HomeMy WebLinkAbout20002490.tiff ORDINANCE NO. 118-Q
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IN THE MATTER OF AMENDING THE PERSONNEL POLICY HANDBOOK
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 has the power and authority, under the
Weld County Home Rule Charter and the Colorado County Home Rule Powers Act, Article 35
of Title 30, Colorado Revised Statutes, and in specific, under Section 30-35-201(7), C.R.S., to
adopt by ordinance, Personnel Policy Rules and Regulations for the County of Weld, State of
Colorado, and
WHEREAS, the Board of County Commissioners has previously adopted Ordinance
No. 118-J, the Weld County Personnel Policy Handbook, and has adopted amendments in
Ordinance No. 118-K through 118-P, and
WHEREAS, the Board of County Commissioners hereby finds and determines that there
is a need to amend portions of said Ordinance No. 118-J, as amended, and
WHEREAS, this Ordinance is for the benefit of the health, safety, and welfare of the
people of the County of Weld.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Ordinance No. 118-J, as amended, be, and hereby is,
amended as follows:
SECTION IV, SUSPENSION AND TERMINATION FOR CHARGE WITH CRIME
SUBSECTION: Delete existing text and replace with the following.
In the event an employee is formally charged or indicted for the commission of a
crime, the Department Head/Elected Official or a designee may suspend such
employee without pay, pending prosecution of the offense. Unless the
circumstances are such that immediate action must be taken, the Department
Head/Elected Official or a designee should hold a hearing with the employee
prior to a suspension without pay. If the circumstances warrant an immediate
suspension without pay, the Department Head/Elected Official or a designee
should hold a hearing with the employee as soon after the suspension takes
effect as is practicable. The employee should be informed of the reason for the
hearing and should 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/Elected Official or a designee, and the employee
may be present at the hearing. If the Department Head/Elected Official
determines, based upon the situation, that immediate disciplinary action is
appropriate, a hearing as set forth in the section herein entitled DISCIPLINARY
ACTIONS may take place instead of a hearing as provided in this section.
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If an employee is found guilty of any crime by a court or jury, the County shall
immediately suspend such employee without pay until the employee's conviction
shall become final at the time the employee is sentenced. Notwithstanding the
suspension based upon the criminal proceeding in which the employee is
involved, the County may conduct its own internal investigation of the employee's
actions and other job performance. The Department Head/Elected Official is
authorized to take any appropriate discipline concerning the employee at any
time, up to, and including termination. In addition, at the time such employee's
conviction is final (i.e., after a finding of guilt and sentencing by a court or other
tribunal), notwithstanding any prior disciplinary action, the employee may be
terminated. A deferred judgment and sentence upon a plea of guilty or nolo
contendere shall be deemed to be a final conviction at the time the employee
enters the plea and such plea is accepted by the Court.
During the period of time that the employee is suspended with or without pay, the
employee is required to notify the Department Head/Elected Official of any
change in address, phone number, or the status of the criminal case. If an
employee's suspension without pay continues for more than three months and
there has been no disciplinary action taken by the Department Head/Elected
Official, the employee may request that the Department Head/Elected Official or
a designee further investigate the matter. If the Department Head/Elected
Official or a designee determines, based upon the results of the investigation,
that disciplinary action is not yet warranted, an additional informal hearing may
be held with the employee to determine the status of the criminal proceedings.
For so long as the employee is suspended without pay, the employee may
request a review of the employee's status at reasonable intervals of not less than
three months until such time the employee's conviction is final as defined herein.
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.
SECTION V, RESIGNATION SUBSECTION: Amend to read as follows:
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 (2)
week notice before date of resignation is a standard practice.
An employee who wishes to retire should call Personnel Services at least 30
days prior to the retirement date.
All Regular County employees who terminate employment for any reason must
return the County picture ID card, keys, employee handbook binder, and any
other County property.
Final pay checks for terminating employees will be issued within 24 hours of
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Personnel Services receiving the appropriate paper work. If the termination date
falls during the "payroll processing period" the manual pay 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 Personnel Services 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 Personnel Services
(for Payroll) prior to the termination processing.
SECTION VI, VACATION LEAVE SUBSECTION: Amend to read as follows:
No annual leave is earned by temporary, part-time, seasonal, hourly paid
employees or initial review employees during their first six months of their
employment. During the first six (6) months, employees in the initial review
period will not accrue vacation leave. Upon successful completion of their first
six (6) months, employees will be awarded their earned vacation hours.
Successful completion means that the employee meets or exceeds appraisal
standards on the employee's six month appraisal. Employees may schedule
vacation leave after the successful completion of their first six (6) months.
SECTION VI, SICK LEAVE BANK SUBSECTION: Amend Subsection C.8. to read as
follows:
If the request is granted, the Sick Leave Bank days will not begin until after thirty
calendar days have expired. This thirty day elimination period begins on the first
day of leave, whether it is paid or not.
SECTION VI, SICK LEAVE BANK SUBSECTION: delete Section E in its entirety and
reletter the following sections.
SECTION VI, SICK LEAVE BANK SUBSECTION: Amend Subsection G to read as
follows:
The Sick Leave Bank Program may be terminated at any time by the Board of
County Commissioners for any reason by resolution.
SECTION VI, SICK LEAVE BANK SUBSECTION: Amend Subsection Ito read as
follows:
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.
SECTION VI, UNPAID FAMILY AND MEDICAL LEAVE POLICY SUBSECTION:
Amend last paragraph of Subsection C as follows:
If 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, or to care for
a child with a serious health condition, the husband and wife may only take a
total of 12 weeks of leave.
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SECTION VI, UNPAID FAMILY AND MEDICAL LEAVE POLICY SUBSECTION:
Amend last paragraph of Subsection D as follows:
Employee Status and Benefits During Leave
While an employee is on leave, the County will continue the employee's benefit
accruals (Vacation and Sick) and health benefits during the leave period at the
same level and under the same conditions as if the employee had continued to
work.
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.
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 Accounting Department by the end
of each month. If the payment is more that 30 days late, the employee's health
care coverage may be dropped for the duration of the leave.
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.
SECTION VI, BEREAVEMENT LEAVE SUBSECTION: Amend to read as follows:
Leave of absence with pay because of death in the immediate family may be
granted to regular employees by the Department Head/Elected Official for a
period not to exceed three days. Entitlement to leave of absence under this
section shall be in addition to any other leave. For purposes of this section
"immediate family" means mother, stepmother, father, stepfather, spouse, son,
stepson, daughter, stepdaughter, brother, sister, mother-in-law, father-in-law,
son or daughter-in-law, grandparents, spouse's grandparents, grandchild, foster
parent, foster child, guardian, nephew, niece, aunt, or uncle.
SECTION VI, MILITARY LEAVE OF ABSENCE SUBSECTION: Amend to read as
follows:
Any elected official, department head, or employee who is a member of the
National Guard or reserve forces is entitled to receive up to 15 days per calendar
year military leave of absence ("military leave"). Military leave is granted without
loss of pay, seniority, status, performance rating, vacation, sick leave, or other
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benefits for all of the time the individual is engaged in training or service as
ordered by an appropriate military authority.
Upon returning to work the elected official, department head, or employee shall
pay to Weld County all wages received from the national guard or reserve forces
for the time spent performing required military training or service, exclusive of
any travel allowance or other expenses paid as indicated on the military voucher.
The individual has the option of keeping his military pay in lieu of receiving his
regular pay from Weld County for the time during which he was engaged in the
military training or service. If an employee elects to keep the military pay, the
Weld County regular pay will be reduced by the per day rate of the Military pay
for each work day served, up to 15 days. The per day rate is determined by the
amount of the basic pay divided by the number of days served as indicated on
the military pay voucher. The employee must provide a military pay voucher for
the time period served to determine the per day rate and must forward a copy to
Personnel Services (for Payroll)within 30 days of returning to work at Weld
County.
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 15 days per calendar year), the
individual shall be entitled to leave without pay until reinstated following the
active service time.
Copies of military orders shall be submitted to the individual's supervisor and
Weld County Personnel Services at least two weeks prior to the beginning of
military leave. For more detailed information regarding military leave, contact
Weld County Personnel Services. Weld County complies with all sections of
Title 38, U.S. Code, Chapter 43, Veteran Re-employment Rights.
SECTION X, APPEARANCE/DRESS SUBSECTION: Add the following as the last
sentence:
While on duty County employees are not permitted to wear any visible body
piercing ornamentation except on the ears.
SECTION X, SEAT BELT USE SUBSECTION: Amend to read as follows:
All drivers will wear seat belts while operating County vehicles or when operating
personal vehicles on County business. Drivers will be responsible to insure that
all passengers in the vehicle have fastened their seat belts while the vehicle is in
motion.
SECTION X, SMOKING POLICY SUBSECTION: Amend to read as follows:
Smoking is prohibited in all County buildings and County vehicles. Smoking is
prohibited within fifty (50) feet of any entrance to all County buildings.
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BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective
five days after its final public notice, as provided by Section 3-14(2) of the Weld County Home
Rule Charter.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 118-Q was, on motion duly made and
seconded, adopted by the following vote on the 16th day of October, A. D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO sO
ATTEST: Ilya/
arbara irkmeyer,� •hair
1 Weld County Clerk to the �—�., J
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Deputy Clerk to the Boa.= 11 � �`�,
. . . Baxter
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First Reading: September 13, 2000
Publication: September 21, 2000, in the South Weld Sun
Second Reading: October 2, 2000
Publication: October 5, 2000, in the South Weld Sun
Final Reading: October 16, 2000
Publication: October 19, 2000, in the South Weld Sun
Effective: October 24, 2000
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