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RESOLUTION
RE: ADOPTION OF PROCEDURES FOR WELD COUNTY PERSONNEL GRIEVANCE
BOARD HEARINGS AND INCORPORATION OF SAID PROCEDURES IN THE
ADMINISTRATIVE MANUAL
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, there is a need to have procedures for Weld County
Personnel Grievance Board hearings set forth in the Weld County
Administrative Manual, and
WHEREAS, the Weld County Attorney' s Office deems it advisable
for the Weld County Board of County Commissioners to adopt the
attached procedures.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the attached Weld
County Personnel Grievance Board Hearing Procedures be, and hereby
are, adopted.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that said procedures shall be incorporated into the Administrative
Manual and published by the Director of Finance and Administration
for dissemination to all County Departments.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
November, A. D. , 1984 .
�^ BOARD OF COUNTY COMMISSIONERS
ATTEST: ryM .t44JJ 4Atc i WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,, (q ,_
and Clerk to the�oard Norman Carlson, Chairman
By: 5
DeputCoun� Clerk qu ine Jo n on, Pro-Tem
APPRO AS TO 6
1:::;-,7 Ge R. ran
ounty Attorney
ailc Carlson`
J n T. Martin
Tla; ee - a -/ce 841280
WELD COUNTY PERSONNEL GRIEVANCE BOARD
HEARING PROCEDURES
ARTICLE A - PRESENCE AT HEARING
A. 1 . Presence of Employee Involved. Under no circumstances
shall a hearing be conducted without the personal pres-
ence of the employee who requested the hearing. However,
an employee who fails to appear at such hearing, without
good cause as determined by the Board, shall be deemed to
have waived his rights to a hearing.
A.2 . Persons in Attendance. The grieving party plus any legal
representation, the responding department head/elected
official plus any legal representation, the recorder, the
Board legal advisor, Board members, and any witnesses,
while giving testimony, are the only persons allowed to
be present at such hearings.
ARTICLE B - POSTPONEMENTS AND EXTENSIONS
B. 1 . Postponements of hearings and extensions of time 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 sole discretion of the Board.
ARTICLE C - PRESIDING OFFICER
C. 1 . The Chairman of the Board shall serve as the presiding
officer. The presiding officer shall ensure that order
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is maintained and ensure that all participants in the hearing
have a reasonable opportunity to be heard and to present oral
and documentary evidence. He shall be entitled to determine the
order of procedure during the hearing and shall have the oppor-
tunity and discretion to make all rulings on questions which
pertain to matters of the conduct of the hearing and to admissi-
bility of evidence.
ARTICLE D - CONFLICTS OF INTEREST
D. 1 A member of the Board may withdraw from hearing the case,
unless his withdrawal makes it impossible for the Board
to render a decision.
D.2 Upon a timely and good faith objection to any personal
bias of any member of the Board, the presiding officer
shall forthwith rule upon the objection as part of the
record in the case, and shall take any actions he deems
appropriate in order to alleviate the personal bias, if
so found. Any possible objection to personal bias shall
be deemed waived if not made in good faith and in a
timely manner as determined by the presiding officer.
ARTICLE E - REPRESENTATION
E. 1 . The employee shall be entitled to be accompanied and
represented at the hearing by an attorney or any other
person of his choice. The responding county official,
department head or other supervisor shall also be enti-
tled to have an attorney representing him at the hearing.
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ARTICLE F - RIGHTS OF PARTIES
F. 1 . At the hearing, each of the parties shall have the right
to:
F. l .a. Call and examine witnesses.
F.1 .b. Introduce exhibits.
F. 1 .c. Cross-examine any witnesses on any matter
relevant to the issues.
F. 1 .d. Impeach any witness.
F. 1.e. Rebut any evidence.
F.2. If the employee does not testify in his own behalf, he
may be called and examined as if under cross-examination.
ARTICLE G - PROCEDURE AND EVIDENCE
G. 1 . The hearing shall be conducted informally and not 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. Evidence
presented at the hearing may include the following:
G. l .a. Oral testimony of witnesses.
G. l .b. Briefs, memoranda, or other related
information.
G. l .c. Any material contained in the personnel files
regarding the employee involved.
G. 1 .d. Any other relevant material.
G.2. Each party shall, prior to or during the hearing, be
entitled to submit memoranda concerning any matters being
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considered by the Board. Such memoranda shall become a
part of the hearing record.
G. 3. The Board may receive and consider evidence not
admissible under the standard rules of evidence, if such
evidence possesses probative value commonly acceptable by
reasonable and purdent men in the conduct of their
affairs.
G.4 . The presiding officer may exclude unduly repetitious
evidence.
G.5. Objections to evidentiary offers may be made and shall be
noted in the record.
ARTICLE H - SPECIFIC PROCEDURES OF THE BOARD
H.1 . Call the Board to order and take roll.
H.2. Announce the matter to be heard.
Determine whether all parties involved in the matter to
be heard are present and that all such persons are ready
to proceed.
H.3. Call the aggrieved employee to proceed with his case.
G.3.a. He may give a short statement of his case,
summarizing his position.
H.3 .b. He may present witnesses on direct examination.
The witnesses will each then be subject to
cross-examination by the other party and may be
questioned by the Board. The employee may then
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question his witness on any new matters brought
up on cross-examination.
H. 3.c. He may introduce exhibits.
H. 4 . After the employee has presented his case in chief the
other party is called to proceed and he shall present his
case in the same manner as the employee.
H.5. The employee may then rebut any matter brought out in the
other party' s case.
H. 6 . The Board members may examine any witnesses, call any
additional witnesses for examination, and request the
submission of any exhibits.
ARTICLE I - BURDEN OF PROOF
I. 1. The employee who requested the hearing will have the
burden of proving his position by clear and convincing
evidence. "Clear and convincing evidence" is defined as
that evidence which is stronger than a "preponderance of
the evidence" and which is highly probable and free from
serious doubt. Colorado Jury Instructions 2d. Section
3:2 . "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 Jury
Instructions 2d, Section 3 :1 (4) .
ARTICLE J - RECORD OF HEARING
J. 1 . A record of the hearing shall be kept that is of
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sufficient accuracy to permit an informed and valid
judgment to be made by any person that may later be
called upon to review the record and render a
recommendation or decision in the matter. The Board
shall select a method to be used for making the record
and this may be accomplished by use of a court reporter,
or electronic recording unit, or detailed transcription
or by taking detailed minutes. If the Board selects a
method other than a court reporter and the employee
requests that a court reporter be used, then the employee
shall pay the costs of the use of the court reporter.
ARTICLE K - RECORDS AND ADJOURNMENT
K. 1 . The Board may, at its discretion, recess the hearing and
reconvene the same for the convenience of the parties or
for the purpose of obtaining new or additional evidence
or consultation. Upon conclusion of the presentation of
oral and written evidence, the hearing shall be closed.
The Board shall thereupon, at a time convenient to
itself, conduct its deliberations outside the presence of
the parties. Upon conclusion of its deliberations, the
hearing shall be declared finally adjourned.
ARTICLE L - FINDINGS AND RECOMMENDATIONS OF THE BOARD
L. 1 . Within five (5) days after the final adjournment of the
hearing, the Board shall make a written report of its
findings and recommendations in the matter and submit the
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same to the employee and department head/elected offi-
cial. All findings and recommendations in the decision
by the Board shall be supported in the report by a
concise statement citing the basis of its decision. The
decision of the Board shall be based upon evidence
produced at the hearing.
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