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Home My WebLink About20031388.tiff 089 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Weld, State of Colorado, that Articles 1 through 12 of Chapter 3, Personnel, of the Weld County Code be, and hereby is, repealed and re-enacted,with amendments, and is revised to read as follows.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 Policies will be issued. These Supplements must be — o approved by the Board of County Commissioners. C 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 — o 2 right to modify, revoke, suspend, terminate, interpret, or change any or all of these plans, =I= o policies or procedures, in whole or in part, at any time. The language used in this Chapter �3 and in all Departmental Supplemental Personnel Policy Forms is not intended to create, nor • `a 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 =.-g0 be employed at-will. — o B. All plans, policies, and procedures contained in the Chapter and in all Departmental —oc Supplemental Personnel Policy Forms will be administered in accordance with federal and c%, state laws and with the Weld County Home Rule Charter. C. The contents of this Chapter supersede all previous versions of the Employee Personnel ==am Policy Handbook, all personnel plans, policies, procedures, manuals, resolutions, and/or Es personnel operations manuals, except for the procedures set forth in any Departmental N_ 2003-1388 PAGE 1 ORD2003-4 (�C ; P& 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. a 4. Reserve deputies and Sheriffs posse. — d 5. The District Attorney for the Nineteenth Judicial District and any and all assistants, x deputies, and other employees of said District Attorney. ;° 6. The County Attorney and all Assistant County Attorneys. —a d B. The County is involved in a number of jobs programs. Participants in the below listed - o programs are not regular employees of the County and are not covered by the policies of this Chapter. -d 1. Work Study. Contracts with area schools such as Aims Community College and the ' University of Northern Colorado. =d 2. Contracts for specialized services. The County enters into special contracts for some —`.•y services in lieu of hiring an employee. =a,o 3. Student Intern Programs. Area schools occasionally place student interns in County roc Departments for internships. �N 4. Employment Services of Weld County. The County Department of Human Services places people in various programs including in-school and summer youth, CWEP, =oa JTPA, Job Service, Employment First, TANF, AmeriCorp, Welfare to Work, EDWAA, Ca,n etc. =o 5. Useful Public Service. This program is limited to individuals required to perform public _o 0 service in lieu of some other penalty. CO O4 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 County. Inquiries that are authorized by employees or 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 2003-1388 PAGE 2 ORD2003-4 milm presented annually at an awards ceremony scheduled by the Board of County — Commissioners. mom cc co B. Employees formally retiring from County service who have served continuously as an active n employee for eight (8) years or more may be awarded a retirement pin at the time of their —i n retirement by the Board of County Commissioners upon the recommendation of the = o employee's department head or elected official. 9 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 �3 any time. _a. 1—co N ARTICLE II =o Employment information �o c —o Sec. 3-2-10. Equal Employment Opportunity (EEO). •N A. The County strives to attain complete compliance with all provisions of equal employment —o cc opportunity laws. Recruiting, selection and advancement of employees will be on the basis =a, of their relative ability, knowledge, skills, and other relevant factors. N 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 2003-1388 PAGE 3 ORD2003-4 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. 0 cc Sec. 3-2-50 Vacancies. —oad a Ca 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 = g the position is advertised internally. =$ g B. Applications are screened by the Department of Personnel by comparing the applicant's d 5 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 .Ma. 8 the applicants that meet the minimum qualifications to the departments and refer the most m!".1.R!'n qualified applicants to the department head or elected official for interview and final selection. —o 0 Department heads or elected officials may not interview applicants unless they have been Vie, certified by the Department of Personnel. Department heads or elected officials are the only =,11 authorized appointing officials for the County. This authority cannot be delegated. —c4 C. In all instances of transfer, the employee will be subject to a promotional review period of six _oEs rc months. —C'0 —ao Sec. 3-2-60. Re-employment. At the discretion of the department or elected official, a regular =n s employee who resigned within one year and was in good standing at the time of the resignation =CI7� 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. 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, child, stepchild, parent, stepparent, sibling, half-sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, spouse's grandparent, grandchild, step-grandchild, uncle, aunt, niece, or nephew. C. When two employees in the same department or in a supervisory relationship get married 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 2003-1388 PAGE 4 ORD2003-4 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 — I 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 k o; 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 �� a 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 •3 personnel policies and procedures are applicable to regular employees including grievance —a_ procedures. Regular employees may take advantage of benefits including insurance, time �;u off, and retirement. =oc 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 o c to full-time employees. kr=N F. Seasonal. A seasonal employee is hourly,working forty(40)hours per week, but for only part — c Za of the year. There is no paid leave time, but seasonal, forty (40) hours per week employees —cure may participate in the health insurance program. These employees have none of the �g grievance rights as described in this Chapter and may not participate in the Weld County —N_ Retirement Plan. OD 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. Part-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, or job 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: 2003-1388 PAGE 5 ORD2003-4 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. arm a°Jc The employee has no grievance rights as described in this Chapter and may not m_rY participate in the Weld County Retirement Plan. m�.;, 3. Retired with Benefits. A part-time retiree employee works part-time and may participate = E" in most County benefits with the exception of contribution to the Weld County =c Retirement Plan. The needs of the department and/or County will dictate if this status —d o is possible. Benefits are earned on a pro-rata basis based on standard hours worked, =3 .., shown in Table 3.2. —o- ID MI=Ny Table 3.2 coo Retiree Status -- o —OO Weekly Annual Retiree —N o Hours Hours Status mmNo —Co 38 1,976 .95 Co cc sin 34 1,768 .85 oo a 30 1,560 .75 sim o cocci 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 2003-1388 PAGE 6 ORD2003-4 Full Retired Retired Time Job Part With Part Retired Regular Share Seasonal Time Hourly Benefits Time Hourly a — o Lc Sick Leave Bank Yes *Yes No No No *Yes No No cc Grievance Rights Yes Yes No No No Yes No No —ca.�Y 'Pro-rated. An employee must consistently work twenty(20)hours or more per week to receive a pro-rated health insurance o= benefit. o o **Paramedic Services-Yes $ 5 +All employees of the Department of Public Health and Environment will be members of PERA =v c o ARTICLE III 0. Standards of Conduct m rn Sec. 3-3-10. Expectations of proper conduct. A. Every County employee should be aware that they are public employees and it is the =8 c employee's duty to serve citizens in a courteous and efficient manner. An employee must o maintain a standard of conduct and performance which is consistent with the best interests _ d of the County. Examples of conduct that may result in disciplinary action, up to and including —o cc termination from employment, include but are not limited to the following: -CC o v 1. Failure to meet performance standards. C O S 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. 2003-1388 PAGE 7 ORD2003-4 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 cc falsity. o x 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. monS 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. =ag Sec. 3-3-30. Workplace violence. �Na A. The County is committed to preventing workplace violence and to maintaining a safe work c environment. Given the increasing violence in society in general, The County has adopted � c the following guidelines to deal with intimidation, harassment, or other threats of violence or o c acts of violence that may occur during business hours or on its premises. —-N c B. All employees, including supervisors and temporary employees, should be treated with - c courtesy and respect at all times. Employees are expected to refrain from fighting,horseplay, so physical and/or verbal intimidating, threatening or violent conduct, vandalism, sabotage, —cod arson, use of weapons and/or carrying weapons onto County property, or any other conduct n that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous =c,a 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, upon having reasonable suspicion of wrongdoing by an employee, to conduct, at any time, without notice, a reasonable search or inspection of the employee's workplace to discover evidence of the suspected wrongdoing. The search or inspection may include, without limitation, offices, lockers, desks, personal computer files, cabinets,file drawers, packages,envelopes, and County vehicles(or personal vehicles when used to conduct County business.) Because of this, employees should not bring into the workplace highly personal items. Any evidence of wrongdoing discovered in the course of the search or inspection may be confiscated by the County and turned over to law enforcement representatives, if appropriate 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 2003-1388 PAGE 8 ORD2003-4 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 _ Po employee to avoid offensive or inappropriate behavior at work and to assure that the work d place is free from harassment at all times. — °C B. A hostile work environment arises when discriminatory intimidation, ridicule, and/or insult is Y sufficiently severe or pervasive to alter the conditions of the victim's employment and create r an offensive working environment. = o C. Examples of prohibited conduct include, but are not limited to: lewd or sexually suggestive —••—•7 comments; off-color language or jokes of a sexual nature; slurs and other verbal, graphic or 3 g physical conduct relating to an individual's gender; and any display of sexually explicit a— > pictures, greeting cards, articles, books, magazines, photos or cartoons. N n D. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and —4-:= 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 —.0 in condition of employment. �N 2. Submission to or rejection of the harassment is used as the basis for employment decisions affecting an individual. —o 3. The harassment has the purpose of or the effect of unreasonably interfering with an Ca,a individual's work performance or creating an intimidating, hostile or offensive working ea_ 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 2003-1388 PAGE 9 ORD2003-4 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 hours and/or while performing any duties for the County is strictly prohibited, and will be subject to disciplinary action, up to and including termination. — 3. No alcoholic beverage will be brought onto or consumed on County premises, or 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 a"d disciplinary action, up to and including termination. 4. No prescription drug will be brought onto County premises by any person other than the 8 g one for whom it is prescribed. Such drugs will be used only in the manner, combination, =I.=g and quantity prescribed. Employees who must use over the counter or prescription �3 d drugs that may cause adverse side effects or may affect their ability to perform work in ct a safe and productive manner must notify their supervisors prior to starting work. The h supervisors, after inquiry, will decide if the employees may remain at work and what =o 0 work restrictions, if any, are necessary. 5. For the purposes of these rules, an alcoholic beverage is any beverage that has an ci alcoholic content in excess of three percent (3%) by volume. N 6. Drug means any substance other than alcohol capable of altering an individuals mood, —r o cc perception, pain level, or judgement. A prescribed drug is any substance prescribed =So 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. N o B. If an employee is suspected of being in violation of the above-stated policy, the employee will — o be sent to the County designated drug testing facility for testing at County expense. If the test result is positive, the employee will be placed on 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 nolo 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 nolo 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 determines, based upon the situation, that immediate disciplinary action is appropriate, a 2003-1388 PAGE 10 ORD2003-4 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 o 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 — °C employee is involved,the County may conduct its own internal investigation of the employee's Pm n Y 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 = g G termination. In addition, at the time such employee's conviction is final (i.e., after a finding = S o 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 M guilty or nolo contendere shall be deemed to be a final conviction at the time the employee ro J enters the plea and such plea is accepted by the Court. �1!e C. During the period of time that the employee is suspended with or without pay, the employee — o is required to notify the department head or elected official of any change in address, phone o number, or the status of the criminal case. If an employee's suspension without pay =oo continues for up to three (3) months, the department head or elected official shall further o investigate the matter. If the department head or elected official or a designee determines, x based upon the results of the investigation, that disciplinary action is not yet warranted, an C additional informal hearing may be held with the employee to determine the status of the =o e criminal proceedings. The department head or elected official may decide to continue the =n 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 by the County of an incident in which the license may be revoked or 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 Sheriffs 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. Misuse or disclosure of confidential information obtained in the course of County employment could 2003-1388 PAGE 11 ORD2003-4 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 E possession of an employee. _ Sec. 3-3-100. Conflict of interest. aY A. Section 16-9 of the Weld County Home Rule Charter states that, no County officer, member EN of an appointed Board, or employee shall have any interest in any enterprise or organization = g 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 =d officer, member of an appointed Board, or employee's department has no direct contact or =3 business transaction with any such enterprise or organization. Specifically, as follows: CD, 1. No employee of the Department of Purchasing shall have any interest in any enterprise N o or organization doing business with the County. —o 0 2. Neither the Treasurer nor employees of the Treasurer's office shall have any proprietary —c,o interest in any financial institution in which the County maintains deposits. Co 0 B. In the event a question arises as to possible conflict of interest between any County officer, �N o member of an appointed Board, or employee, and any enterprise or organization doing o cc business with the County, the question will be presented to the County Council for review, N0 investigation, decision and resolution. The judgment and decision of the Council shall be -o considered final and shall be made a matter of public record. Conflicts of interest in m", o 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, or other designee who may impose the disciplinary action, at which no other person or 2003-1388 PAGE 12 ORD2003-4 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 — 9 of the disciplinary action will be forwarded to the Personnel Office. mim_ 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 M Y considering the employee's prior performance, warrants dismissal or other discipline. C" d Employees holding positions of higher levels of responsibility may be held to higher standards —g o of performance and thus have more severe disciplinary actions imposed on them than those 8 E who hold positions of lower responsibility. =9� D. Department heads, elected officials or their appointees may impose disciplinary actions. �3 However, department heads and elected officials are responsible for disciplinary action 0_es initiated by their appointees. O, • E. At the time disciplinary actions are taken against an employee, if these actions can be -gc grieved, the department head/elected official shall make available to the employee a copy of "a o the grievance section of this Chapter. ENO Sec. 3-4-20. Dismissal procedures. ��rc A. No dismissal shall be made unless the employee is given a pre-dismissal hearing. These ��o procedures apply to regular employees only. The employee should receive written =or notification of the following: 1) the reason for the possible dismissal, and 2) the time, date, sw•N and place of the scheduled pre-dismissal hearing. M OD 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. 34-30. 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. 2003-1388 PAGE 13 ORD2003-4 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 - a results in an immediate loss of pay may file a grievance. These actions include termination, - a demotion, and/or suspension resulting in loss in pay. a 0] Sec. 3-4-50. Non-grievance items. A. Employees cannot grieve a County policy that has been adopted by the Board of County �$ n Commissioners, even if they feel it is an unjust policy. The County's policies are addressed =a and adopted in public meetings in the form of a County resolution or ordinance. All 3 employees are encouraged to attend public meetings, on their own time, that involve them as taxpayers and employees, in order to voice their opinions. .N ti B. Employees cannot grieve performance evaluations or written counseling forms. They can -oa appeal these to their elected official or department head. a 0 a o Sec. 3-4-60. Grievance procedure. The employee grievance procedure is as follows: �No A. Step 1. Appeal to immediate supervisor. All grievances must first be presented to the —5 c employee's immediate supervisor within five (5) calendar days of the incident which is the — o subject matter of the grievance. B. Step 2. Immediate supervisor response to appeal. The immediate supervisor will give the �N o employee an answer within five (5) calendar days of the presentation of the grievance. ��•r 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. 2003-1388 PAGE 14 ORD2003-4 Sec. 34-70. 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, it 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 =�Y Board, the grieving party, plus one(1) representative,the responding department head mom f; or elected official, or other designated supervisor, plus one (1) representative, a representative of The Department of Personnel,the recorder, and any witnesses,while C. 2 giving testimony, are the only persons allowed to be present at grievance hearings. =7, 1i The grieving employee shall be entitled to be accompanied and represented at the �3 hearing by an attorney or any other person of his choice. =r n 3. The attorney who represents the grieving employee shall be paid by the employee. In r_r no event shall the County be obligated to pay the employee's attorney fees or any costs a o 0 associated with the grievance. The responding department head or elected official, or -o other supervisor, shall also be entitled to have an attorney representing him/her at the =$ hearing. a o B. Composition of the grievance board. The Grievance Board shall consist of three members occ 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 =o_ Department of Personnel shall appoint a member. e n 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. 2003-1388 PAGE 15 ORO2003-4 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 E the department head or elected official. If the employee cannot afford an attorney, the = as Grievance Board may, at its discretion, allow a person who is not an attorney to d represent the employee. _2.5 6. Any attorney who represents a grieving employee shall be paid by the employee. In no — o event shall the County be obligated to pay the grieving employee's attorney fees or any -9 0 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 d comply with the request. Failure to appear and testify upon request will subject the =N y employee to disciplinary action. —•o • 8. The Grievance Board members shall not conduct their own pre-hearing investigations C or talk with the department head or elected official or any other persons connected with —2 the case about the facts of the case. Discussions, if any, prior to the hearing shall be —a o limited to discussions with the Director of the Department of Personnel as to procedural — o matters and the method of conducting the hearing. -o CC E. Burden of proof. The grieving employee will have the burden of going forward to establish o,n a prima facie case regarding his grievance. Prima fade means sufficient evidence to prevail N e, until overcome by other evidence.The department head or elected official shall then have the —m 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. 2003-1388 PAGE 16 ORD2003-4 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 — a fact finding. A modification may only be made if, based upon the Grievance Board's —_ S findings of fact, the decision is clearly wrong or is in excess of the Grievance Board's irm jurisdiction, authority, purposes, or limitations 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. E 0 iu 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 =3 to be considered to constitute, a contract between the County and any one or all of its employees. mm-N - O o ARTICLE V o 0 � Termination of Employment �-NO Sec. 3-5-10. Workforce reduction. a o-cc A. The Board of County Commissioners reserves the right to make reductions in force, layoffs, -'0 and/or eliminate employment position(s) at any time for any reason. Such reasons may =os include, but are not limited to, the following: workload changes, program changes, oN 0 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 2003-1388 PAGE 17 ORD2003-4 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. o Sec. 3-5-30. Retirement. °C A. An employee terminating employment from the County, for whatever reason, who is not aria�Y 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 = moo Retirement Board. Refunds will be processed as soon as possible after the signed papers = E are received from the terminating employee. Retirement funds will not be processed pending = § any grievance concerning dismissal. 03 B. PERA members must apply for their PERA refund via the State PERA Office. PERA refunds — ti may take up to ninety (90) days from date of application for refund. I-0 .=O Sec. 3-5-40. Abandonment of position. Failure to appear for work and failure to call in for three —c.,o (3) consecutive days without a reason acceptable to the County, may result in dismissal. Co 0 _NO =T Sec. 3-5-50. References. The Department of Personnel will be the only contact for job eorc references. Any reference provided by an individual other than the Department of Personnel will m g. 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 =o. approved by the Department of Personnel. —co, 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 2003-1388 PAGE 18 ORD2003-4 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. d The last day worked will be considered the termination date, with the exception of retiring = o employees. Earned but unused vacation will be payable upon termination of employment. cat, D. Official holidays occurring during vacation leave are counted as holidays, not as vacation. goer Illness and emergency closure days during vacation periods are counted as vacation days. �,o t 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. — o =ca 0 Sec. 3-6-20. Sick leave. �3� A. Sick leave is not a right. It is a privilege given to eligible employees to be used in the following circumstances: -y = 1. When an employee is unable to perform the job duties because of illness, injury, or any o other medically disabling condition. mim o 2. When the employee has medical, surgical, dental or optical examinations or treatment. -o 3. An employee who is required to care for members of the immediate family, as defined _N o under the Federal Medical Leave Act(FMLA) (spouse, child, or parent),who are ill, may = o use a maximum of forty(40) hours total per year of accumulated sick leave. (Pro-rated _o cc for job share employees.) For the purposes of the FMLA,the employee's child must be =o, under the age of eighteen (18), or if older there must be medical certification showing �N o the child is disabled. fir„ 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 ('/) 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. 2003-1388 PAGE 19 ORD2003-4 E. An employee may be required to provide a medical doctor's verification that the employee has been seen at a clinic for an illness or a medical doctor's verification of fitness for duty at any time. Abuse of sick leave or excessive absenteeism may result in the loss of the privilege to accumulate sick leave or may result in other disciplinary actions, including termination. F. All employees who are eligible to accrue sick leave are authorized five (5) sick leave a E 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 — °G combination of hours equaling one (1) sick day. (Pro-rated for standard hours worked in a Y day.) Employees who exceed the five (5) occurrences are subject to disciplinary action, mim.,g including, but not limited to, the revocation of all sick leave privileges as set forth in this = g section, suspension, leave without pay, and/or termination. o G. Advanced sick leave is not permitted. Employees may not carry negative sick hours. =7-g H. Under no circumstances may sick leave be used for more than six(6) months consecutively. -3 c This is so coordination may happen with the County's long term disability program. mo „ d N Sec. 3-6-30. Sick leave bank. ==o A. In order to provide a no cost, short term disability program for employees the County has 0,o established a Sick Leave Bank Program. This program is voluntary and the benefits are to =o 0 go solely to members of the Sick Leave Bank. mim N B. The Sick Leave Bank is based on a donation of hours of the individual's sick leave, per aos member, per year. (regular employee = 4; job share .75 = 3; job share .5 = 2) Employees a:4 who do not contribute to the Bank cannot use sick leave bank hours. Admission to Bank --r_.- participation for new members shall be allowed after the employee's one year anniversary. =rcaio Only regular employees and job share employees are eligible for the Sick Leave Bank. —mN 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. 2003-1388 PAGE 20 ORD2003-4 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) calendar days have expired. This thirty (30) day elimination period begins on the ;, first day of leave, whether it is paid or not. o 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 am sixty-six percent (66%) of current hourly compensation based on the number of = g O hours of sick bank time during the pay period. c-3 E k. Sick Leave Bank hours may be granted only in cases of personal illness or II injuries. This excludes use of Bank hours for illnesses of family members. Other = 03 exclusions include but may not be limited to: —a-y 1) Elective or cosmetic surgery. a;74 2) Loss resulting from war. o 3) Committing or attempting to commit an assault or a felony. Vic,o 4) Occupational injuries or sicknesses. a.= 5) Willful self injury. �N o 6) Injury from outside employment. g ac 7) Active participation in a riot. a00 8) Any other reason that the Board finds to deny the request. a 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. =�N 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 2003-1388 PAGE 21 ORD2003-4 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 begin. C. In order to qualify as FMLA leave under this policy, the employee must be taking the leave — E for one of the reasons listed below. — d 1. The birth of a child and in order to care for that child. — °C se 2. The placement of a child for adoption or foster care. sc Y 3. To care for a spouse, child, or parent with a serious health condition. mem�� 4. The serious health condition of the employee which makes the employee unable to = g perform the functions of the employee's position. �0 ti D. A serious health condition is defined as an illness, injury, impairment, or physical or mental = g condition which requires inpatient care at a hospital, hospice, or residential medical care �3 facility, or a condition which requires continuing care by a licensed health care provider. a03, E. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy —N o absences. Generally, a chronic or long-term health condition which, if left untreated, would o 0 result in a period of incapacity of more than three (3) days would be considered a serious M. to health condition. 0 F. Employees with questions about what illnesses are covered under this FMLA policy or under "—•c"..-,o the County's sick leave policy may call the Department of Personnel. orc G. The County will require an employee to provide a doctor's certification of the serious health _c condition. The certification process is outlined in Subsection N. =o—. H. An eligible employee can take up to twelve (12) weeks of leave under this policy during any = N 12-month period. — ' N 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. 2003-1388 PAGE 22 ORD2003-4 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, 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. — 9 L. Use of Paid and Unpaid Leave. — g 1. If the employee has accrued paid leave, the employee must use paid leave first and — a take the remainder of the twelve (12) weeks as unpaid leave. =oY 2. An employee who is taking leave because of the employee's own serious health d 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 8 E 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 h then will be eligible for unpaid leave for the remainder of the 12 weeks. —o • 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 (.3 family leave. Care leave for adoption, birth or foster care expires twelve (12) months —N o from the date of the birth or placement. — c; M. Intermittent leave or a reduced work schedule. o°C 1. The employee may take FMLA leave in twelve (12) consecutive weeks, may use the -co leave intermittently (take a day periodically when needed over the year), or under o certain circumstances may use the leave to reduce the work week or work day, �mC7 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. 2003-1388 PAGE 23 ORD2003-4 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 employee will jointly select the third doctor, and the County will pay for the opinion. This third opinion will be considered final. CC O. Procedure for requesting leave. �o� 1. Except where leave is not foreseeable, all employees requesting leave under this policy " T.'"d must submit the request in writing to their immediate supervisor. The supervisor will —.'5 forward a copy to The Department of Personnel. �� Fs 2. When an employee plans to take leave under this policy, the employee must give the o County thirty (30) days' notice. If it is not possible to give thirty (30) days' notice, the 3 employee must give as much notice as is practicable. An employee undergoing — d planned medical treatment is required to make a reasonable effort to schedule the N"' treatment to minimize disruptions to the County's operations. =o 0 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 ..o� (30) days from the date the employer receives notice. —"o 4. While on leave, employees are requested to report periodically to the County regarding —r C the status of the medical condition and their intent to return to work. =o cc C te Sec.3-6-60. Personal leave. Personal leave is a privilege granted to regular and Job share =N employees. Employees in their initial review period are not eligible. Each year with supervisory a•p N 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 2003-1388 PAGE 24 ORD2003-4 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 as a holiday described in 3-6-70.B. — 9 D. The Board of County Commissioners hereby reserves to itself the authority to establish legal — holidays for all County offices. — cc ES sat aay Sec. 3-6-80. Bereavement leave. Leave of absence with pay because of death in the immediate aal" to family may be granted to regular and job share employees by the department head/elected official — o for a period not to exceed three days. Entitlement to leave of absence under this section shall be Jai gi d in addition to any other leave. For purposes of this section immediate family means: spouse, child, parent,stepparent,stepchild,sibling,half-sibling, mother-in-law,father-in-law,son-in-law,daughter- arm3 in-law, grandparent, spouse's grandparent, grandchild,step-grandchild,foster parent,foster child, d ti and guardian. =MIN o -C d 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 C o 0 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 E.cc 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. Ica 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 n 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. 2003-1388 PAGE 25 ORD2003-4 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. d Sec. 3-6-140. Military leave of absence. rc A. Any elected official, department head, or employee who is a member of the National Guard — wi 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 — o g individual is engaged in training or service as ordered by an appropriate military authority. F.2 B. Upon returning to work the elected official, department head, or employee shall pay to the d County all wages received from the national guard or reserve forces for the time spent �3 E performing required military training or service, exclusive of any travel allowance or other =may expenses paid as indicated on the military voucher. The individual has the option of keeping =r o 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 —o pay, the County regular pay will be reduced by the per-day rate of the Military pay for each —C g work day served, up to fifteen (15) days. The per-day rate is determined by the amount of M C the basic pay divided by the number of days served as indicated on the military pay voucher. —o x 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) cip, days of returning to work at the County. —o 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 2003-1388 PAGE 26 ORD2003-4 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. o A. All non-exempt employees, with the exception of public safety employees as classified in — rc accordance with the Fair Labor Standards Act (FLSA), who work more than forty (40) hours — ,s in their established work week will be compensated at one and one-half (1 '/) times their �S regular rate. B. All overtime will be approved by the department head/elected official in advance, except in — E E emergency situations. —0o C. All non-exempt employees are required to complete an earning time sheet for each pay —7,2 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. —`Ns Time sheets will be submitted to the Department of Accounting for pay calculation, and filing. _o 0 Time sheets will be retained for a period of three years. WNW r, D. Compensatory time may be given in lieu of pay. An individual agreement available from the maN Department of Personnel. E. Exempt employees receive a salary to compensate them for the performance of all their occ duties performed and time worked. These employees, as classified in accordance with the p a, FLSA, do not receive overtime. — F. Non-exempt employees,except public safety employees as classified in accordance with the o N. Federal Fair FLSA, accrue overtime at the rate of 1 %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. 2003-1388 PAGE 27 ORD2003-4 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 — ,3 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 department's requirements, = a°Jc the employee should contact the supervisor. a ^s �u Sec. 3-8-20. Reporting of injuries. =�' A. If an employee is injured, even slightly, or suspects he/she has been injured, the employee � = g must report this fact to his/her immediate supervisor at once. To be eligible for worker's =-o� compensation benefits, an employee must be examined and treated initially by the ago established County Worker's Compensation primary medical care facilities. a_ B. The supervisor will complete an Accident Investigation Report and the injured employee will _z,"' be required to sign it. The Employer's First Report of Accident form must be submitted to the =o 0 Department of Personnel within twenty-four(24) hours of the accident. The employee must o complete and turn into their supervisor the Written Notice of Injury form within twenty-four a o (24) hours of the injury. The supervisor's Accident Investigation Report must be submitted to --=---N o the Department of Personnel within forty-eight (48) hours. c OC C. Reasons for the regulations: o o 1. Employees seeking medical attention for job-incurred injuries, from doctors, other than age, those authorized by the County, may have to assume the cost of such treatment. -$e 2. Immediate treatment may prevent complications from developing, such as infection. —82,0, 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 2003-1388 PAGE 28 ORD2003-4 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 rc human blood and certain body fluids are considered potentially infectious. All departments °e must report any possible exposure to the Department of Personnel using the procedures outlined elsewhere for workers compensation reporting. In addition, telephone the g`° Department of Personnel on possible exposures immediately so instructions can be given on — o medical procedures to follow. mim c-2 o D. All medical information gained by the County about the health status of an employee, C3� including the identity of an employee affected by a communicable disease, shall be d confidential. Medical information obtained by the Public Health Officer shall be used --ICO according to public health statutes. --a E. The County is committed to providing a safe work environment for all employees. Every -moo precaution will be taken to see that the health and safety of employees are not threatened -2' by medical conditions of co-workers or the public. �N o F. In cases involving a communicable disease, determination of safety in the workplace will be — o made based on reasonable medical judgements given the state of medical knowledge about -o rc the transmission and severity of the disease. Guidance from the Public Health Officer will be C o,S' taken into account. If a determination is made by the County, after consultation with the o Public Health Officer, that a medical condition poses little or no threat to health and safety in ..M:0", N 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 2003-1388 PAGE 29 ORD2003-4 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 — g supervisor, or suspect the presence of such a condition shall not reveal the identity or c presence of an affected employee, even anonymously, to any County employee or Y other individual, except: a. Department heads and elected officials may contact the Public Health Officer to =g" gather information about specific concerns or educational need in their cg. 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 m3 Health Officer. — g b. Department heads and elected officials may consult the Department of Personnel, —.E9 only with the consent of the affected employee, to gather information about woe personnel decisions. The department head or elected official will not reveal the identity of the affected employee to the Department of Personnel unless the mow employee specifically consents to such identification. o 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 Imiga 0 when other serious health problems come to the attention of the supervisor, department g v head, or elected official. �N o 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. 2003-1388 PAGE 30 ORD2003-4 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 �_ E assigned duties could be detrimental to the health of the employee, or if the medical exam is required by state or federal law. _� °C B. The Department of Personnel will schedule the medical examination as soon as possible 3. once requested by the department head/elected official. An employee may be placed on y ca administrative paid leave pending the medical examination results. All employee medical = g 0 examinations requested by the County will be paid for by the County. The County will receive =a 21 the results of the medical examination and will furnish the employee a copy upon request. -ag Sec. 3-8-50. Recreational activities. The County does not sponsor any adult recreational teams -a ti or activities. Any sports injuries incurred by County employees are considered outside assigned =N County duties. Therefore, they are not covered by workers compensation as job related injuries. =o o M ARTICLE IX =8 Education and Training ii=No oC Sec. 3-9-10. Tuition assistance. X00 A. The County will reimburse an employee for some tuition expenses and lab fees for job related =o courses that have been approved in advance. This does not include books, charges for =oT 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 2003-1388 PAGE 31 ORD2003-4 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. - a, a ARTICLE X =o Pay Practices = —ac — = C Sec. 3-10-10. Salary policy. =8 `t A. The County participates in various salary surveys. Salaries are set by the Board of County Commissioners after full consideration is given to: .3 1. Present pay rates compared to labor market competitors. The competitive job market -d 0. may vary by job classification or specific jobs. —N 2. Ability to pay. 3. Benefit and supplemental pay policies. mum 4. Supply/demand situation for personnel needs. =g 5. Supply/demand situation in the labor market. N 6. Employees expectations. �m a 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 o W adjusted during the fiscal year. _� C. Once salary levels are adopted, a pay table is distributed annually to all departments in the m 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. 3-10-40. 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 2003-1388 PAGE 32 ORD2003-4 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. — E B. Exception hourly. Non-exempt employee who is paid a monthly amount based on the — d average of 173.33 hours per month. Exceptions, such as leave-without-pay and overtime, - cc are subtracted from or added to the monthly amount. �oY C. Salaried. An exempt employee's monthly pay will be based on the average of 173.33 hours =" per month. J o 0 =U Sec. 3-10-60. Job descriptions. County employees are placed in a classification series that —q identifies the position they are filling. A job description is available for all positions in the �3 Department of Personnel. The job descriptions provide a broad statement of the class duties, le d supervision received,supervision exercised,examples of duties,minimum qualifications,education s'<::!. and experience required. rat Sec. 3-10-70. Position audit and reclassification. mim o A. The purpose of the position audits and reclassification is to ensure consistency of pay allo 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 �°o 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 a-g of it being vacated by an employee termination. rA 2 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 2003-1388 PAGE 33 ORD2003-4 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 d Administration will have an opportunity to make comments and recommendations to the o Board. The Board of County Commissioners will review this information and make a — decision. = x m ea G. If any of the above parties disagree with the decision, they may request a work session with —0 the Board. The decision of the Board of County Commissioners at the time of the budget =z. approval is final and may not be appealed through any means. Any approved reclassification — o shall be effective on the first day of the first payroll period of the new fiscal year and funded =' o accordingly in the budget. =d g 363 Sec. 3-10-80. Key elements of the pay system. _0-n A. Nine (9) performance levels (entry, qualified, proficient, third-year, fifth-year, seventh-year, o tenth-year,thirteenth-year,and sixteenth-year proficient.) Pay for performance awards merit —_g;:,! pay increases to the next pay step to employees who meet or exceed the standards of c., performance. •=, B. Performance appraisals to be completed at predetermined time-frames. o Sec. 3-10-90. Pay steps (Except the Department of Social Services). _ nr A. Step 1. Entry Step. Persons with training but little or no experience. Pay is at ninety-four percent (94%) of job rate. cm G B. Step 2. Qualified Step. Persons with training and experience who exceed the minimum =c' 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. 2003-1388 PAGE 34 ORD2003-4 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 = o percent (118%) of job rate. Movement to this step from the thirteenth year proficient step requires at least three (3) years of satisfactory performance at the thirteenth year proficient — ,s step. (FENWC employees excluded) mmo 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. — g = 0 i NOTE. The above pay steps would not correspond to time in classification if the incumbent =7,E was promoted into a higher step due to minimum five-percent increase for promotions or Mim_3 initially hired at the qualified step, if a position was re-classified, or if a pay step was delayed =T c because of performance. Time would be then be determined by length of time in a pay step. Mc"!o moo 0 Sec. 3-10-100. Pay steps for the Department of Social Services. —m c A. Step 8. Entry Step. Persons with training but little or no experience. �N o B. Step 9. Movement to this step requires at least six (6) months of satisfactory performance �T o at step 8. o cc C. Step 10. Movement to this step requires at least six months of satisfactory performance at C v step 9. = D. Step 11. Movement to this step requires at least one (1) year of satisfactory performance at =o step 10. -O'°' 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 2003-1388 PAGE 35 ORD2003-4 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 (16111) of the month. For the Department of Social Services employees, the first (151) of the month. C. Promotions and reclassifications. 1. When a County employee is promoted to a higher level classification in the same o 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 = °J increase. A six-month promotional review period shall exist for the employee in all sa g cases of promotion. al 2. Employees who are promoted and, due to the five percent (5%) increase rule, are =f� placed outside of the current pay table range for that classification will receive only the C five percent (5%) initial pay increase. They will then be placed in the Grand-fathered a y category and treated as such. N 0 3. When a position is determined to be mis-classified and is changed to a higher moo 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 =O 0 former pay grade in the lower class is less than a five percent (5%) increase. In the •r'—No event the entry level is less than a five percent (5%) pay increase, the person will be cc placed at a step providing a five percent (5%) minimum increase. ==G 0 4. A promoted employee entering the classification at higher than the entry level due to -o the five percent (5%) minimum pay increase requirement will still have the promotional —a� a review period. Pay movement will be based upon the normal movement to the higher m 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 2003-1388 PAGE 36 ORD2003-4 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 a Performance Evaluations rc m Sec.3-11-10. Purpose of performance evaluations. Performance evaluations are management • ••S judgments about the behavior, demeanor, conduct, deportment, effectiveness, and other relevant =a factors of employees. Assignments, advancements, reward, discipline, utilization, and motivation = 2 all depend ultimately on management judgments of employee performance. The objectives of • ••' E evaluations are: A. Clarification of what is expected. That is, to develop standards of satisfactory performance, E setting forth what quality and quantity of work of a given type is acceptable and adequate for = pursuing the functions of the organization. —To B. Fortifying and improving employee performance. By identifying strong and weak points in Me.°a individual achievement, recording these as objectively as possible,and providing constructive o counsel to each worker. mimo 0 C. Refinement and validation of personnel techniques. Serving as a check on qualification 'No requirements, examinations, placement techniques, training needs, or instances of mom_6"05 cc maladjustment. D. Establishment of an objective base for personnel actions. That is, in selection for placement =o and promotion, in awarding salary advancements within a given level, in making other =6- 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 2003-1388 PAGE 37 ORD2003-4 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 C o 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 `co authority may then change any rating by initialing and changing the rating to the appropriate =S 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, — = G the employee will initial and date the comments beside the signature section of the reviewingC3a- authority. The employee should indicate his/her concurrence or non-concurrence with the =d 5 reviewing authority's rating. The reviewing authority review is final. The employee may not =3 appeal the matter further, and the grievance procedures described in Article IV of this �Ty Chapter do not apply. • !o co ARTICLE XII Payroll 0 6 Sec. 3-12-10. Payroll information. a cc A. Pay day for all employees will be the last working day of the month. If pay day falls on a con 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 w o cc 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, 2003-1388 PAGE 38 ORD2003-4 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 — (PERA). Employee and County contributions are as determined by PERA through state C s legislation. Member employees should refer to the pamphlet issued by PERA for details —o°° of the plan. Employees on PERA are required to pay Medicare (Hospital Insurance) "t � tax. 2. Weld County Retirement Plan. All full time, regular County employees, except those .a on PERA, are required to participate in the Weld County Retirement Plan. The TM- employee must contribute 6% of gross earnings each month. Employee contributions C3 g 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. —.a-m-i to 0 C Sec. 3-12-30. Procedure to correct payroll errors. �o� A. When an error in pay is identified by either the department head/elected official or the �N.? employee, notification should be made to the Department of Personnel immediately so o° corrections may be made. It is the responsibility of the Department of Personnel, the =o 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. —"o 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. 2003-1388 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. BOA OF COUNTY COMMISSIONERS WEL OUNT , COLORADO ATTEST: 1 j;I ) its = o vi Long, Chairo Weld County Clerk tot P:o it i .' ` rc C/� " �� Robert D. M den, Pro-Tem —" 0 BY: d. a • V.a _;. A —.gr., Deputy Clerk to the Board�' \x : ii �, d ,y-" M. . eile =-0� =3 g AP V D AS M: '/ `. t =II= ID -� • William H. Jerke m•iscc., Jam-- / J —_a c c my rr /2614tA —coo Glenn Vaad -N o _NO �{Ccc Publication: April 10, 2003 a o sr,..* _w First Reading: April 21, 2003 (Con't to 04/23/03) iN e Publication: May 1, 2003, in the South Weld Sun OD et 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 2003-1388 PAGE 40 ORD2003-4 Hello