. Breaks. At the supervisor's discretion, employees may be granted one (1) fifteen
(15) minute break within a four-hour period of time if it does not disrupt work flow. Breaks not taken
may not be accumulated or used at the beginning or end of the day or in conjunction with meal
hours.
Sec.3-7-70. Compensatory time off. Compensatory time off(comp time) in lieu of overtime may
be given if there is an understanding between the County and the employee to provide time off as
compensation for overtime. To maintain a record of this understanding, a comp time form is
available from the Department of Personnel.
ARTICLE VIII
Health and Safety
Sec. 3-8-10. Complying with safety rules and regulations. Employees are required to comply
with all safety rules and regulations. Failure to do so will result in disciplinary action and could
result in a reduction in worker's compensation benefits if an accident resulted from failure to comply
with the safety rules. If an employee has any questions concerning a departments requirements,
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the employee should contact the supervisor.
Sec. 3-8-20. Reporting of injuries.
A. If an employee is injured, even slightly, or suspects he/she has been injured, the employee
must report this fact to his/her immediate supervisor at once. To be eligible for worker's
compensation benefits, an employee must be examined and treated initially by the
established County Worker's Compensation primary medical care facilities.
B. The supervisor will complete an Accident Investigation Report and the injured employee will
be required to sign it. The Employer's First Report of Accident form must be submitted to the
Department of Personnel within twenty-four(24) hours of the accident. The employee must
complete and turn into their supervisor the Written Notice of Injury form within twenty-four
(24) hours of the injury. The supervisor's Accident Investigation Report must be submitted to
the Department of Personnel within forty-eight (48) hours.
C. Reasons for the regulations:
1. Employees seeking medical attention for job-incurred injuries, from doctors, 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 will not be paid unless medical referral is made by the attending
physician. Before any injured employee is allowed to return to work, a written release is
required from the attending doctor stating that the employee will be able to assume full
working responsibilities and duties. The injured employee must keep the department
head/elected official and the Department of Personnel informed of his condition. Injured
employees who can perform modified job duties may be assigned modified duties,
temporarily, if available, by the department head/elected official after consultation with the
Department of Personnel.
E. During worker's compensation leave, employees do not accumulate sick or vacation leave.
While an employee is on worker's compensation leave, with the exception of the first twenty-
four (24) hours, the employee may not use sick or vacation leave.
Sec. 3-8-30. Communicable disease policy.
A. The County strives to be in compliance with all equal opportunity laws, including those
involving persons with disabilities. Acquired Immunodeficiency Syndrome (AIDS) and other
AIDS virus-related conditions are disabilities protected by federal law. Any employee or
prospective employee with AIDS or human immunodeficiency virus (HIV) shall have every
protection made available to disabled persons, including reasonable accommodation. This
document does not recommend routine HIV antibody screening for any County employee
group.
B. Persons at increased risk for contracting HIV, the virus that causes AIDS, include
homosexual and bisexual men, intravenous (IV) drug abusers, persons receiving
contaminated blood or blood products, heterosexual contacts of persons with HIV infection,
and children born to an infected mother. HIV is transmitted through sexual contact,
parenteral exposure to infected blood or blood products, and perinatal transmission from
mother to neonate. It cannot be transmitted by sneezing, coughing, using the same utensils
and equipment, or by merely being close to an infected person. The nonsexual person-to-
person contact that occurs among co-workers and the public in the workplace does not pose
a risk for transmission of HIV.
C. It is the intent of The County to employ universal precautions for exposures, meaning that all
human blood and certain body fluids are considered potentially infectious. All departments
must report any possible exposure to the Department of Personnel using the procedures
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outlined elsewhere for workers compensation reporting. In addition, telephone the
Department of Personnel on possible exposures immediately so instructions can be given on
medical procedures to follow.
D. All medical information gained by the County about the health status of an employee,
including the identity of an employee affected by a communicable disease, shall be
confidential. Medical information obtained by the Public Health Officer shall be used
according to public health statutes.
E. The County is committed to providing a safe work environment for all employees. Every
precaution will be taken to see that the health and safety of employees are not threatened
by medical conditions of co-workers or the public.
F. In cases involving a communicable disease, determination of safety in the workplace will be
made based on reasonable medical judgements given the state of medical knowledge about
the transmission and severity of the disease. Guidance from the Public Health Officer will be
taken into account. If a determination is made by the County, after consultation with the
Public Health Officer, that a medical condition poses little or no threat to health and safety in
the workplace setting, the County is not obligated to make any special accommodations for
an employee who refuses to work with an affected co-worker or the public. Employees who
refuse to work with an affected co-worker or the public may be disciplined up to and including
termination.
G. The incidence of serious or life threatening illnesses that are readily transmissible during
interaction in the workplace is low. However, because the presence of a serious disease that
is transmitted by airborne droplets (for instance, active TB and measles) can pose a threat
to the health and safety of employees or the public, the following responsibilities apply to
affected employees, their supervisors, and department heads and elected officials.
1. Employee Responsibilities. An employee with a serious, easily transmissible disease,
such as active TB, has the responsibility to remove himself or herself from the
workplace until the infectiousness of the disease has passed or is controlled by
medication. If the chance exists that co-workers or members of the public have been
exposed to the infection in the workplace, the employee has the responsibility to let
his/her supervisor or department head or elected official know about the situation.
2. Supervisor Responsibilities. Supervisors should keep the identity of an affected
employee confidential. The supervisor shall report information about the exposure to
his/her department head or elected official.
3. Department head and elected official responsibilities. A department head or elected
official who is told of the presence of an affected employee in his/her department should
not reveal the identity of an affected employee to anyone other than the public health
officer so that appropriate contact follow-up can be started.
H. Serious or life-threatening illnesses that are caused by blood borne or sexually transmitted
infectious agents are not readily transmissible through interaction in the workplace. These
conditions, including AIDS, are transmitted by blood contamination from the bloodstream of
one (1) person to the bloodstream of another and by intimate sexual contact. The following
responsibilities apply to affected employees, their supervisors, and department heads and
elected officials.
1. Employee responsibilities. Employees infected with blood borne or sexually transmitted
infectious agents such as HIV do not pose a threat to the health and safety of
employees in the workplace. Therefore, they are not required to remove themselves
from the workplace or tell their supervisor about their condition.
2. Supervisor responsibilities. Supervisors who find out about such a condition by
voluntary disclosure or suspect the presence of such a condition shall not reveal the
identity or presence of an affected employee.
3. Department head and elected official responsibilities. Department heads or elected
officials who find out about such a condition by voluntary disclosure, disclosure from a
supervisor, or suspect the presence of such a condition shall not reveal the identity or
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presence of an affected employee, even anonymously, to any County employee or
other individual, except:
a. Department heads and elected officials may contact the Public Health Officer to
gather information about specific concerns or educational need in their
departments and information on support services or referrals. The Department
head or elected official will not reveal the identity of the employee to the Public
Health Officer.
b. Department heads and elected officials may consult the Department of Personnel,
only with the consent of the affected employee, to gather information about
personnel decisions. The department head or elected official will not reveal the
identity of the affected employee to the Department of Personnel unless the
employee specifically consents to such identification.
I. When a communicable disease affects the health of an employee to the point where his/her
job performance suffers, personnel decisions will be made on the same basis as they would
when other serious health problems come to the attention of the supervisor, department
head, or elected official.
J. The County realizes that certain employees, as a result of their job, are at-risk concerning
exposure to the human immunodeficiency virus (HIV), Hepatitis B virus (HBV), and other
blood borne pathogens. The County has chosen to set up guidelines that conform to the
OSHA guidelines.
K. The following departments have comprehensive plans specific to their departments on file
with the Department of Personnel: Department of Public Health and Environment,
Paramedic Services, Sheriffs Office, Coroner's Office. Comprehensive plans include the
following criteria.
1. Exposure determination.
a. A list of all job classifications in which all or some of the employees have
occupational exposure.
b. A list of all tasks and procedures in which occupational exposure occurs and that
are performed by employees.
2. Plan Documentation. Plans should be updated at least annually and whenever
necessary to reflect new or modified tasks with occupational exposure.
a. Engineering and workplace controls.
b. Appropriate personal protective apparatus, including instructions for its use,
accessibility, and maintenance.
c. Procedures for a clean and sanitary work site including decontamination of
equipment, handling of regulated waste, and handling of contaminated laundry.
d. Procedure for providing hepatitis B vaccination.
e. Procedure for post-exposure evaluation and follow-up including workers
compensation reporting and employee testing.
f. Procedure for record keeping.
g. Procedures for training new and current employees including record keeping,
trainer qualifications, and content.
h. Signs and labels to communicate hazards.
Sec. 3-8-40. Medical examinations.
A. Medical qualifications are realistic physical standards to assure that an employee is physically
able to perform the duties to the standards set by the County. All employees must meet the
medical standards for their specific position. Applicants for a position may be required to take
an initial employment medical exam. An employee may be required to take a medical exam
as a condition of continued employment if, in the judgment of the department head/elected
official, the employee's health appears to be adversely impacting job performance, or the
assigned duties could be detrimental to the health of the employee, or if the medical exam
is required by state or federal law.
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B. The Department of Personnel will schedule the medical examination as soon as possible
once requested by the department head/elected official. An employee may be placed on
administrative paid leave pending the medical examination results. All employee medical
examinations requested by the County will be paid for by the County. The County will receive
the results of the medical examination and will furnish the employee a copy upon request.
Sec. 3-8-50. Recreational activities. The County does not sponsor any adult recreational teams
or activities. Any sports injuries incurred by County employees are considered outside assigned
County duties. Therefore, they are not covered by workers compensation as job related injuries.
ARTICLE IX
Education and Training
Sec. 3-9-10. Tuition assistance.
A. The County will reimburse an employee for some tuition expenses and lab fees for job related
courses that have been approved in advance. This does not include books, charges for
testing out of a class, and most associated fees. There is a limit to the amount you can be
reimbursed each quarter or semester. Contact the Department of Personnel for the current
limit. Funds for this program are limited to the amount budgeted each year by the Board of
County Commissioners. Therefore, requests will be considered with priority given to the
earliest date received by the Department of Personnel. Requests must be approved in
advance to commit funds for an employee.
B. For an employee to receive such reimbursement, the following conditions must be met:
1. The employee must have successfully completed the first six (6) months of the
employee's initial review period.
2. The employee must have an approved Tuition Assistance Request form prior to
enrollment. (Forms are available in the Department of Personnel).
3. Termination of employment will cause the employee to forfeit the rights to this
assistance.
4. Books, supplies, and miscellaneous fees are not covered.
5. Employee must complete the course successfully, or if letter grades are given, with a
"C" grade or better.
C. To receive payment, an employee must present the Department of Personnel with a canceled
check or a receipt showing the amount of tuition paid, a grade slip proving successful
completion, and a copy of the approved Tuition Assistance Request form.
D. Should the class attended by the employee be scheduled during normal work hours, it will be
at the discretion of the department head/elected official whether time off from work with pay
is allowed. In all cases, any time taken off by the employee must be made up weekly or be
charged as unpaid leave.
Sec. 3-9-20. Seminars and conferences.
A. If an employee is requested by the County to attend a workshop, seminar, conference or
other educational training program,the employee will be reimbursed for the entire cost which
includes registration fees, lodging, meals, and transportation. Claims for reimbursement
should be made in accordance with the policies outlined in Chapter 5, Article IV of this Code.
B. Compensatory time while attending or traveling to a workshop, seminar, conference, or other
educational training program will be paid according to federal regulations. In the event a
department has insufficient budgeted dollars for certain seminars or conferences, the
employee and department may negotiate a sharing of the cost of the seminar or conference
if agreeable to both the employee and department head/elected official.
ARTICLE X
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Pay Practices
Sec. 3-10-10. Salary policy.
A. The County participates in various salary surveys. Salaries are set by the Board of County
Commissioners after full consideration is given to:
1. Present pay rates compared to labor market competitors. The competitive job market
may vary by job classification or specific jobs.
2. Ability to pay.
3. Benefit and supplemental pay policies.
4. Supply/demand situation for personnel needs.
5. Supply/demand situation in the labor market.
6. Employees expectations.
B. The salaries are established during the budget process annually to be effective with the
January payroll. Once set by the Board, salary levels and classifications normally are not
adjusted during the fiscal year.
C. Once salary levels are adopted, a pay table is distributed annually to all departments in the
Final Budget. All employees and the public may have access to the pay tables for
information.
Sec. 3-10-20. Objectives of the pay system. The pay system has been developed to provide:
A. Equity. To assure that all eligible employees have an opportunity to compete for and receive
the awards of the system.
B. Productivity. To establish a system that rewards performance so as to increase productivity.
C. Competitive Compensation. To assure that employees compensation is competitive within
the area.
D. Management Resource. To provide management with a means to administer and accomplish
the organizational goals and objectives.
Sec. 3-10-30. Pay system concepts.
A. Prevailing Wage. To pay individuals the prevailing wage in the job market as determined by
salary surveys.
B. Upward Movement. To establish a system that allows for upward movement within it in order
to reward employees for their performance.
C. Downward Movement. To establish a system that allows for downward movement within it
in order to reduce compensation for non-productive employees.
D. Performance Appraisal. To provide a standardized tool to measure performance based on
pre-determined standards.
E. Learning Curve. The amount of time spent on the job to fully learn the tasks required and
function at a proficient level. The County recognizes a learning curve for all County positions.
Sec. 3-1040. Classification and pay plan. In accordance with Section 4-2 of the Weld County
Home Rule Charter, the Board of County Commissioners has adopted a classification and pay
plan. The plan is the foundation of a job-oriented career system. 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. 3-10-50. Employee type.
A. Hourly. Non-exempt employee paid for hours worked.
B. Exception hourly. Non-exempt employee who is paid a monthly amount based on the
average of 173.33 hours per month. Exceptions, such as leave-without-pay and overtime,
are subtracted from or added to the monthly amount.
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C. Salaried. An exempt employee's monthly pay will be based on the average of 173.33 hours
per month.
Sec. 3-10-60. Job descriptions. County employees are placed in a classification series that
identifies the position they are filling. A job description is available for all positions in the
Department of Personnel. The job descriptions provide a broad statement of the class duties,
supervision received,supervision exercised,examples of duties, minimum qualifications,education
and experience required.
Sec. 3-10-70. Position audit and reclassification.
A. The purpose of the position audits and reclassification is to ensure consistency of pay
structure and to provide consistent procedure for studying and evaluating positions in the
County for the purpose of upgrading or downgrading those positions. Position audits for
classification will only be a part of the annual budget process and will be considered annually
along with other departmental requests, except for a position which can be audited as a result
of it being vacated by an employee termination.
B. A department head/elected official may request a special audit if one has not been done for
a position within that department for at least one year. Position audits are not meant to judge
the performance of the employee in the position. The purpose of the audit is to measure
what the employee does.
C. The department head/elected official can initiate a job audit by submitting in writing to the
Department of Personnel the justification for requesting such an audit. This request must be
submitted along with the budget package. The request should include the specific changes
that have occurred and the significance of these changes.
D. If the reasons for the request are adequate, the Department of Personnel will respond by
providing the department with a current job description and organizational chart. The
department head/elected official must then provide the following to the Department of
Personnel:
1. The job description of the position being audited, with the proposed revisions. If there
are no revisions the department head/elected official will indicate so on the copy of the
job description.
2. The organizational chart, giving the existing approved reporting inter-relationships and
marking in red the proposed changes.
3. A breakdown of the time spent on duties. For a simple example, a clerical position may
be broken down as follows: 60% typing, 30% answering the phone, and 10% of time
spent responding to the public.
4. A list of the additional duties and responsibilities that have been added.
5. A description of the new programs and/or functions in the department that prompted the
additional duties or responsibilities. If the department has not added new programs
and/or functions there should be an explanation of why the department's current
position classifications are not able to accomplish the same functions under the current
classifications.
6. A specification of what inequities, if any, the department head/elected official believes
may exist.
E. Upon receipt of this information, a representative from the Department of Personnel may
conduct an inquiry into the facts related to the position. This may include interviews of the
department head/elected official, supervisor, and/or the employee currently in the position.
F. An analysis and recommendation to the Board of County Commissioners will then be made.
The Director of Personnel, department head/elected official, and the Director of Finance and
Administration will have an opportunity to make comments and recommendations to the
Board. The Board of County Commissioners will review this information and make a
decision.
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G. If any of the above parties disagree with the decision, they may request a work session with
the Board. The decision of the Board of County Commissioners at the time of the budget
approval is final and may not be appealed through any means. Any approved reclassification
shall be effective on the first day of the first payroll period of the new fiscal year and funded
accordingly in the budget.
Sec. 3-10-80. Key elements of the pay system.
A. Nine (9) performance levels (entry, qualified, proficient, third-year, fifth-year, seventh-year,
tenth-year,thirteenth-year, and sixteenth-year proficient.) Pay for performance awards merit
pay increases to the next pay step to employees who meet or exceed the standards of
performance.
B. Performance appraisals to be completed at predetermined time-frames.
Sec. 3-10-90. Pay steps (Except the Department of Social Services).
A. Step 1. Entry Step. Persons with training but little or no experience. Pay is at ninety-four
percent (94%) of job rate.
B. Step 2. Qualified Step. Persons with training and experience who exceed the minimum
requirements for the classification. Pay is at ninety-seven percent (97%) of 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. Persons with training plus experience in a County department. Pay
is at one hundred percent (100%) of 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 established job rate. Movement to this step from the proficient step requires at least two
(2) years of satisfactory performance at the proficient step.
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 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 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 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. Pay is at one hundred fifteen
percent(115%)of 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.
I. 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 eighteen
percent (118%) of job rate. Movement to this step from the thirteenth year proficient step
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requires at least three (3) years of satisfactory performance at the thirteenth year proficient
step. (FENWC employees excluded)
J. 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/elected official.
NOTE. 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 be then be determined by length of time in a pay step.
Sec. 3-10-100. Pay steps for the Department of Social Services.
A. Step 8. Entry Step. Persons with training but little or no experience.
B. Step 9. Movement to this step requires at least six (6) months of satisfactory performance
at step 8.
C. Step 10. Movement to this step requires at least six months of satisfactory performance at
step 9.
D. Step 11. Movement to this step requires at least one (1) year of satisfactory performance at
step 10.
E. Step 12. Movement to this step requires at least one (1)year of satisfactory performance at
step 11.
F. Step 13. Movement to this step requires at least two (2) years of satisfactory performance
at step 12.
G. Step 14. Movement to this step requires at least two (2) years of satisfactory performance
at step 13.
H. Step 15. Movement to this step requires at least three (3) years of satisfactory performance
at step 14.
I. Step 16. Movement to this step requires at least three (3) years of satisfactory performance
at step 15.
J. Step 17. Movement to this step requires at least three (3) years of satisfactory performance
at step 16.
Sec. 3-10-110. Grand-fathered positions. The Board will address pay adjustments for grand-
fathered employees annually. Grand-fathered employees are those whose pay has been frozen
and are not eligible to receive annual pay adjustments due to their pay being above the job rate.
Grand-fathered employees' pay will be frozen until the pay for step 9 on the pay table for his/her
position classification is equal to or greater than his/her current, frozen pay rate.
Sec. 3-10-120. Mechanics of the pay system.
A. New hires will begin at the entry level step for the classification with one exception. An
applicant may be hired at the qualified (second) step if the applicant exceeds the minimum
standards for the classification as established by the class description and specifications.
The department head/elected official must submit the justification to the Department of
Personnel to request approval to hire at the qualified level. This request must document the
fact that the applicant's training and experience warrants the higher pay level. No
commitment to hire at other than the entry level should be made to an applicant without
written approval from the Department of Personnel. The practice of hiring at other than entry
level is limited.
B. Performance evaluation dates and pay step dates should be made to coincide with pay
periods. That is, for most employees it would be the sixteenth (16'") of the month. For the
Department of Social Services employees, the first (1') of the month.
C. Promotions and reclassifications.
1. When a County employee is promoted to a higher level classification in the same
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classification series, the employee will be placed at the entry level step for the
classification. Promotions will ensure a minimum of five percent(5%) pay increase. In
the event the promotion in the classification series is less than five percent (5%), the
employee shall be placed at the step which provides a five percent (5%) minimum
increase. A six-month promotional review period shall exist for the employee in all
cases of promotion.
2. Employees who are promoted and, due to the five percent (5%) increase rule, are
placed outside of the current pay table range for that classification will receive only the
five percent (5%) initial pay increase. They will then be placed in the Grand-fathered
category and treated as such.
3. When a position is determined to be mis-classified and is changed to a higher
classification, the incumbent employee must qualify for the higher level position within
one year. The incumbent employee will be placed at the entry level step unless the
former pay grade in the lower class is less than a five percent (5%) increase. In the
event the entry level is less than a five percent (5%) pay increase, the person will be
placed at a step providing a five percent (5%) minimum increase.
4. A promoted employee entering the classification at higher than the entry level due to
the five percent(5%) minimum pay increase requirement will still have the promotional
review period. Pay movement will be based upon the normal movement to the higher
step. For example, an employee placed at the proficient step initially will not move to
the third-year proficient step until the employee has been at the proficient step for two
(2) years.
D. Employees that transfer to new positions and/or departments.
1. In all cases, transferring employees are under a six-month review period. If a County
employee takes a new position in a class series other than his current series, the
employee will be hired at the entry level step of the new classification. (Example:
Office Technician to Deputy Sheriff).
2. In the case of a lateral transfer, meaning the person transfers to the same classification
into a different department, the employee shall retain the current pay step.
3. In the case of a transfer into a different department, the five percent (5%) minimum
promotional rule described will not apply unless it is within the same career ladder. This
determination is made by the Director of Personnel.
E. Demotions and loss of pay includes both dropping to a lower level classification and/or a
reduction to a lower pay step within the same classification.
1. A voluntary demotion to a lower classification in the same class series by an employee,
the department head or elected official has the discretion to place the individual within
the pay range but may not place the pay of the individual beyond the maximum for that
pay range.
2. In the case of an involuntary demotion, the department head and/or elected official has
the discretion to place the individual within the pay range but may not place the pay of
the individual beyond the maximum for that pay range.
3. If at any time, the employee's performance drops below the performance standards of
the classification or position, the employee may be placed on a special review period
and reduced in pay to the next lower step or a three percent (3%) reduction. If
improvement is made at the conclusion of the special review period, the employee may
be returned to the pay level and pay step occupied prior to the reduction, along with the
previous step date.
ARTICLE XI
Performance Evaluations
Sec.3-11-10. Purpose of performance evaluations. Performance evaluations are management
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judgments about the behavior, demeanor, conduct, deportment, effectiveness, and other relevant
factors of employees. Assignments, advancements, reward, discipline, utilization, and motivation
all depend ultimately on management judgments of employee performance. The objectives of
evaluations are:
A. Clarification of what is expected. That is, to develop standards of satisfactory performance,
setting forth what quality and quantity of work of a given type is acceptable and adequate for
pursuing the functions of the organization.
B. Fortifying and improving employee performance. By identifying strong and weak points in
individual achievement, recording these as objectively as possible, and providing constructive
counsel to each worker.
C. Refinement and validation of personnel techniques. Serving as a check on qualification
requirements, examinations, placement techniques, training needs, or instances of
maladjustment.
D. Establishment of an objective base for personnel actions. That is, in selection for placement
and promotion, in awarding salary advancements within a given level, in making other
awards, in determining the order of retention at times of staff reduction, and in otherwise
recognizing superior or inferior service.
E. Notification of deficient behavior or work performance.
Sec. 3-11-20. Performance evaluation process.
A. Three (3) months from date of hire. All new employees and employees who transfer to new
departments, whether hired at the entry or qualified level will receive a three month
evaluation. Promoted employees and employees reclassified upward may also receive a
three month evaluation, at the discretion of the supervisor. No pay increases will result from
these satisfactory evaluations, but the department head/elected official should use this
evaluation process to advise the employee of his/her progress during the first three months.
B. Six (6) months from date of hire. All employees will receive a six-month evaluation whether
they enter County employment at the entry or qualified level. Based on the evaluation of the
employee against pre-determined standards,the department head/elected official will indicate
whether the employee will move to the next pay step. A performance evaluation with a below
standard rating during the initial review period can result in termination of employment.
C. Twelve (12) months from date of hire. Unless the initial review period is extended, this
evaluation will determine whether an employee will be removed from the initial review status
and becomes a regular employee. An overall appraisal rating of meets standards or above
standards will move the employee into regular status.
D. Six (6) months thereafter. After completion of the first six (6) months of employment,
employees will receive performance evaluations every six months.
E. Special. Special evaluations can be done for commendation or reprimand at the department
head's/elected official's discretion. Or, an Employee Counseling Form may be used for
counseling employees for events occurring between performance evaluation times.
Sec. 3-11-40. Performance evaluation review/appeal.
A. When the employee disagrees with the evaluation as written, the employee will so indicate
by writing "Disagree" in the employee comments section. The rater will then give a copy of
the evaluation to the employee with a written note stating the date that written comments
must be turned in to the reviewing authority. The original copy of the evaluation will then be
sent to the reviewing authority with a copy of the note indicating the date written comments
are due to the reviewing authority.
B. When the reviewing authority receives the written comments,he/she will evaluate all pertinent
information available. The reviewing authority may concur with the evaluation as written or
not concur based on the employee's comments and his observation, etc. The reviewing
authority may then change any rating by initialing and changing the rating to the appropriate
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one. In the comment section, explain why the changes, if any, were made.
C. The reviewing authority will review the evaluation with the employee. If changes were made,
the employee will initial and date the comments beside the signature section of the reviewing
authority. The employee should indicate his/her concurrence or non-concurrence with the
reviewing authority's rating. The reviewing authority review is final. The employee may not
appeal the matter further, and the grievance procedures described in Article IV of this
Chapter do not apply.
ARTICLE XII
Payroll
Sec. 3-12-10. Payroll information.
A. Pay day for all employees will be the last working day of the month. If pay day falls on a
holiday, employees will be paid the last regularly scheduled workday before the holiday. Pay
periods are from the sixteenth (16th) of the month through the fifteenth (15th) of the following
month. The pay period for the Department of Social Services employees is the first day of
the month through the last day of the month.
B. Payment is made by automatic deposited directly to the banking institution of the employee's
choice. Deposits can be to savings or checking accounts. Forms are available in the
Department of Personnel to establish or change account routing to banking institutions. A
statement of monthly earnings will be provided to each employee prior to the end of month.
C. Changes in personal data (e.g. marital status, number of dependents, address, telephone
number, benefit coverage, work authorization status) may affect the employee's pay or
employment. Therefore, it is most important that an employee report appropriate changes
as soon as possible.
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 will be treated in the same manner as garnishments.
E. In the event an employee's wages are garnished, a representative from the Department of
Accounting will provide written notification to the employee being garnished and will explain
the details of the garnishment and how it affects wages.
Sec. 3-12-20. Mandatory payroll deductions.
A. Federal income tax. The federal government requires the County to withhold a certain
percentage of an employee's pay to enable the employee to pay federal taxes due each year.
The percentage amount withheld is based on the amount of wages and the number of
exemptions claimed, as indicated on the employee's W-4 form. The number of exemptions
claimed may be changed by the employee as necessary. Contact the Department of
Personnel regarding any changes.
B. State income tax. The State of Colorado requires mandatory deduction for state income tax.
The amount taken out of an employee's pay is based on wages and the number of
exemptions claimed on the employee's W-4 form.
C. Federal Insurance Contributions Act (FICA). This program provides retirement, disability,
and survivor benefits. The amount deducted from an employee's pay is based on total wages
earned, and this amount is matched dollar-for-dollar by the County. County employees are
required to pay Social Security and Disability tax, and Medicare (Hospital Insurance) tax.
PERA members pay only Medicare.
D. Retirement contributions. The County provides retirement benefits for regular County
employees through PERA or the Weld County Retirement Plan. Plan descriptions follow:
1. PERA. The District Attorney and all employees of the Department of Public Health and
Environment are required to belong to the Public Employees Retirement Association
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(PERA). Employee and County contributions are as determined by PERA through state
legislation. Member employees should refer to the pamphlet issued by PERA for details
of the plan. Employees on PERA are required to pay Medicare (Hospital Insurance)
tax.
2. Weld County Retirement Plan. All full time, regular County employees, except those
on PERA, are required to participate in the Weld County Retirement Plan. The
employee must contribute 6% of gross earnings each month. Employee contributions
are deferred from state and federal taxable income. The County matches all regular
contributions. Member employees should refer to the booklet provided by the Weld
County Retirement Board for details of the plan.
Sec. 3-12-30. Procedure to correct payroll errors.
A. When an error in pay is identified by either the department head/elected official or the
employee, notification should be made to the Department of Personnel immediately so
corrections may be made. It is the responsibility of the Department of Personnel, the
Department of Accounting, the department head/elected official and the employee to review
pay information monthly to assure accuracy and to report errors in a timely manner.
B. If any error results in an underpayment of$100 or more, a separate check will be processed
for the additional wages. If the underpayment is less than $100, the additional wages will be
processed in the next monthly scheduled payroll. All overpayments discovered will result in
a collection action for the total amount.
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.
2003-0988
PAGE 39 ORD2003-4
The above and foregoing Ordinance Number 2003-4 was, on motion duly made and
seconded, adopted by the following vote on the 2nd day of June, A. D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Glenn Vaad
Publication: April 10, 2003
First Reading: April 21, 2003 (Con't to 04/23/03)
Publication: May 1, 2003, in the South Weld Sun
Second Reading: May 12, 2003
Publication: May 22, 2003, in the South Weld Sun
Final Reading: June 2, 2003
Publication: June 12, 2003, in the South Weld Sun
Effective: June 17, 2003
2003-0988
PAGE 40 ORD2003-4
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