HomeMy WebLinkAbout810777.tiff RESOLUTION
RE: ADDITION OF DIRECTOR OF SOCIAL SERVICES TO COUNTY
PERSONNEL SYSTEM
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, Senate Bill No. 503, that directs the Board of
County Commissioners to appoint a Director of the Department
of Social Services, and
WHEREAS, said position shall be exempt from the state merit
system, established and maintained pursuant to Section 26-1-120,
and
WHEREAS, the salary of the County Director shall be est-
ablished by the Board of County Commissioners of the county, and
the state department shall only reimburse eighty per cent of
the salary established in the compensation plan pursuant to
Section 26-1-120 (5) (i) or shall pay the actual salary, which-
ever is less, and
WHEREAS, the Board of County Commissioners deems it ad-
visable to place the position of County Director of Social
Services under the provisions of county personnel and compen-
sation policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the county personnel
policy be amended to include the addition of the Director of
the Weld County Department of Social Services.
BE IT FURTHER RESOLVED that said Director shall be
included in Weld County' s personnel and compensation policies.
BE IT FURTHER RESOLVED that said amendments are effective
nunc pro tunc June 9, 1981.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 5th
day of August, A.D. , 1981.
810777
Page 2
RE: ADDITION OF DIRECTOR
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, C ORADO
�,� (Aye)
Chuck Carlson,, Chairman
(Aye)
Norman Carlson, Pro-Tem
A 1/7 C 7 (Aye)
C. W..,_ K rby
(Aye)
Jo h T. Martin
/
Y�C� .L� / � . Ctl9"7Jie4,4,' (Aye)
June K. Steinmark
ATTEST: J L,
Weld County erk and Recorder
and Clerk to the Board
B : .I-1,rJ )
Deputy County Clerk
APPROPED AS TO FORM:
County Attorney
DATE PRESENTED: AUGUST 5, 1981
mEmoRFAnDum
To Don Warden, Director of Finance Date July 21, 1981
COLORADO From Dick Barrett, Director of Personnel a
subject: Addition of Director of Social Services to County Personnel System
New legislation recently signed by the Governor exempts County Social Services
Directors jobs from the Merit System and places them under the Board of Commissioners
and the County Personnel System. This change became effective on June 9, 1981.
In order for Weld County to comply with this new legislation, the following actions
are required:
A. Board should pass a resolution appointing Mr. McKenna to the position
of County Director of Social Services and place him under the provision
of County Personnel and Compensation Policies. Compensation for his
position should be determined by the Board as other county department
directors.
B. The resolution should establish his 1981 compensation as now established,
ie. , $35,895 per year.
C. The resolution should address the sick leave and vacation time Mr.
McKenna accured under the Merit System.
1 . Under the new legislation, the sick leave and vacation may be
carried forward or he may be compensated for this leave. Under
the Merit System, Mr. McKenna accrued sick leave at a rate of
1' days per month with no limits as to the amount he could accrue
and that any reimbursements for this sick leave will be paid off
under the retirement rules (ie. , a of accrued leave) .
2. Under County Personnel policies, Mr. McKenna will accrue sick
leave at a rate of one day per month, with no limit as to the
amount accrued but pay off of sick leave at termination or
retirement will be at a rate of 2 of sick leave accrued not to
exceed one month's pay.
3. Mr. McKenna currently has 239 3/4 days of sick leave accrued.
The following options are available to the Board:
Sick Leave Option I
Let Mr. McKenna carry over to the county system 239 3/4 days
of sick leave.
Advantages
1 . Ensures full credit for all sick leave accrued to date. Pro-
tects Mr. McKenna during future years for any serious illness.
2. No dollar pay out at this time from county funds. (it is
assumed that the county would pay 20 percent of any dollar
settlement) .
Page 2
July 21 , 1981
Disadvantages
If Mr. McKenna has no major illness in future years and he terminated
or retired from his current position, he would be paid for sick leave
at that time under county policies, ie. , one half of sick leave not
to exceed one months pay. This could result in dollar loss to him.
For example, at todays rate:
Under county policies:
Pay off would be $2,991.00
Under Merit System Policy:
Pay off would be $8,555
Mr. McKenna then has a potential loss of $5,564. Assuming the state
would pay 80 percent, the county cost for this option would be zero
at this time, but absorb a future cost of 20 percent of one month
salary at current rate would amount to $598.20.
Sick Leave Option II
Pay off the total amount of sick leave Mr. McKenna has currently accrued.
Advantages
Starts Mr. McKenna in the county system with a clean break.
Disadvantages
1 . Gives Mr. McKenna no insurance for future possible long term illness.
2. High cost option.
Cost: Total cost $8,555 of which county would pay 20 percent ,
ie. $1,711.
Sick Leave Option III
Pay off 1 of sick leave accrued.
Advantages
1 . Brings Mr. McKenna in line with county policies and ensures he has a
sufficient base to build on for future serious illness.
2. Low county cost.
Disadvantages
Reduces Mr. McKenna's sick leave by 50 percent.
Cost: Total cost $4,276.79 of which county cost would amount to $855.35.
Page 3
July 21, 1981
Recommendation:
That the Board adopt Option III . This is the least cost to the county and yet is
fair to Mr. McKenna.
Vacation
Under the legislation, Mr. McKenna may carry forward his annual leave and after
June 9, 1981, would be under the county policy. The Board has the option to com-
pensate him for the annual leave he has accrued as of June 9, 1981.
Discussion:
Weld County Personnel policies-vacation may be carried over to the next year, but
must beutilized during that year, ie. , carried over vacation days may not be carried
over a second year. In addition, vacation accrued rate under county policy for Mr.
McKenna (13 years with the county) would be at a rate of 11 days per month or 18
days per year.
Mr. McKenna under the state Merit System, earns at the rate of 1 3/4 days per month
or 21 days per year and limit of 42 days he may accrue or carry over from year to
year. Accrued vacation time is adjusted at the end of each calendar year to the 42.
The following options are available to the Board:
Vacation Option I
Allow Mr. McKenna to carry over his 49 days of accrued vacation.
Advantages
1 . No immediate dollar cost to the county.
2. Ensures Mr. McKenna has available the vacation time he has earned
in the past.
Disadvantages
Mr. McKenna would be required to utilize the majority of his 49 days of
vacation by the end of 1981. This could amount up to two plus months of
vacation in the next six months.
Would not be fair to Mr. McKenna to make him take this much vacation in
a six month period.
Could have an adverse impact of his directorate, especially during the
budget period.
Vacation Option II
Pay Mr. McKenna for 49 days of vacation. Under the policy would have to
pay him on a one for one bases.
Advantages
1 . Would easily transfer him to the county system.
2. Would not require excessive absence from his office during a critical
period.
Page 4
July 21 , 1981
Disadvantages
1 . Would leave Mr. McKenna with little vacation time only the nine days
he would accrue under county vacation policies.
2. High cost option would require $6,994.75 total and county portion
would be $1 ,398.95.
Vacation Option III
Carry over 27 days of vacation and pay off 22 days. The 27 days are computed
at county rate of 18 days per year. Thus under county policy would carry
over 18 days for 1980, plus nine days for the first six months of 1981 , for
a total of 27 days. Eighteen of these days would have to be used by Decem-
1t ber 31 , 1981. However, recommend the Board follow the same rules we used
at the Health Department, ie. , give Mr. McKenna one year to July 1 , 1982 to
utilize the 18 days.
Advantages
1 . Gives Mr. McKenna a sufficient portion of his vacation time and allows
sufficient time to utilize his vacation without disrupting his work load.
2. Low cost option.
3. Total cost-$3,140.56, county cost $628. 10
Recommendation:
Select Option III as the best alternative.
Under the new policy, salaries for county director of Social Services will have their
salaries determined by the Board of County Commissioners. The state, each year, will
determine and adopt a salary plan for county director of Social Services, which the
state will reimburse 80 percent to the counties. If a Board pays more than the salary
plan, state will only pay the 80 percent of the salary plan figure. If a Board pays less
than the salary plan calls for, the state will only pay 80 percent of the lower salary
established by the Board.
Summary:
By Resolution:
A. Appoint Mr. McKenna as the Director of Weld County Social Services and place under
County Personnel and Compensation policies.
B. Establish 1981 pay at his current rate of $35,892.00.
C. Establish his date for seniority for the county personnel system as his original
date of assignment to Weld County Social Services: July 22, 1968.
D. That the resolution outline the option the Board selects for resolution of Mr.
McKenna's vacation and sick leave.
E. That the county attorney draw up an agreement for record of the option selected
by the Board for resolution of the sick and vacation days.
F. If Option III for sick and vacation is selected, cost would be:
Page 5
July 21, 1981
Cost County Cost
Vacation $3140.50 $628.10
Sick leave 4276.79 855.35
FICA for vacation 218.84 41.76
TOTAL $7626.13 $1525.21
This memo has been reviewed by Mr. McKenna and he concurns in the recommendations
as presented. He has indicated his desire to accept Sick Leave Option III and
Vacation Option III . If possible, he desires that payment for these options be
held off until January, 1981. It' s late in the tax year to make major decisions
that could significantly affect his tax bill plus this year, all county employees
will have 13 months of pay for tax purposes and this further complicates his pro-
blem. I would recommend concurrence with this request provided the state..will
guarantee payment at that time of the 80 percent.
LRB/db
cc: Mr. McKenna
Pat Persichino
Sandy Hunter
1981
(0011/4 tr ."))
SENATE BILL NO. 503.
BY SENATORS P. Powers, MacManus, R. Powers, Durham, Soash, and
Strickland;
also REPRESENTATIVES Hamlin, DeFilippo, Gillis, Heim,
Prendergast, Shoemaker, Sullivan, and Larson.
CONCERNING THE EXEMPTION OF THE OFFICE OF COUNTY DIRECTOR OF THE
COUNTY DEPARTMENT OF SOCIAL SERVICES FROM THE MERIT SYSTEM.
Be it enacted y the General Assembly of the State of Colorado:
SECTION 1. 26-1-117 (1) , Colorado Revised Statutes 1973, is
amended to read:
26-1-117. County director - district director. (1) It is
the duty of the county board to appoint a county director, who
shall be charged with the executive and administrative duties and
responsibilities of the county department, subject to the
policies, rules, and regulations of the state department, and who
shall serve as secretary to the county board, unless a secretary
is otherwise appointed by the board. The-county-director-shaii-be
appointed--and--shaii--serve--4n-aeeordance-with-the-mer4t-system
estabi4shed-and-ma4ntained-by-the-state--department--pursuant--to
sect4on--26-3-128--for-the-seieet4on;-retent4on;-and-promot4on-of
empioyees-of--county--departments----The--saiary--of--the--eounty
d1reetor--shaii--be--estabi4shed-4n-aecordenee-w4th-the-rtlies-and
saiary-scheduies-prescribed--by--the--state--board- THE COUNTY
DIRECTOR SHALL BE EXEMPT FROM THE MERIT SYSTEM ESTABLISHED AND
MAINTAINED PURSUANT TO SECTION 26-1-120. THE SALARY OF THE
COUNTY DIRECTOR SHALL BE ESTABLISHED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY. THE STATE DEPARTMENT SHALL ONLY
REIMBURSE EIGHTY PERCENT OF THE SALARY ESTABLISHED IN THE
COMPENSATION PLAN PURSUANT TO SECTION 26-1-120 (5) (i) OR EIGHTY
PERCENT OF THE ACTUAL SALARY, WHICHEVER IS LESS.
SECTION 2. 26-1-120 (5) (d), Colorado Revised Statutes
Capital letters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
1973, as amended, is amended to read:
26-1-120. Merit system. (5) (d) Appointments to all
positions in the county departments, EXCEPT THAT OF COUNTY
DIRECTOR, to be made from registers of eligible persons certified
in the order of merit with due consideration of veterans'
preference. Selection by the appointing authority shall be made
from the three highest eligibles certified for each position;
but, when the state department does not furnish a county
department with a register of eligible persons for an available
position within sixty calendar days of formal request by a county
for said register, the county appointing authority may proceed to
appoint an otherwise qualified person to fill the position, and
said person shall be deemed certified, as if he had appeared on a
register of eligibles, with all the rights of any other
probationary employee under the merit system.
SECTION 3. Reveal . 26-1-120 (6), Colorado Revised Statutes
1973, as amended, is repealed.
SECTION 4. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
r• . An er on ar a soe
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
��jj pay
t die L. R £fI �=� orraine om ar
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED
Rich a d D. Lamm GOVER OR OF THE STATE OF COLORADO
PAGE 2-SENATE BILL NO. 503
First Regular Session
LDO NO. 81 1581/10 Fifty-third General Assembly SENATE BILL NO. 503
STATE OF COLORADO NALYA, EIiRRCl94ENT,
WELFARE & (RST?TU1E3 S
BY SENATORS Paul Powers, MacManus , Ray Powers, Durham, Soash,
and Strickland;
also REPRESENTATIVES Hamlin, DeFilippo, Gillis, Heim, Prendergast,
Shoemaker, and Sullivan.
A BILL FOR AN ACT
1 CONCERNING THE EXEMPTION OF THE OFFICE OF COUNTY DIRECTOR OF THE
2 COUNTY DEPARTMENT OF SOCIAL SERVICES FROM THE MERIT SYSTEM.
Bill Summary
(Note: This summary applies to this bill as introduced and
does not necessarily reflect any amendments which may be
subsequently adopted. )
Exempts the office of county director of the county
department of social services from the merit system.
3 Be it enacted by the General Assembly of the State of Colorado:
4 SECTION 1. 26-1-117 (1), Colorado Revised Statutes 1973, is
5 amended to read:
6 26-1-117. County director - district director. (1) It is
7 the duty of the county board to appoint a county director, who
8 shall be charged with the executive and administrative duties and
9 responsibilities of the county department, subject to the
10 policies, rules, and regulations of the state department, and who
11 shall serve as secretary to the county board, unless a secretary
12 is otherwise appointed by the board. The-eounty-d4rector-shaii-be
13 appointed-and-shaft-serve-4n-accordance--with--the--merit--system
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
1 esteb4ished--and--maintained--by-the-state-depertment-parsaant-te
2 section-26-3-328-for-the-seiection;-retention;-and--promotion--of
3 emp4oyees--ef--county--departments----fhe--sa1ery--of--the-county
4 d4rector-sham-be-estab4ished-4n-accordance-with--the--ra4es--and
5 salary--schedules--prescribed--by--the--state--board: THE COUNTY
6 DIRECTOR SHALL BE EXEMPT FROM THE MERIT SYSTEM ESTABLISHED AND
7 MAINTAINED PURSUANT TO SECTION 26-1-120. THE SALARY OF THE
8 COUNTY DIRECTOR SHALL BE ESTABLISHED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF THE COUNTY. THE STATE DEPARTMENT SHALL ONLY
10 REIMBURSE EIGHTY PERCENT OF THE SALARY ESTABLISHED IN THE
11 COMPENSATION PLAN PURSUANT TO SECTION 26-1-120 (5) (i) OR SHALL
12 PAY THE ACTUAL SALARY, WHICHEVER IS LESS.
13 SECTION 2. 26-1-120 (5) (d) , Colorado Revised Statutes
14 1973, as amended, is amended to read:
15 26-1-120. Merit system. (5) (d) Appointments to all
16 positions in the county departments, EXCEPT THAT OF COUNTY
17 DIRECTOR, to be made from registers of eligible persons certified
18 in the order of merit with due consideration of veterans'
19 preference. Selection by the appointing authority shall be made
20 from the three highest eligibles certified for each position;
21 but, when the state department does not furnish a county
22 department with a register of eligible persons for an available
23 position within sixty calendar days of formal request by a county
24 for said register, the county appointing authority may proceed to
25 appoint an otherwise qualified person to fill the position, and
26 said person shall be deemed certified, as if he had appeared on a
-2- 50 3
1 register of eligibles , with all the rights of any other
2 probationary employee under the merit system.
3 SECTION 3. Repeal . 26-1-120 (6) , Colorado Revised Statutes
4 1973, as amended, is repealed.
5 SECTION 4. Safety clause. The general assembly hereby
6 finds, determines, and declares that this act is necessary for
7 the immediate preservation of the public peace, health, and
8 safety.
-3- 5 0 3
Hello