HomeMy WebLinkAbout20010478.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL DATA ACCESS CONTRACT FOR
EMPLOYMENT AND TRAINING PROGRAMS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with an Intergovernmental Data Access
Contract for employment and training programs between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, Employment Services Division, and the Colorado Department
of Labor and Employment, commencing March 1, 2001, and ending February 28, 2004, with
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Data Access Contract for employment and
training programs between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services,
Employment Services Division, and the Colorado Department of Labor and Employment be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2001.
BOARD OF CO NTY COMMISSIONERS
I"Isli'lir WELD COU , COLORADO
ATTEST: ge '� 0 ti�L etc412
Iasi 1 ,�r J. eile, Chair
n Weld County Clerk to the
.`1XCUSED DATE OF SIGNING (AYE)
‘r.
BY: �c �jl /Glenn Vaad, Pro-Tem
1
Deputy Clerk to the Board i
Willi oakr
AP O D AS TO / .•
avid
E.ng Long
\�,
untyAttorn y
Robert D. Masden
2001-0478
HR0072
Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL DATA ACCESS CONTRACT
is made this 28th, day of February, 2001, by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
acting by and through the,
Greeley Workforce Center
1551 North 17th Avenue
P.O. Box 1805
Greeley, CO 80632
(Participating Agency)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street,Tower 2,Suite 700
Denver, Colorado 80202-2117
(Provider)
WHEREAS, Provider and Participating Agency are committed to strengthening the coordination of
services delivered to Colorado residents;
WHEREAS, Provider is an executive department of the State of Colorado and Participating Agency is a
political subdivision of the State of Colorado;
WHEREAS, Participating Agency warrants that the confidential data received pursuant to this
Intergovernmental Data Access Contract shall be used only by public employees in the performance of
their public duties; and,
WHEREAS, all required approvals, clearances and coordination have been accomplished from and with
all appropriate agencies.
NOW THEREFORE, the parties hereto agree as follows:
A. EFFECTIVE DATE and TERM. The effective date of this Intergovernmental Data Access
Contract is March 1, 2001. The initial term of this Intergovernmental Data Access Contract shall
commence on March 1,2001, and end on February 28, 2002. Unless previously terminated by
one of the parties pursuant to the terms of this Intergovernmental Data Access Contract, this
Intergovernmental Data Access Contract shall automatically renew for two(2)successive terms
of one (1) year each beginning on March 1, 2002.
B. SCOPE OF ACCESS TO,AND ANTICIPATED USE OF, PROVIDER'S INFORMATION
SYSTEMS. In accordance with Section 8-72-107, C.R.S., as amended, the employees of
Participating Agency are public employees performing their public duties. Participating Agency
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
desires access and use of Provider information within the following Provider information systems:
XX CUBS (inquiry only)
XX CATS (inquiry only)
CUBS (input only)
Participating Agency desires this access to, and use of, Provider's information systems: for
verification of client eligibility via unemployment insurance wage records and for review of
employer information for job match.
Participating Agency expressly acknowledges that it is solely responsible for any breach of the
Colorado Employment Security Act(CESA)by Participating Agency, its employees, agents, or
licensees. (See, Section 8-72-107, C.R.S., as amended.)
C. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO,AND USE OF, PROVIDER
INFORMATION SYSTEMS.
1. Duties and Obligations of Participating Agency. Participating Agency shall:
A. Comply in all respects with Section 8-72-107, C.R.S., as amended. Specifically,
Participating Agency shall not release any Provider information to any other person or
entity other than the individual wage earner, benefit recipient, or employing unit. Except
for releasing information for the purpose of conducting normal placement and counseling
activities, all other requests must be cleared through the Contract Coordinator. Section
8-72-107, C.R.S., as amended, reads, in part:
Each employing unit shall keep true and accurate work records, containing such
information as the division(of employment and training]may prescribe. Such
information shall be retained for a period of not less than five years,shall be open
to inspection, and be subject to being copied by the division or its authorized
representatives at any reasonable time and as often as may be necessary. The
division or any referee may require from any employing unit any sworn or unworn
reports, with respect to persons employed by it, which it deems necessary for the
effective administration of articles 70 to 82 of this title. Information thus obtained,
or obtained from any individual pursuant to the administration of articles 70 to 82
of this title, except to the extent necessary for the proper presentation of a claim,
or withholding tax account numbers if such numbers are obtained from the
department of revenue pursuant to section 39-21-113, C.R.S., shall be held
confidential and shall not be published or be open to public inspection (other than
to public employees in the performance of their public duties or to an agent of the
division designated as such in writing for the purpose of accomplishing certain of
the division's functions) in any manner revealing the individual's or employing
unit's identity. Any interested party or his authorized representative, in preparation
for and prior to any hearing on a claim governed by articles 70 to 82 of this article,
shall be entitled to examine and, upon the payment of a reasonable fee to the
division, obtain a copy of any materials contained in such records to the extent
necessary for proper presentation of his position at the hearing. Notwithstanding
said provisions of this subsection (1), any applicant for work shall be entitled to
examine and copy, or obtain a copy from the division upon payment of the costs of
duplication, any letters of reference or other similar documents pertaining to the
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
applicant which are in possession of the division. Any employee or member of the
division or any referee who violates any provision of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than twenty dollars nor more than two hundred dollars, or by imprisonment in the
county jail for not more than ninety days, or by both such fine and imprisonment. .
B. Only use and access Provider information to the extent authorized in Part B
above. Only those employees of Participating Agency who are directly responsible for
the use specified in Part B above shall have access to, or use of, Provider information.
Prior to allowing any employee of Participating Agency to access or use any Provider
information or participate in any activity, Participating Agency shall require any such
employee to review and agree to the terms of this Intergovernmental Data Access
Contract by signing a copy of the "Notice of Personal Compliance" Form, incorporated
herein by reference and attached hereto as"Attachment A";
C. Take all necessary precautions, including, but not limited to: safeguarding the
storage of Provider information and, restricting which employees or agencies are given
access to Provider information, to protect Provider information from unauthorized access,
usage, or release;
D. Permit employees or authorized agents of Provider to make on-site inspections,
during normal business hours,to ensure that Participating Agency is in compliance with
the requirements of the CESA and any applicable federal statutes or regulations;
E. Comply with all security and access procedures established by Provider.
Participating Agency shall submit the names of all employees or agents it desires to be
authorized to access State information to Provider's Contract Coordinator. If Participating
Agency's personnel change, then Participating Agency shall provide updated information
to Provider's Contract Coordinator to limit access to only authorized personnel at
authorized terminals of Participating Agency;
F. Abide by, by signature where appropriate:the"Code of Ethics for Colorado State
Government Service", incorporated herein by reference and attached hereto as
"Attachment B"; the"Gratuities and Credit for Placement" Policy Statement, incorporated
herein by reference and attached hereto as"Attachment C"; the"Code of Ethics and
Reporting Regarding the Access and Use of State Information and Job Placement",
incorporated herein by reference and attached hereto as"Attachment D"; and, the
"Release of Information" Policy Statement, incorporated herein by reference and attached
hereto as"Attachment E".
2. Duties and Obligations of Provider. Provider shall:
A. Allow access to Provider information as indicated in Part B above by providing,
where appropriate, access to information through a computer data link,which access
shall be available from 8:00 a.m. to 5:00 p.m., Monday through Friday, (except for legal
State holidays)barring machine or power failure, or overload of the terminal network.
B. Disclaimer. Provider's obligation to provide information to Participating Agency is
contingent upon the availability of the requested information within the State's computer
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
system. Participating Agency expressly agrees that Provider shall not be liable to
Participating Agency for damages, in whatever form or however characterized or claimed,
from inadequacies with, or in, State information. ,-
C. Provider shall provide training to Participating Agency, as necessary, with regard
to the policies and operating procedures related to accessing and using the Provider
information systems designated in Part B above.
D. ADDITIONAL PROVISIONS.
1. Legal Authority. The parties warrant that each possesses actual, legal authority to enter
into this Intergovernmental Data Access Contract. The person or persons signing this
Intergovernmental Data Access Contract, or any attachments or amendments hereto,
also warrant(s)that such person or persons have actual legal authority to execute this
Intergovernmental Data Access Contract, or any attachments or amendments hereto.
2. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS DUTIES
HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE
OF THE STATE. NEITHER THE CONTRACTOR NOR ANY EMPLOYEE OR AGENT
OF THE CONTRACTOR SHALL BE, OR SHALL BE DEEMED TO BE,AN
EMPLOYEE OR AGENT OF THE STATE. THE CONTRACTOR SHALL PAY WHEN
DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD
TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EITHER EXPRESS OR
IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS 0
COMPENSATION INSURANCE COVERAGE (AND SHOW PROOF OF SUCH
INSURANCE COVERAGE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN
THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR
THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
3. Assignment. The rights, duties and obligations of Participating Agency under this
Intergovernmental Data Access Contract may not be assigned, delegated, or otherwise
transferred without the prior express, written consent of Provider.
4. Performance Monitoring.
A. Participating Agency shall permit Provider, the United States Department of
Labor, or any other duly authorized governmental agent or agency, to monitor all activities
conducted by Participating Agency pursuant to the terms of this Intergovernmental Data
Access Contract. Such monitoring may consist of internal evaluation procedures,
examination of program data, special analyses, on-site checking, formal audit
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with the performance of the duties or
obligations of Participating Agency under this Intergovernmental Data Access Contract.
B. Participating Agency authorizes Provider to perform audits or inspections of the
records of Participating Agency at any reasonable time during the term of this
Intergovernmental Data Access Contract and for a period of five(5)years following the
termination of this Intergovernmental Data Access Contract.
5. Ownership of Materials and Information. Participating Agency agrees that all materials,
information, data, computer software, documents, studies, and/or written evaluations
produced by either Provider or Participating Agency in the performance of this
Intergovernmental Data Access Contract are the sole property of Provider.
6. Notice of Pending Litigation. Unless otherwise provided for, Participating Agency shall:
notify Provider in writing,within five (5)working days after being served with a summons,
complaint, or other pleading in a case which has been filed in any federal or state court or
administrative agency, and which summons, complaint, or other pleading involves
services provided under this Intergovernmental Data Access Contract; and, shall deliver
copies of any such document(s)to Provider.
7. Waiver. The waiver of any breach of any term or provisions of this Intergovernmental
Data Access Contract shall not be construed as a waiver of a breach of any other term or
provision of this Intergovernmental Data Access Contract or, a waiver of a subsequent
breach of the same term or provision of this Intergovernmental Data Access Contract.
8. Termination for Cause. If Provider concludes, in its sole discretion, that Participating
Agency: (a)has breached any term of this Intergovernmental Data Access Contract; (b)
performed its duties and obligations hereunder in an unsatisfactory, incorrect, or improper
manner; or, (c)engaged in improper or illegal activities; then Provider may terminate this
Intergovernmental Data Access Contract immediately without the notice otherwise
required under this Intergovernmental Data Access Contract and, without any
compensation to Participating Agency for termination costs.
9. Termination for Convenience. Each party has the right to terminate this
Intergovernmental Data Access Contract. To terminate this Intergovernmental Data
Access Contract,the terminating party must mail, by United States mail, certified mail,
return receipt requested, a "Notice of Intent to Terminate Intergovernmental Data Access
Contract"to the other party. The Notice of Intent to Terminate Intergovernmental Data
Access Contract must be mailed no less than thirty-three (33) calendar days before the
effective date of the termination of this Intergovernmental Data Access Contract. This
Intergovernmental Data Access Contract shall terminate upon the expiration of a thirty
(30)day notice period. The liability of the parties hereunder for further performance of the
terms of this Intergovernmental Data Access Contract shall cease upon the expiration of
the thirty(30)day notice period. However, the parties are not be released from any duty
or obligation under this Intergovernmental Data Access Contract until the thirty(30) day
notice period has expired.
10. Severability. To the extent that this Intergovernmental Data Access Contract may be fully
executed, and/or performance of the duties and obligations of the parties hereunder may
be accomplished within the intent of this Intergovernmental Data Access Agreement, the
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
terms of this Intergovernmental Data Access Contract are severable. If any term or
provision hereof is declared invalid by a court of competent jurisdiction or, otherwise
becomes inoperative for any reason, then such invalidity or failure shall not affect the
validity of any other term or provision of this Intergovernmental Data Access Contract.
11. Notice Procedure. All notices required, or permitted, to be given under this
Intergovernmental Data Access Contract shall be in writing. All such written notices shall
be deemed given when either personally served on a party or three (3) days after deposit
in the United States Mail, certified mail, return receipt requested.All written notices shall
be addressed to the following parties, or to such other addressee(s)as designated by a
written notice complying with the foregoing requirements:
PARTICIPATING AGENCY:
Mike Geile
Chair
Board of County Commissioners of Weld County
1551 North 17`"Avenue
P.O. Box 1805
Greeley, CO 80632
(970) 353-3800
with a copy to:
Linda Perez
Director
Greeley Workforce Center
1551 North 17th Avenue
P.O. Box 1805
Greeley, CO 80632
(970) 353-3800 x3363
PROVIDER:
Leslie M. Shenefelt
Controller
Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver, CO 80202-2117
(303) 620-4453
12. Indemnification. To the extent authorized by law, Participating Agency shall indemnify,
save, and otherwise hold Provider, and its employees and agents, harmless against any
and all claims, damages, liabilities, or court awards, including costs, expenses, and
attorneys'fees incurred by Provider as a result of any act or omission of Participating
Agency, its employees, agents, or licensees pursuant to the terms of this
Intergovernmental Data Access Contract.
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Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
13. Disputes Arising From or as a Result of This Agreement. Participating Agency
recognizes that it alone is responsible for the use of information provided to it pursuant to
the terms of this Intergovernmental Data Access Contract. Participating Agency also
recognizes that the information provided to it pursuant to the terms of this
Intergovernmental Data Access Contract is confidential pursuant to the provisions of
Section 8-72-107, C.R.S., as amended. Therefore, in the event that a dispute arises as a
result of any act by, or omission of, Participating Agency, or its employees, agents, or
licensees, pursuant to the terms of this Intergovernmental Data Access Contract, and to
the extent allowed by law, Participating Agency shall be solely responsible for any and all
claims, damages, liabilities, or court awards, including costs, expenses, and attorneys'
fees, and shall hold the State of Colorado, and specifically the Colorado Department of
Labor and Employment, its employees and agents, harmless for the same and will
reimburse the Colorado Department of Labor for any and all costs,fees, and/or expenses
incurred.
14. Compliance with Applicable Laws. Participating Agency shall, at all times during the
performance of its duties and obligations under this Data Access Contract, strictly adhere
to the following applicable laws and regulations: Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Education
Amendment of 1972, as amended; the Age Discrimination Act of 1975, as amended; the
Colorado Anti-discrimination Act of 1957, as amended; any other applicable laws
respecting discrimination and unfair employment practices; and, an Executive Order
dated April 16, 1975, entitled "Equal Opportunity and Affirmative Action".
15. Acknowledgment of Applicable Criminal Law. The signatories hereto aver that they are
familiar with section 18-8-301, et seq., (Bribery and Corrupt Influences), and section
18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of
such provisions is present.
16. No Beneficial Interest. The signatories hereto aver, that to their knowledge, no state
employee has a personal or beneficial interest whatsoever in the service(s)or property
described herein.
17. No Financial Authorization or Obligation. In no event shall Provider authorize or make
any financial payment to Participating Agency under this Intergovernmental Data Access
Contract.
18. Entire Understanding. This Intergovernmental Data Access Contract is the complete
integration of all understandings between the parties. No prior or contemporaneous
addition(s), deletion(s), or other amendment(s)hereto shall have any force or effect
whatsoever, unless embodied herein in writing. No subsequent novation(s), renewal(s),
addition(s), deletion(s), or other amendment(s)hereto shall have any force or effect
whatsoever unless embodied in a written document executed and approved pursuant to
the Fiscal Rules of the State of Colorado.
Page 7 of 8
Department or Agency No. KAA Contract Routing No. 01-0150
Weld County Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
IN WITNESS WHEREOF, the parties have executed this Intergovernmental Data Access Contract as of
the date first above written.
PARTICIPATING AGENCY: PROVIDER:
THE BOARD OF COUNTY COMMISSIONERS OF STATE OF COLORADO
WELD COUNTY Bill Owens, Governor
By: 17A(</ 02/21 /2001 By: /G" A
Mik Geile Date 1 kie .Armstrong /a/ Date
Chair Executive Director
FEIN: 84-6000813 Department of Labor and Employment
414/4//40
Attestation (Seal) ,g►;.• r
'1861 in t.,, 1
♦r. ��
By: _.,c . •A!,_.._ �, ' 4
Deputy Clerk to the B.�tit -�
APPROVALS:
DEPARTMENT OF LABOR AND EMPLOYMENT
Leslie M. S enefelt Date
Controller
Page 8 of 8
Attachment A
NOTICE OF PERSONAL COMPLIANCE
I, , certify that I have reviewed and agree to abide by the terms of the Agreement,
and its exhibits including (1) the Code of Ethics for Colorado State Government Service attached as
Exhibit B; (2) the Gratuities and Credit for Placement Policy Statement attached as Exhibit C; (3) the
Code of Ethics and Reporting Regarding the Access and Use of State Information and Job Placement
attached as Exhibit D; and (4) the Release of Information Policy attached as Exhibit E,between the State
of Colorado and my employer or principal, , concerning the disclosure and use
of State information and participation in job placement activities.
I UNDERSTAND THAT ANY ACT OR OMISSION TO ACT ON MY BEHALF WHICH VIOLATES
ANY TERM OF THE ABOVE MENTIONED AGREEMENT OR EXHIBITS, especially the terms
concerning the disclosure of information under Section 8-72-107 of the Colorado Revised Statutes(as
amended) and the Code of Ethics,MAY SUBJECT ME TO CRIMINAL PROSECUTION OR CIVIL
LIABILITY.
Signed:
Date:
Signed before me this day of , 20_.
Notary
Commission Expires
1
Attachment B
D 001 99
EXECUTIVE ORDER
EXECUTIVE DEPARTMENT CODE OF ETHICS
Pursuant to the authority vested in the Office of the Governor of the State of Colorado, I,Bill Owens,
Governor of the State of Colorado,hereby issue this Executive Order adopting the following Executive
Department Code of Ethics.
1. Purpose
Public confidence in the integrity of state government demands that public officials demonstrate the
highest ethical standards at all times. Those who serve the people of the State of Colorado as public
officials should do so with integrity and honesty, and should discharge their duties in an independent
and impartial manner. At the same time, qualified individuals should be encouraged to serve in state
government and have reasonable opportunities with all citizens to develop private economic and social
interests. This Executive Order strives to accomplish these ends by providing standards by which the
conduct of all who serve in the Executive Department of the State of Colorado can be measured.
2. Code of Ethics
All elected officers, appointees and employees of the Executive Department:
(a) Shall serve the public with respect, concern, courtesy and responsiveness;
(b) Shall demonstrate the highest standards of personal integrity,truthfulness and honesty and shall
through personal conduct inspire public confidence and trust in government;
(c) Shall not use public office to bestow any preferential benefit on anyone related to the officer,
appointee or employee by family,business or social relationship;
(d) Shall not disclose or use or allow others to use confidential information acquired by virtue of state
employment for private gain;
(e) Shall not accept any compensation,gift,payment of expenses or any other thing of value which
would influence him or her to depart from the faithful and impartial discharge of his or her duties;
(f) Shall not accept any compensation, gift,payment of expenses or any other thing of value as a
reward for official action taken;
(g) Shall not engage in outside employment unless: (1)the outside employment is disclosed to the
Governor or,in the case of an employee, the employee's immediate supervisor; and(2)the outside
employment does not interfere with the performance of state duties;
(h) Shall not use state time,property, equipment or supplies for private gain;
(i) Shall not knowingly engage in any activity or business which creates a conflict of interest or has an
adverse effect on the confidence of the public in the integrity of government;
(j) Shall carry out all duties as a public servant by exposing corruption or impropriety in government
whenever discovered;
(k) Shall support equal access and employment opportunities in state government for all citizens of the
State of Colorado;
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Attachment B
(1) Shall comply at all times with the standards of conduct set forth in title 24, article 18 of the
Colorado Revised Statutes.
3. Certification of Review and Compliance
"Principal departments" in this section 3 has the meaning set forth in section 24-1-110 of the Colorado
Revised Statutes.
(a)All heads of principal departments and senior staff members of the Governor's Office shall submit
to the Board of Ethics, within 30 days of initial employment, a certificate signed under oath in the form
attached as Exhibit A verifying that they have read and intend to abide by this Executive Order.
(b)All heads of principal departments and senior staff members of the Governor's Office shall submit
to the Board of Ethics, within 30 days of initial employment, and on or before January 30 of each year, a
Conflicts Disclosure Statement in the form attached as Exhibit B.Additionally, all heads of principal
departments and senior staff members shall amend their annual Conflicts Disclosure Statement not more
than 30 days after any conflict of interest arises.
(c)All heads of principal departments and senior staff members of the Governor's Office shall submit
to the Board of Ethics, on or before January 30 of each year, a Disclosure of Gifts and Benefits
Statement in the form attached as Exhibit C.
4. Board of Ethics
Pursuant to section 24-18-112 of the Colorado Revised Statutes,there shall be a Board of Ethics for the
executive branch consisting of five members to be appointed by and to serve at the pleasure of the
Governor. The Board of Ethics shall:
(a)Comment,when requested by the Governor, on each proposed gubernatorial appointment,
including the heads of the principal departments and the senior members of the Governor's office based
upon the provisions of title 24,article 18 of the Colorado Revised Statutes;
(b)Upon written request of the Governor,review complaints of any violation of the provisions of title
24, article 18 of the Colorado Revised Statutes by an elected officer,appointee or employee of the
Executive Department;
(c)Make written recommendations to the Governor concerning his requests; and
(d)Review appeals brought before the Board of Ethics pursuant to section 24-30-1003 of the
Colorado Revised Statutes.
5. Past Executive Orders Superseded and Replaced.
The Executive Order of September 30, 1988 concerning ethics in the executive branch of government,
as well as all previous Executive Orders concerning ethics in the executive branch, are hereby
superseded and replaced by this Executive Order.
GIVEN under my hand and the
Executive Seal of the State of Colorado
this 15th day of January, 1999.
Bill Owens
Governor
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Attachment C
GRATUITIES AND CREDIT FOR PLACEMENT POLICY STATEMENT
The purpose of this statement is to reiterate the written policy of the Division of Employment and Training
with respect to accurate reporting of placement and the prohibition against accepting any gratuity or favor for
making a placement.
An accurate tabulation must be made of placement. Any misrepresentation as to the number of placements-
either a failure to properly take credit or to take credit for a placement not made - is not acceptable.
People will make honest mistakes,but a mistake cannot be condoned with regard to the proper recordingof
placements. It has always been the policy of the Division of Employment and Training to immediately
terminate any employee who takes credit for placements not actually made. There are no exceptions to this
policy.
Under no condition is any employee, volunteer in employment or agent of the Colorado Division of
Employment and Training to accept a payment,a gratuity,or favor for making a placement. any violation of
this policy will also result in the termination of services of the employee violating the policy.
If anyone, at any time, suggests that you in any manner make other than an accurate record of placements,
this fact should be immediately reported by you to the Personnel Unit.
Division Director
Colorado Division of Employment and Training
Attachment D
CODE OF ETHICS AND REPORTING
REGARDING THE ACCESS AND USE OF
STATE INFORMATION AND JOB PLACEMENT
IN PERFORMING ITS CONTRACTUAL OBLIGATIONS WITH THE STATE,THE CONTRACTOR,ITS
EMPLOYEES AND AGENTS, SHALL:
I. Serve the public with respect, concern, courtesy, and responsiveness.
2. Demonstrate the highest standards of personal integrity, truthfulness and honesty and shall through
personal conduct inspire public confidence and trust in the State.
3. Maintain independence and impartiality and refuse to accept any compensation or gift which might result
in preferential treatment of persons,businesses,or organizations.
4. Avoid any business relationship that might conflict with contractual duties to the State.
5. Not use State property, equipment,or information for any private interest.
6. Never disclose,use,or allow others to use confidential information,acquired by virtue of its contractual
relationship with the State, for private interests.
7. Not betray its contractual relationship with the State by conducting itself in any manner which might
adversely effect the integrity of the State.
8. Maintain an accurate tabulation of any placements made. Any misrepresentation as to the number of
placements is grounds for the State to immediately terminate the Contract.
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
The Colorado Employment Security Act (CESA) 8-72-107 governs the release of UI records. The
statute authorizes the release of information under the following circumstances:
o To interested parties in preparation for and prior to any hearing on a claim governed
by the CESA.
o To public employees in the performance of their public duties, to agents of state or
local child-support-enforcement agencies,or to agents of the UT Program designated
as such in writing.
o To any applicant for work to examine and/or copy any letters of reference or similar
documents pertaining to him or her.
o To any requesting party if all identifying information—the employer's or claimant's
— is removed or blacked out (i.e., names, social security numbers, firm names,
representative names, etc.) from the information released.
The Regulations Concerning Employment Security 11.2.22 allows for the release of information to
anyone requesting a copy of a hearing officer's or Industrial Claims Appeal Office's(ICAO)decision
provided that the claimant's social security number is removed.
HOW INFORMATION MAY BE RELEASED
Release to Interested Parties in Preparation for a Hearing
Information that pertains to a hearing may be released to the interested parties.
Information that can be released is anything relating to the issue found in the appeal's file
or in the legal file. (Independent contractor rulings are located in the Tax Branch.)
If an appeal has been filed,the Appeals Branch mails copies of the pertinent documents
to any interested parties.
If an appeal has not been filed,pertinent documents can be mailed only if the interested
party,or his or her representative,signs Form B-510,Certification of Compliance With
the CESA. This form is used specifically to release documents in preparation for a
hearing. When a signed form is returned, Benefits staff sends copies of the pertinent
documents to the interested party. The party is cautioned not to allow the appeal
deadline date to pass.
The reason for obtaining a completed B-510 is to avoid legal action for releasing
confidential UI information when an appeal has not yet been filed.
1
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
Appeal Hearing Tapes and Transcripts
Interested parties and their representatives may request copies of the appeal-hearing tapes
or a transcript of the hearing for preparation of filing an appeal to the Industrial Claims
Appeal Office. There is no charge for such transcripts.
II. Information Released to Public Employees, to Agents of State or Local Child-
Support-Enforcement Agencies, or to Agents of the UI Program
Information may be released to public employees only while in the performance of
their public duties, including but not limited to the following:
A. The U.S.Department of Labor,including its regional offices,and other states,as
defined in the CESA 8-70-103 (24). Telephone release is authorized.
B. The Governor of Colorado and his or her representative. Telephone release is
authorized.
C. Units within the Department of Labor and Employment. Telephone release is
authorized.
D. Federal,state,and local law-enforcement agencies. In keeping with the CESA 8-
72-111, the UI Program,through the Colorado Bureau of Investigation,provides
the address of any person with an outstanding felony arrest warrant. A written
request on official letterhead from the law-enforcement agency is required.
E. Elected officials at any level of government seeking information about a
constituent. Telephone release is authorized.
F. Colorado state agencies or other government agencies upon written request or in
accordance with agreements between them and the UI Program.
G. A state or local child-support-enforcement agency upon a written request for
information, by mail or fax. The UI Program does not release UI information
directly to the vendor. The child-support-enforcement agency may provide the
information to a vendor who does contract work for the agency, if the agency
deems it necessary for the vendor to fulfill its duties.
NOTE: The UI Program does not release UI information to public employees for use in
the hiring process, including any type of security clearance, of that agency.
2
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
III. Letters of Reference
My requests for a "letter of reference" from UI Program records are referred to Staff
Services for guidance.
IV. Removal of Identifying Information
The statute states documents may not be released in a manner that reveals an individual's
or employing unit's identity. In most situations,removing the individual's or employing
unit's identity renders the documents useless. The UI Program may release such altered
UI records to a requesting party.
V. Release of Hearing Officer's and Industrial Claims Appeal Office's Decisions
Hearing officer's decisions and ICAO decisions are subject to the open-records policy
and maybe released upon written request. The claimant's social security number must be
removed (e.g., blacked out)before the document is released to the requesting party.
3
•
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
TO WHOM INFORMATION MAY BE RELEASED
The UI Program may release UI records to the claimant, employer, or representative only if the
request for information is made to facilitate UI Program processes.
Release to Claimants, Employers, or Their Representatives for UI Program
Processing
Interested parties and their representatives may receive copies of records provided by and
sent to them provided the information is used for UI Program processing purposes.
Claimants cannot receive employer information and employers cannot receive claimant
information unless the information is needed in preparation for an appeal,as explained in
"Release to Interested Parties in Preparation for a Hearing."
II. Release of Information to Representatives
A representative is entitled to receive only the information that would otherwise be
released to the claimant or employer.
A. Claimant Representative
A claimant's representative,including attorneys,must satisfactorily explain and
present written confirmation of the reason for acting on behalf of the claimant.
Before information is released to the representative,he or she must first present a
release authorization from the claimant. Staff must compare the claimant's
signature on the authorization with the signature on other file documents before
any disclosure is made. If there is doubt about the validity of the signature, the
document is referred to a supervisor, who may contact a forensic document
examiner at 303-620-4728 in the Office of Investigations and Criminal
Enforcement.
B. Employer Representative
For tax matters, an employer representative must have an affidavit or Power of
Attorney on file in the UI Tax Branch, naming the requestor as the employer's
representative. An individual from an organization representing business
interests must first present a release authorization from the employer. An
attorney involved in tax matters needs a release authorization from the employer
or a letter stating that the attorney is representing the business.
4
•
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
III. Nonclaimant Wage Earners
Nonclaimant wage earners and their attorneys or representatives often request
information for such purposes as verifying work history and earnings. These requests are
never granted without a court order. Staff denies the request and tells the individual that
the information will be provided only in the rare event of a court order.
RELEASE OF RECORDS UNDER OTHER SITUATIONS
Release of Claimant Benefit Payment History
Current UI Program policy allows for the release of information to a claimant who is
requesting his or her own benefit payment history.
II. Release Upon Receipt of Subpoena
NOTE: Records of ongoing investigations are protected by statute and may not be
released.
Based on a strict interpretation of the CESA 8-72-107(1),when a subpoena is served,the
Attorney General's (AG) office files with the court a Motion to Quash (a proposal to
nullify the request). If the court orders that the UI Program release the contents of the
file,the UI Program may either release the information or file an appeal with the Court of
Appeals. If an appeal is filed,the documents are released only if the Court of Appeals
orders the UI Program to comply with the subpoena.
All subpoenas are to be routed to UI Staff Services for processing. The law requires that
a subpoena must be served 48 hours before a response is required. If this does not occur,
Staff Services refuses to respond due to illegal service of the subpoena. Subpoenas are
served to:
Custodian of Records,UI Staff Services Branch
Colorado Department of Labor and Employment
251 E. 12th Ave., Denver, CO 80203
The following guidelines are used in order to process a subpoena:
A. Subpoena to Appear at a Deposition or in Court or to Furnish Documents
Staff Services forwards the subpoena to the Attorney General's office,which files
a Motion to Quash.
5
•
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
A personal appearance is made or a file is released only if the UI Program is
ordered to appear or to produce the documents.
B. Subpoenas for "Professional Expertise"
UI Program employees sometimes receive subpoenas requesting testimony
regarding local labor-market conditions or the employability of an individual or
similar"professional expertise"issues. These subpoenas are to be routed to Staff
Services and are processed as outlined above. Staff Services will keep the
individual informed as to whether a court appearance is necessary.
III. Request for Records of Deceased Party
A personal representative for a decedent's estate is treated as a claimant or employer
would be. If there is not a personal representative for the decedent, staff determines
whether the individual requesting the information is taking care of the affairs for the
deceased.
IV. Benefits Third-Party Release of Information
During claims taking, staff in Benefits may take information from and/or release
information to a person other than the claimant if the claimant has a language barrier or
mental impairment. The claimant must give verbal permission first. At all other times,
information may not be released to any person other than the claimant, even with the
claimant's verbal consent, unless there is written permission in the file.
V. Granting Rebuttal—Use of Inflammatory Statements
Staff who adjudicate job separations often contact claimants or employers by phone in
order to gather information to make decisions. The claimant or employer may ask what
the other party said before giving his or her response. For rebuttal purposes, staff must
convey the actual elements of the statement without directly quoting any inflammatory
language from the response.
VI. Wage Information
Wage information is released by the UI Tax Liability Unit. The unit decides whether the
information may or may not be released. Nonclaimant wage-earners cannot receive such
information unless the court so orders.
6
Attachment E
Colorado Department of Labor and Employment
Unemployment Insurance Program
RELEASE OF INFORMATION POLICY
September 2000
VII. Certification of Documents
The UI Program does not furnish originals unless required by the court. Copies are
certified as true and accurate and are almost always acceptable. If certified copies are
required, a supervisor must be contacted. If these individuals are not available, staff in
UI Staff Services certifies the records.
VIII. Release of DLs, Policies, and Other Internal Communications
Departmental Letters,Policy Letters,Tax Special Letters,and memos reminding staff of
procedures are not normally released. If a request for release of such documents is made,
the UI Program releases the citation of the law and/or provides copies of the CESA.
However,release of the UI Program's DLs,policies,and procedures is at the discretion of
the UI Director.
CHARGING FOR DOCUMENTS AND APPEALS TAPES/TRANSCRIPTS
It is the UI Program's policy to provide copies of requested documents free of charge. The only
exceptions are appeal hearing tapes or transcripts. There is no charge for transcripts when the
interested party is appealing to the Industrial Claims Appeal Office. In other hearing related
situations, tapes or transcripts may be released to the interested party upon payment of the cost.
VIOLATIONS •
The CESA 8-72-107(1)states,in part, ". . .Any employee or member of the division or any referee
who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars,or by
imprisonment in the county jail for not more than ninety days, or by both such fine and
imprisonment."
POLICY COVERAGE
The policy here outlined will be applied equally and impartially to all persons requesting
information.
Any questions regarding its application should be referred to the manager of the unit to whom the
inquiry was directed.
7
a MEMORANDUM KisisTO: Weld County Board of Commissioners,
IDI e Celle, Chairman oWI g FROM: Walt Speckman, Weld County Division of \ :
C Human Services Executive Director
COLORADO
• DATE: February 16, 2001
SUBJECT: Intergovernmental Data Access Contract
between Colorado Department of Labor and
Employment and Employment Services of Weld
County
Enclosed for Board review and approval is an Intergovernmental Data Access Contract with the
Colorado Department of Labor and Employment which enables Employment Services of Weld
County staff to access and use information systems for employment and training programs.
The Contract's period of performance begins March 1, 2001, terminates February 28, 2002,
and automatically renews for two (2) successive terms of one(1) year each beginning March 1,
2002.
Please telephone me at (970) 353-3800, with any questions you may have.
4r, -
2001-0478
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