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AR2-109777 ORDINANCE NO. 118-K m 0 IN THE MATTER OF AMENDING ORDINANCE NO. 118-J, THE WELD COUNTY PERSONNEL POLICY ) HANDBOOK • ~ UU BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO THAT ORDINANCE NO. 118-J IS AMENDED BY THE FOLLOWING ORDINANCE: o WHEREAS, the Board of County Commissioners of the County of Weld, State of o w 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, a and 0 U 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 rn n Act, Article 35 of Title 30, CRS, and in specific, under Section 30-35-201(7) , o a CRS, to adopt by Ordinance Personnel Policy rules and regulations for the County of Weld, State of Colorado, and N rn U WHEREAS, on January 22, 1991, the Board of County Commissioners repealed o H and reenacted Ordinances 118, 118-A, 118-B, 118-C, 118-E, 118-F, 118-G, 118-H and Htwo versions of 118-I, by adopting Weld County Ordinance No. 118-3, and a WHEREAS, the Board of County Commissioners of the County of Weld, State of r w Colorado, hereby finds and determines that there is a need to amend portions of ✓ w Weld County Ordinance No. 118-J, the Weld County Personnel Policy Handbook, and o z that this Ordinance is for the benefit of the health, safety, and welfare of the N 4 people of the County of Weld. a a NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance No. 118-3 be, and hereby is, amended Ln• r as follows: rn Delete all of the Subsection entitled "GRIEVANCE PROCEDURES" under Section IV and found on pages 13 and 14 of the Weld County Personnel Policy Handbook, and add the following: GRIEVANCE PROCEDURES - The employee Grievance Procedures are as follows: Step #1. APPEAL TO IMMEDIATE SUPERVISOR. All grievances must first be presented to the employee's immediate supervisor within five calendar days of the incident which is the subject matter of the grievance. Step #2. IMMEDIATE SUPERVISOR RESPONSE TO APPEAL. The immediate supervisor will give the employee an answer within five calendar days of the presentation of the grievance. ORD #118-K 921534 RE: ORDINANCE #118-K PAGE 2 <n O U o Step #3. APPEAL TO DEPARTMENT HEAD/ELECTED OFFICIAL. If N O the employee is not satisfied with the o supervisor's answer to the grievance, the A employee may, within five calendar days of o receiving the supervisor's answer, appeal the cr supervisor's answer to the Department Head or o a Elected Official. Such an appeal must be q presented in writing. The writing shall state 0 the nature of grievance and explain the O employee's position. M g �; Timeliness of Appeal: In all cases, failure to x submit a written appeal to the Department Head or o Elected Official within twenty calendar days of N the incident which is the subject matter of the my grievance shall constitute a stale grievance and N z waiver of grievance rights for the incident. O H � W Appeals Directly to the Department Head/Elected a Official: In those instances when the discipline is being administered directly by the Department w Head or Elected Official, the employee grievance procedure begins at Step #3. oz N < Step #4. DEPARTMENT HEAD/ELECTED OFFICIAL RESPONSE TO THE o y APPEAL. The Department Head or Elected Official V r�� shall give a written answer to the grieving a S employee within five calendar days of the U- o presentation of the grievance. Ol CO rn r-+ Step #5. FILING OF A FORMAL WRITTEN GRIEVANCE. If the pq k, employee disagrees with the Department Head or Elected Official's answer, the employee may file a formal written grievance with the Weld County Personnel Department within ten 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, any summary of the answer(s) of the supervisor and Department Head or Elected Official. Step #6. RECONCILIATION. The Weld County Personnel Director may attempt to reconcile the differences. ORD #118-K RE: ORDINANCE #118-K PAGE 3 o U Step #7. SCHEDULING THE GRIEVANCE HEARING. If reconciliation is undertaken by the Weld County m o Personnel Director and it is not successful, the U Personnel Director has fifteen calendar days from o receipt of the written grievance to set a o grievance hearing date and to notify the employee o• and Department Head or Elected Official of the fa w hearing date. A ODelete all of the Subsection entitled "GRIEVANCE HEARINGS" under Section IV and found on Pages 14, 15, 16, 17, and 18 of the Weld County Personnel 'n a Policy Handbook, and add the following: •• w GRIEVANCE HEARINGS - The Weld County Grievance Hearing Procedures cz are as follows: N a 1. PRESENCE AT HEARING. Presence of employee involved. o Hg Under no circumstances shall a hearing be conducted without the personal presence of the employee who is Ft el requesting the hearing. However, an employee who fails to appear at such hearing, without good cause, as ] determined by the Weld County Grievance Board, shall be N w deemed to have waived his/her rights to a hearing. rn M Z Persons in attendance. The grievance hearing is not a o public hearing. The Grievance Board, the grieving u a party, plus one representative, the responding xw Department Head or Elected Official, plus one representative, a representative of the Personnel '- r' Department, the recorder, and any witnesses, while VI CO M <. giving testimony, are the only persons allowed to be present atgrievance hearings. The g grieving employee pa 44 shall be entitled to be accompanied and represented at the hearing by an attorney or any other person of his choice. The attorney who represents the grieving employee shall be paid by the employee. In no event shall Weld County be obligated to pay the employee's attorney fees or any costs associated with the grievance. The responding Department Head or Elected Official, or other supervisor, shall be entitled to have an attorney representing him/her at the hearing. 2. COMPOSITION OF GRIEVANCE BOARD. The Grievance Board shall consist of three members as follows: A. One County employee chosen by the grieving employee, but not from his/her office or department. Said County employee may not be called by either party as a witness. ORD #118-K RE: ORDINANCE #118-K PAGE 4 M u B. One County employee chosen by the Elected Official/Department Head, but not from his/her -4t oO office or department. A C. A person with labor relations and/or legal c 3 background chosen by the Board of County o x Commissioners of Weld County. This person shall w serve as the Chairperson of the Grievance Board. A U 3. POSTPONEMENTS AND EXTENSIONS. Postponements of hearings m a and extensions of time of hearings may be requested by d either party or by his/her designated representative. w However, the granting of such postponements or o x extensions shall be made only upon the showing of good cause and is at the discretion of the Personnel ry a Director. Postponements or extensions will not exceed u two weeks, unless there are extraordinary circumstances. o Z In the event an extension is granted at the request of w the disciplined employee, he/she will not be eligible HI Ei for back pay for the period of the extension should back pay be awarded. 44 4. PROCEDURE AND EVIDENCE. The hearing shall be conducted o z informally and shall not be subject to strict judicial M Z or technical rules of procedure. A wide latitude in the o manner of presenting the respective positions should be u a afforded the parties. The grievance hearing pursuant to wx g these rules shall not be a hearing under the Administrative Procedures Act or an arbitration which r may be subject to the rules of the American Arbitration M �r Society. —t g A. 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. B. The Grievance Board may exclude unduly repetitious evidence. C. The Grievance Board shall conduct a de novo hearing of the grievance. D. Both parties may call witnesses to testify on their behalf and present evidence which is relevant. The grieving employee's personnel file shall automatically become a part of the hearing record. ORD #118-K RE: ORDINANCE #118-K PAGE 5 O E. In the event an employee is represented by an o U attorney, notice of such representation must be , submitted to the Personnel Office at least five 'n o calendar days prior to the hearing so that the U County Attorney or his/her designee may be prepared to represent the Department Head or 0 3 Elected Official. If the employee cannot afford an attorney, the Grievance Board may, at its o w discretion, allow a person who is not an attorney Ca to represent the employee. 0 F. Any attorney who represents a grieving employee M a shall be paid by the employee. In no event shall .. La Weld County, the Board of County Commissioners of o Weld County, any Department Head/Elected Official, or other employee be obligated to pay ro a the grieving employee's attorney fees or any U costs incurred by the employee in the course of z the grievance hearing process. H \ W G. Any Weld County employee who is requested by either party to testify at the hearing must r p comply with the request. Failure to appear and w testify upon request will subject the employee to oz disciplinary action. cnz N H. The Grievance Board Members shall not conduct their own pre-hearing investigations or talk with athe Elected Official or Department Head or any other persons connected with the case about the N M facts of the case. Discussions, if any, prior to Le) co ni the hearing shall be limited to discussions with the Personnel Director as to procedural matters W and the method of conducting the hearing. 5. BURDEN OF PROOF. The grieving employee will have the burden of going forward to establish a prima facie case regarding his/her grievance. "Prima facie" means sufficient evidence to prevail until overcome by other evidence. The Department Head/Elected Official shall then have the burden of persuading the Grievance Board of his/her position by preponderance of the 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 2nd Section 3:1(4) . ORD #118-K RE: ORDINANCE #118-K PAGE 6 6. RECORD OF HEARING. A record of the hearing shall be rn 0 kept by an electronic recording unit. Either party may o v request the use of a court reporter instead of, or in addition to, the electronic recording unit. The 1/40 O requesting party shall pay for all costs associated with ca using the court reporter. o W o o a 7. DECISION OF THE GRIEVANCE BOARD. The Grievance Board taw 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 r1 wx policies and procedures set forth in this Weld County Personnel Policy Handbook, Weld County Ordinance No. rn 0 118, as amended. The Grievance Board shall not fashion o x any binding remedy, but may suggest remedies to Department Heads/Elected Officials. A majority vote of rn the Grievance Board shall represent the official decision of the Grievance Board. O F-I o H r-IUpon completion of the grievance process and within ten w calendar days of the hearing's conclusion, a written report of the findings of fact and a decision of the n W Grievance Board will be prepared. A copy will be ✓ k. distributed to the grieving employee, the grieving rn o z employee's supervisor and Department Head/Elected N Official, and to the Weld County Personnel Department. o z The Grievance Board's decision is final, unless timely w appeal is made to the Board of County Commissioners as a indicated below. v1 co m 8. APPEALS. Any party who seeks to modify the decision of • [y 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 Weld County Personnel Director within ten 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 pages in length. The party opposing the modification may submit a memorandum brief, but must do so within five calendar days of receiving the notice of appeal. Any such memorandum brief shall not exceed five pages in length. ORD #118-K RE: ORDINANCE #118-K PAGE 7 9. REVIEW OF APPEAL. The Personnel Director shall then transmit the Grievance Board's decision, the notice of appeal, and any memorandum brief to the Board of County vCommissioners for review. The Board of County Commissioners may affirm the Grievance Board's decision, NO modify in whole or in part, or remand the matter to the o Grievance Board for further fact finding. A modification may only be made if, based upon the o W Grievance Board's findings of fact, the decision is o clearly wrong or is in excess of its jurisdiction, o a authority, purposes, or limitation, as defined by Weld Ix] County Ordinance No. 118, as amended, and the procedures outlined in the Weld County Administrative Manual. The Board of County Commissioner may review the entire m z hearing record upon a majority vote of the Board of `- County Commissioners. rn o a Regardless of the above-stated grievance procedures, all employees N are considered to be at-will employees and these procedures are not mu intended to create, nor are they to be considered to constitute, a in z contract between Weld County and any one or all of its employees. O H E Delete the Subparagraph entitled "PERSONAL LEAVE DAYS" under Section VI r-I � and found on page 26 of the Weld County Personnel Policy Handbook, and add N the following: N rn PERSONAL LEAVE DAYS - Personal leave is a privilege granted to M 2 regular employees. Employees in their initial review period are not N 'C eligible. Each year, with supervisory approval, a regular employee u a may convert two days of sick leave into two personal leave days. w Personal leave days may not be carried over from year to year. The aG method of scheduling and the timing of personal leave days is at the N in discretion of the Elected Official or Department Head. Because of MCO the payroll system, personal leave days must be used by December 15 .1 H of the same year during which they are granted. aaw Delete the last full paragraph in the Subsection entitled "REPORTING OF INJURIES" under Section VIII and found on pages 31 and 32 of the Weld County Personnel Policy Handbook, and add the following: 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 Personnel Department informed of his condition. Injured employees who can perform less demanding job duties may be assigned other duties, if available, by the Department Head/Elected Official after consultation with the Personnel Department. ORD #118-K RE: ORDINANCE #118-K PAGE 8 m O o U During any Worker's Compensation leave, a full time employee does not accumulate sick or vacation leave. While an employee is on `o Worker's Compensation leave, with the exception of the first twenty- ° four hours, the employee may not use sick leave or vacation time. a co co og o a Delete all of the Subsection entitled "SEMINARS AND CONFERENCES" under d* W Section IX and found on page 33 of the Weld County Personnel Policy Handbook, and add the following: 0 U SEMINARS AND CONFERENCES - If an employee is requested by the County " s to attend a workshop, seminar, conference or other educational o x training program, the employee will be reimbursed for the entire cost which includes registration fees, lodging, meals, and `n transportation. Claims for reimbursement should be made in rn U � z accordance with policies outlined in the Accounting Section of the o H Administrative Manual. Compensatory time while attending or t-iW traveling to a workshop, seminar, conference, or other educational a 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 r• w a sharing of the cost of the seminar or conference if agreeable to o 2 both the employee and Department Head/Elected Official. m z N /li a Ug Delete all of the Subsection entitled "CONTAGIOUS DISEASES" under Section VIII and found on page 32 of the Weld County Personnel Policy Handbook, vri m and add the following: on d' COMMUNICABLE DISEASE POLICY w Weld 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 Weld County employee group. 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 mother to neonate. It cannot be ORD #118-K RE: ORDINANCE #118-K PAGE 9 en O transmitted by sneezing, coughing, using the same utensils and o U equipment, or by merely being close to an infected person. The nonsexual person-to-person contact that occurs among co-workers and cri the public in the workplace does not pose a risk for transmission of q HIV. o 3 It is the intent of Weld County to employ universal precautions for o a exposures, meaning that all human blood and certain human body 6' w fluids are considered potentially infectious. All departments must a report any possible exposure to the Personnel Department using the v procedures outlined elsewhere for Workers Compensation reporting. a In addition, telephone the Personnel Department on possible exposures immediately so instructions can be given on medical rn ° procedures to follow. o CV I-4 U Provisions for Rights to Privacy and Confidentiality. rn All medical information gained by the County about the health status o H of an employee, including the identity of an employee affected by a communicable disease, shall be confidential. Medical information rq a obtained by the Public Health Officer shall be used according to Public Health Statutes. r-- r-- r-- Employee Refusals to Work with Affected Co-workers or the Public. Z Weld County is committed to providing a safe work environment for all employees. Every precaution will be taken to see that the health and safety of employees are not threatened by medical w conditions of co-workers or the public. vriorm In cases involving a communicable disease, determination of safety en icr in the workplace will be made based on reasonable medical judgements given the state of medical knowledge about the transmissibility and PQ severity of the disease. Guidance from the Public Health Officer will be taken into account. If a determination is made by Weld County, after consultation with the Public Health Officer, that a medical condition poses little or no threat to health and safety in 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. Communicable Diseases Which Are Readily Transmissible in the Workplace. 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 droplet (for example: active TB, 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. RE: ORDINANCE #118-K PAGE 10 A. Employee Responsibilities m0 ,y U An employee with a serious, easily transmissible disease such as active TB has the responsibility to remove o O him/herself from the workplace until the infectiousness of the disease has passed or is controlled by medication. (See the medical leave section in the o w Personnel Policies Handbook. ) If the chance exists that co-workers or members of the public have been exposed to o the infection in the workplace, the employee has the 429- w qx responsibility to let his/her supervisor or Department O Head or Elected Official know about the situation. U m a B. Supervisor Responsibilities b Supervisors should keep the identity of an affected employee confidential. The supervisor shall report o information about the exposure to his/her Department a Head or Elected Official. mU v\i Z C. Department Head and Elected Official Responsibilities H A Department Head or Elected Official who is told of the presence of an affected employee in his/her department a should not reveal the identity of an affected employee N to any County employee or other individual. The N W Department Head or Elected Official may tell the Public m Health Officer so appropriate contact follow-up can be m z started. N Communicable Diseases Not Readily Transmissible in the Workplace. u W Serious or life-threatening illnesses that are caused by bloodborne a or sexually transmitted infectious agents are not readily co transmissible through interaction in the workplace. These r conditions, including AIDS, are transmitted by blood contamination ti from the bloodstream of one person to the bloodstream of another and W G, by intimate sexual contact. A. Employee Responsibilities Employees infected with bloodborne 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 from the workplace or tell their supervisor about their condition. B. 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. RE: ORDINANCE 1118-K PAGE 11 C. Department Heads and Elected Officials Responsibilities en o Department Heads or Elected Officials who find out about of such a condition by voluntary disclosure, disclosure ri o from a supervisor, or suspect the presence of such a -i U condition shall not reveal the identity or presence of an affected employee, even anonymously, to any Weld o w County employee or other individual, except: O 3 CD a 1. Department Heads and Elected Officials may 'A w contact the Public Health Officer to gather o information about specific concerns or U educational needs in their departments and information on support services or referrals. v The Department Head or Elected Official will not a reveal the identity of the employee to the Public o a Health Officer. o 2. Department Heads and Elected Officials may consult the Personnel Department, only with the o H consent of the affected employee, to gather H E+ information about personnel decisions. The r' w Department Head or Elected Official will not reveal the identity of the affected employee to r the Personnel Department unless the employee r w specifically consents to such identification. rn o Z CO Z N 4 Disabling Effects of a Communicable Disease. o When a communicable disease affects the health of an employee to the U Za' point where his/her job performance suffers, personnel decisions will be made on the same basis as they would when other serious o health problems (for example, cancer) come to the attention of the in m supervisor, Department Head, or Elected Official. mr4 r Aa W Exposure from Patients or the Public. Weld 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 bloodborne pathogens. Weld County has chosen to set up guidelines that conform to the OSHA guidelines. The following departments must have comprehensive plans specific to their departments on file in the Personnel Department: the Health Department, the Ambulance Department, the Sheriff's Department, and the Coroner. These plans should include the following: Exposure Determination • list of all job classifications in which all or some of the employees have occupational exposure • list of all tasks and procedures in which occupational exposure occurs and that are performed by employees RE: ORDINANCE #118-K PAGE 12 Plan Documentation • engineering and workplace controls en U • appropriate personal protective gear, including its use, accessibility, and N 0 maintenance • procedures for a clean and sanitary worksite including decontamination of a o 3 equipment, handling of regulated waste, and handling of contaminated laundry o °4 • procedure for providing hepatitis B o vaccination p • procedure for post-exposure evaluation and follow-up including Workers Compensation e a reporting and employee testing • procedure for recordkeeping o • procedures for training new and current employees including recordkeeping, trainer N ,j qualifications, and content c` U • signs and labels to communicate hazards Ln z WPlans should be updated at least annually and whenever necessary to E reflect new or modified tasks with occupational exposure. ri r-- r-- t-- w Delete the first full sentence of the Subsection entitled "TUITION • z ASSISTANCE" under Section IX and found on page 33 of the Weld County Personnel Policy Handbook, and add the following: C4 Weld County will reimburse an employee for some tuition expenses for i— o job related courses that have been approved in advance. There is a M c limit to the amount you can be reimbursed each quarter or semester. ^o " Contact Personnel for the current limit. mw Delete the first full sentence of the sixth paragraph of the Subsection entitled "MANDATORY PAYROLL DEDUCTIONS" under Section XIII and found on page 48 of the Weld County Personnel Policy Handbook, and add the following: B. County Retirement. All full time employees, except those on P.E.R.A. must belong to the County Retirement Plan. Delete the last full sentence of the last paragraph of the Subsection entitled "PROCEDURE TO CORRECT PAYROLL ERRORS" under Section XIII and found on page 48 of the Weld County Personnel Policy Handbook. RE: ORDINANCE #118-K PAGE 13 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. M o ' The above and foregoing Ordinance No. 118-K was, on motion duly made and on O seconded, adopted by the following vote on the 19th day of October, A.D. , 1992. � U Q uG12 BOARD OF COUNTY COMMISSIONERS 0ATTEST: hyddi /IT WELD COUNTY, COLORADO o oS Weld County Clerk to the Board yr W Gee Ke nedy, Cha rman o / BY: %� Seij� M a Deputy Clerk t the Board Constance L. Harbert Pro-Tem o APPROVED AS TO FORM: %' - C. W. Il.irb N a I zCounty Attorney Gord y HH EA W. H. Webs er r ✓ W r FIRST READING: September 21, 1992 o Z PUBLISHED: September 24, 1992, in the Windsor Beacon N O SECOND READING: October 5, 1992 a PUBLISHED: October 8, 1992, in the Windsor Beacon (-- -1 FINAL READING: October 19, 1992 M cr PUBLISHED: October 22, 1992, in the Windsor Beacon T-Iti M w EFFECTIVE DATE: October 27, 1992 The Department Head ef stein * M granted at Elected[Midst egad glee* Sent of the deelpiWd *Pe Newer le to perm(apleyee,he/she will not be sages wan tie eslseder WplbIe ter beck pay for the days of the presentation of the period of the extension deuld grievance. beck pay be awarded. Malacca la The Stept5. 4. PROCEDURE AND Ocroesas Pe __leei epupyo EVIDENCE.The hearing Mae kweit,ihe Orlsiuloe Eeard. Me grtavtsg pa",phi•one FILING OF A FORMAL be conducted informally and D recreant**the a leelq WAITTEN GRIEVANCE.If the shall not be subject to edict Department Heed.N Belied employee disagrees with the judicial or technical rules ofOIIIdep,PO MO ci m in the ' Department Head or Elected procedure.A wide latitudea -reproof* e et the OtW's answer,the employee manner of presenting the Personnel Deportraeat, the N. The ONapenae Beard DeDINSISIUSLUES may file a formal written respective positions should be recorder,and any wtiMeess, Me nee*abs Sr thall plewlce with the Weld County afforded the parties. The jtpO, p the ant pro-hearing. asi he IN THE MATTER OF Personnel Department within grievance hearing pursuant to only rsona allowed to be or talk with the Elected� �e AMENDING ORDINANCE NO. ten calendar days of receiving these rules shall not he a eaent grievance hearings. or Department Head or any 118-J,THE WELD COUNTY the Department Head or Elected hearing under the Adninitee PERSONNEL POLICY Official's written r rn'rl-tar accompanist snap us o about the fact c the esporwl art which may Act or an at to the repNed t be she hea cap and the**about the feats, the HANDBOOK careen grievancepla must clearly which be subject Ar to the The pl. egomeyreprese or any the hearing by an ease.D hearing shall t arryi prior state the employee's in side d the rules of the American ArDarsthi employee Grimier eta choice.o or other yow d todl the ih t be limited to BE IT ORDAINED BY THE case and must include the Society. PreasAamaNer/eMwer hl' The attorney who discussions with the Personnel BOARD OF COUNTY following: Specifically what - represents the grieving Director as to procedural COMMISSIONERS OF WELD decisions or actions the A.Each party shall,prior*or deep II. APPEAL TO employe*shell be paid by the matters and the method of COUNTY,COLORADO THAT employee Is grieving, what during the hearing,be enteed to IMMEDIATE SUPERVISOR.All employee.In no event shall conduM the hearing. ORDINANCE NO. 118-J IS remedy the employe*leased* submit memoranda concerning grievances must first be Weld County ublpatae to pay °g AMENDED BY THE In the grievance,the specific any matters being considered by pfesented to the employee's the employee's attorney fees or S. BURDEN OF PROOF.The FOLLOWING ORDINANCE fads as they are known to the the Grievance Board. Such Mont ate supervisor Si five any cods aeaoelafed with the grieving employee PI have the Wenderemployee,any documentation to memoranda shall become a part Wender days ofthe Incident grievance. The responding burden of going forward to WHEREAS, the Board of substantiate the facts, any dirt hearing record. which Is the subject matter d Department Head or Elected-establish a prima Mae ease County Commissioners of the summary of the anar(s)of the Mgriwance. ne Official,or other supervisor, regarding his/her grievance. County of Weld, State of supervisor and Department B.The Grievance Board may -shell be entitled to hevs.en •Prima fade'mans sufflaMnt Colorado,pursuant to Colorado Head or Elected Official. exclude unduly repetitious Step p2. IMMEDIATE attorney repMentkp hkNMr N evidence }p prevail undt SUPERVISOR statute and the Weld County evidence. RESPONSE TO the hearing. overcame Home Rue Charter,Is vested Step a6.RECONCILIATION. APPEAL. The Immediate by other evidence. supervisor willThe Department have a the with the authority of The Weld County t Personnel C.The Grievance Board shall give the GRIEVANCE COMPOSITION OF burden Official shall then hays.Me administering the affairs of Weld Director may attempt to conduct a de novo hearing of a elm**a^aneeer*In the BOARD. The burden oi.persuading, the . Count.,Colorado,and monde the differences. the grievance. days of the Oriwana Board Map caned of Grievance Board of hls/her preaMNbn of the grievance three members edioibne: position by p'Prepo raa•n of WHEREAS, the Board of Step e7.SCHEDULING THE D. Both parties may mall the ill eer*'Pre derance County Commissioners has the GRIEVANCE HEARING. If witnesses to testify on their Stop #3. APPEAL TO A. One County employee..d,the 14eence'.N defined as power and authority,under the reconciliation is undertaken by behalf and present avid*** DEPARTMENT,chosen by the greving".,Ihet.evidence which M most Weld County Home Rule the Weld County Personnel which Is relevant The grieving HEAD/ELECTED Etfut D/ELECTED OFFICIAL If employee,but lot from hither contEg 9ng nth sallefffing Charter and the Colorado Director and t is not tut:asstd.has employee's personnel file shell see employee as not satisfied office or department. Bath. oawgvery fed. tl rtyties County Home Rule Powers Act, the Personnel r r the dceyy become a pram of supervisory anewr to Couny employee party a be *lees of whloh ally my Article 36 of Title 30.CRS,and fifteen calendar days from the hearing record. Ma grievance,the employee called Dy either party as a have produced sups evidence. Fisy,withiIn specific,under Section 3636- receipt d the written grievance receiving re supervisor's d witness. Odpado CMI J 201(7), CRS, to adopt by to set a grievance hearing date E.In the event an employee Y the wservie*r's. • Seotce 3:7 Jury Inetriwpere Ordinance Personnel Policy and to notify the employee and represented by an attorney, airsaer,celled the aupeMsove,B. One County employee , NI- rules and regulations for the Department Head or Elected notice of such representation a eaer to the Department/heed. chosen by the Elected 8.RECO4O OF HEARING.A County of Weld, State of Official of the hearing date must be submitted to the et Elected-Official. Such an OffldairDepertrrent Heed but record d the hearing shell be Colorado,and Personnel Office at least fie appeal must be presented In not from.his/her office of kept Delete all of the Subsection calendar days prior to the writing.The writing shall state department. Either an electronic reacnllet WHEREAS, on January 22, entitled 'GW FVANCF hearing so that the County the nature of grievance and, • We �' 1881, the Board of County HFARINn3'under Section IV Attorney or his/her designee awed"the employer podlbit. C.Athe used • court reporter Commissioners repealed and and found on Pages 14,15,18, may be prepared to repmeent argpr wet labor'relations eulYtl elal.ectronic or in recording d un t the Timelines"nl Annal•In all'b legal oardgreNrd aunty rp s** i unit.The reenacted 118-C, 1Or8-C,118-E,81,g, 8-F, f e,and el8 of the Weld County the Department Head a cannotted y. the Board of County code ass Pally did pae'using for e 1A1 'G. 1 71&and twoversions ri ae add th Poowi HentlDook, Oticrdl.H the a ney oNthe semi mlNe o wbmp n treed Co rsnal dpyq CN the cowl'eewer. Wei ge 11&G, 11B-H two gWeld and sad the following: afford an attorney,ay the apple the Department Heed This person shat eves va the cowl i•pMer. of 118-I, by adopting Weld Grievance Board may,at is a sndar daysOffi of within twenty Chairperson of the Grievance County Ordinance No. 118-J, ORIEVAI E HFARIh -The discretion,allows person ale Y �^dar of the Incident Board. 'T. DECISION- OF' THE and Weld County Grievance Hearing not an attorney to represent the wIIIM a the subject mater of GRIEVANCE BOARD. The Procedures are*follows: employee. tie grievance shall cow route a 3. POSTPONEMENTS AND Grievance Board shell.either WHEREAS, Board of start grievance and warder of EXTENSIONS.Postponements pars or deny all,or sty portion WHEREAS, the ows of the 1.PRESENCE AT HEARING. F.Any*tor*who replants grievance rights teethe Molded of hearings and extensions of of,the employee's grievance. County of Weld, State of Praaanme d ar*lova&wt . a grieving employee cited be time of hearings may be The formulate Grievance Board will not Colorado, hereby finds and Under no circumstances shall a paid by the employee.to no s Olnnf lv to jedthe requested by either parry or by procedeb any polbfes or et dmfernines that there Y a need hearing be conducted without event shall Weld County,theatil 11tEA1 in tt,t HaelFbg(gg hINMr designated pollee and but^W Interpret to amend portions of Weld the personal presence of the Board of County Conde leper the In them Mmcee When However,the papNa and eswfedh County Ordinance No. 118-J, employee who is requesting the of Weld County. any the discipline is being granting of such postponements in this*id County Personnel the Weld County Personnel hearing.However,an employee Department Head/Elected aMtnlstered directly by the or extensions shah be made Polley Handbook,Weld Courtly Policy Handbook,and diet this who falls to appear at such Official,or other employ*be Department Head or Elected o*upon the showing d good Ordinance No. 71 B, as Ordinance is id*the ten*d her wit hout good data n obligated to pale the POOPmil'IP rya grievance own and is tithe discretion of amended.The Gilman*Board the hart,safely,and*hpel deimYlted by to WeldCounty,,jnpioyeee thorny teeeliPri re begins st Sisp t3• the Personnel Director. shall not echelon any binding the people-0f 1P Count?of'tridienoe liph'rd, itt Wbe Pats toed 4 by the*Wyse Postponement*or extensions remedy, but may suggest Weld. deaNed le have wand liMbet lit the course of to MAkteivveMn* Op N. DE►AAT'MEMT NI net weed tee wteee, rasa * 4 HUD/ELECTED OFFICIAU _ red pDawns* NOW, THEREFORE, BE IT rigMslo ahwYrp PPS"POMP Milerirnesaa,eiS 55aasa dlery E~ e fEEFOWEE 7D THE AIMML. ntyNy Mr N wyawirw ORDAINED by the Board of 4 Any Weld CON*Wairre- Couny Commissioners at Weld Ile le akTeelid be stthef petty County,Colorado.that Weed be testify al the Merl County Ordinance No.118-J be, r$'the the request. and hereby is,amended as to appear end testif follows: mimed will eu►leat aced__le dYstd l cry aetet. Delete all of the Subsection entitled aGRIFVANCF pROCFI)URFR'under Section IV and found on pages 13 and 14 of the Weld County Personnel Polley Handbook, ends.. e• aloyee deeeisionel on ce.� •'' -vses w Them S le act the Bees. employee le en Worker. traneraelbey.see el Compensation leave,with the the disease.Guidaice�fmmm rye Upon completion of the exception of the first twentyfour Public Health Officer will be grievance process and within hours,the employee may not taken into account. If • ten calendar days of the use sick leave or vacation time. dd•rnynatIon is made by Weld hearing's conclusion,a written County,after consultation with report of the findings of fact and Delete all of the Subsection the Public Health Officer,that• a decision of the Grievance entitled 'SEMINARS ♦NO medical condition pow little or Board will be prepared.A copy CONFERENCES*under Section no threat to heath and safety in wit be distributed to the grieving IX and found on page 33 d the the workplace setting, the employee, the grieving Weld County Personnel Policy County is not obligated to make employee's supervisor and Handbook, and add the any special accommodations for Department Head/Elected following: an employee who refuses to OSicial,and to the Weld County work with an affected co-worker Personnel Department. CFMINARS ANC or the public.Employees who r.nNFFRFNCEB - if sn refuse to work with an affected The Grievance Board's decision employee is requested by the co-worker or the public nay be is final,unless tkaly appeal is County to attend a workshop: disciplined up to and including made to the Board of County seminar,conference or other termination. Commissioners as indicated educational training program, below• the employee will be reimbursed Communicable flatus MNgp for the entire cost which Are Ratan Transmittable in the S.APPEALS.Any party who includes registration fees, Wnrolme seeks to modify the decagon of lodging, meals, and The Incidence of serious or life the Grievance Board may transportation. Claims for threatening illnesses that are appeal the muter to the Board rembosernent should be made readily transmissible during of County Commissioners.To in accordance with policies interaction in the workplace is do so, the party must file a outlined in the Accounting low. However, because the written notice of appeal with the Section of the Administrative presence of a serious disease Weld County Personnel Director Manual.Compensatory time that le transmitted by airborne within ten calendar days of while attending or traveling to a droplet(for example:active TB, receiving the Grievance Board's workshop,seminar,conference, measles)can pose a threat to decision.The notice of appeal or other educational training the health and safety of must specifically state whet part program will be paid according employees or the public,the of the decision the party seeks to Federal regulations.In the following responsibllltea apply to have modified and the event a department has to affected employees,their reasons therefore.The notice Insufficient budgeted dollars for supervisors,and Department shall not exceed five pages In certain seminars or Heads and Elected Officials. length.The patty opposing the conferences,the employee end modification may submit a department may negotiate a A. Employee Responsibilities memorandum brief,but must do sharing of the cost of the An employee with•serious, so within five calendar days of seminar or conference if easily transmissible disease receiving the notice of appeal. agreeable to both the employee such as active TB has the Any such memorandum brief and Department Head/Elected responsibility to remove shall NI not exceed five.pages in Official.., him/herself from the worltplace' until the infectiousness of the Delete all of the Subsection dl has passed or is g.REVIEW OF APPEAL.The entitled 'CONTAGIOUS controlled by medication.(See Personnel Director shall then lot F� ARES'under Section VIII the maw leave section h the transmit the Grievance Board's and found on page 32 of the Personnel Policies Handbook.) decision,the notice of appeal, Weld County Personal Policy If the chance exists that co- and any memorandum brit to Handbook, and add the workers or members of the the Board of County following: pubto have been exposed a the Commissioners for review.The infection in the workplace,the Board is County Commissioners COMMUNICARI F nlgFaCF employee has the sib may affirm the Grievance POLICY responsibility Board's decision, modify in to let his/her supervisor or Department ou or Elected whole or in part, County official know about or remand the Weld strives to be In matter to the Grievance Board compliance with all Equal oaboutt the situation, for further fact finding. A Opportunity laws, including B.SupervSor Responsibilities modication may only be made those Involving persons with Supervisors should keep the if,based upon the Grievance disabilities. Acquired Identity of an affected employee Board's findings of fact,the Immunodeficiency Syndrome confidential.The supervisor decision is dearly wrong or lea (AIDS)and other AIDS virus- shall report information about excess of its Jurisdiction, related conditions n disabilities the exposure to his/her authority,ounces',or Imitation, protected by Federal law.Any Department Head or Elected as defined by Weld County employee or prospective Official. Ordinance No. 11$, as employee with AIDS or human amended,end the procedures immunodeficiency virus(HIV) C. Department Head and outlined in the.Weld County shall have every protection Elected Official Reppnsiblicea Administrative Manual. The made available to disabled A Department Head or Elected Board of County Commissioner persons,including.reasonable Official who is told of the may review the entire hearing accommodation.This document presence of an-enacted re - a!Nm_� „[lees yea recommend Hahne employee.in higher dslxmbnent t lien allude!'scresnyg lM'mot.Masl/,.lad resat In tda4Gy d -Welt 6layf englanee row an meow efspeyee to any County employee or other individual. Ti.. Department Head er Ewes OEidel nay tell the Public Health Officer so eppropete ems follopup ban be staled. • e....�r. Th kSd The Nolitonee of serious w We Pup Cede eg a Orate M towingwe rod* • *glowing sod workplace traamianpe during in in controls appropriate personal the workplace is low.However. protective pew,including a use. because the prow*of a serious soceritaly,and news awe pi is transmitted by •praid red for s dataN was Ti.Sons goat i wangle:ache of.lure Ndulkg de*rdrrMsllm T awls) s pose a Sweat Si d equipment handing of wit* the tae feed.Maryal following waste,and laMvg al mandnned Cawing w!'tNrs C.apesaen or the pub*. the following laundry lla,e Y ails `a'P', lease apply to affected •procedure for amid*hells S a,•WI eft w*Wm deei mss. De arses,VW supervisors.and • m WISe an lam dean+Weds and Elected • procedure for pat-elpsurg enlon e Wrkthe dltltle. evaluation and follow-up spec tg Cmpsneatien leave, with the Workers C* meadow M s.lie o the first sonatas A Erna*employee .wilt .saibans and enslaves Ong Awn.M employee may net use M employee win a serious,easy •procedure*reardiselfwl sWu4ww or ocean gene. nd lb batt cam e mes such es procedures•proceds for alining ne to roman w w ng Odes a d M Subsea*sagSawnfrrom W,workplace untilmire ores roconikeepio inns , '/++dams MID r/MlFFRPHf:FA• Si.Infectiousness of the disease *deem* man Sidon IX and boa on peke has passed or is controlled by •signs and Isbell,to cowman** tt if M Weld County Personnel sdwlon.(Sos we instil lease hoards PNMy Handbook,and Add the section in the Personnel Policies fig: Handbook)tl the dame obis that Plans should be updated a Mat raaeMBAND UMlFFRAa:PA. covwdM a maims of to public annual,and genera nweasgp If w aspleyee is wean by M into sarkpo to swaps has hen WI owed to to infeclim reflect o**swum. or modified tasks Sib &www/to attend a workshop: the responsibility to let hismer .swear. Conference of other agerdsa or Deseret Heed or Dente the ant hat oeranee al am Seal Wining pogrom,the Elected Official know about the Subsection entitled wpm olio*all be SYnMed for the dtsdon. S$gigTw odor Wk.*al entire coat which 'Includes found on page St of the Weld rah raa..fees,ledgNSpase,ad W Oupaagw Wy*eluta Cooly Personnel Pony He+alk*+.+Mona,. Claims for Worries should hop*unit ad add befoawttp: nt8Waura should be node a din dfsdd welcyss sadde* saw eithpmdse°Wood in The supervisor shall report Weld County will reimburse an M*assuming Section of M Yarraan about the epoeure to .npayee for some site,was AWitistratIve Manual, Holmao,n. Hod or Bid Corwartokary lime ed Hded for job related courses that We vale aserdirs Pk*r sob•Wwlsbop, aun SithedNouna stale aribis es,or other educational C. reimbursed NM rs the amount you er aararg pogam will be paid Carla a Head and Elected .ash Won* sr e eido a Federal wisdom N A DepartmentRem Headlies utrreeler.t Prtwnel w M M event a d m*M sl or Elected temnulluelt eted dollars he an affwo*MSSloyee* I otelprntall Ocendedw,for dsoweHWhod N Aiema Delete the Ike o anted of Oa seta canard aaatment M Wows of a should not walla sixth SONG T the SuAWin egWgH•and seethe osl may i any County ty employe or other sailedomit under ow l roarsr or shaky al t rM din er pWI *rotor 'p sow to be a tares o sit doterd.The ws WI the Had or Col Muff on psi r al the Well - WI the employee and doted fshr may op Puce and d ad paired Paley lyuaeati O*weidrd MealBttW Oliald. blown* opener mnWd tofeesMfolaatp:. �C�WSW e�lrigs oiw-gin Siaaam Wad felawwo Can be wad. mow. ean0 taPAApr under ripmrmWrabie darn SW employees, those on Mme tiV] Iloilo pap fg ii flaAdlp inkla fee In ipe PE. lrsd Csur*Issiormsl Paley Was d • ttie dlarletk ardadaltablraina Sales as We1M.ssg Snow .thas.SM ow*W Walla or Del*the kw Y l,erawwest aISs�AF *Sale ais t e Vasesalett`yb.e irate rrifledM~ eggli st...4 Heed/Elected Offds,and to the trough krwton in the wakpla ^ORRFCT PAYROI L FRRORR• Weld Cant'Persons Depae"t Weld County strives to be in These conditions.including NC der Section XIII and found on compliance with all Equal are transmitted by blo. apt 45 of the Wen County The Grievance Boras deo a Opportunity laws.including thew cwrrwiaan tom tie blooding'1Mrwrvwl Poen alto* Inl,whet imrly pool i.web Involving aeon with dallies. of we person*the bloodstream* the lend of Carp ComeasRRs Acquired Immunodeficiency soother and by Intimate sexual E IT FURTHER ORDAINED by the os kdd.dbalw. Syndrome(AIDS)and other AIDS aria bard that this Ordinance shall virus-related conditions at. Income effective lie days altar its 5.APPEALS.My party veto vas c asttfes protected y Fedwl law. A.abyss Rsapmltiiw Ind public node.as provided by to modify the decision of the My employee or prospective Enployeu acted with Hoodtome Election 314(2)d M Weld Crony SNwalle Bard may appeal In employee with AIDS or human or gamely transmitted infectlota Han.Rd.Chole mar to the Board of County Invnrideidancy as(HIV)Ml eats such u HIV do not page• Callvlb o nw.To do so,tie pry have every protection mode treat to the heath aid safety of The above and lama Ordinate malt•written note of spa available to disabled persons. employees in the workplace. No. 118-K was.on motion duly with the Weld County Personnel including reasonable Therefore.they we not required to mode rd sapnded,adop as by the (Sector withn ten Sonde dad accommodation.This document remove themselves from the Sowing vote on the all day of receiving the Griever.*Boles does not recommend Buis HIV workplace or tell thole saga Cabs,A.D.,lift deetaa The note of aped m M antibody swooning for my Weld lad the condign. spaclesy state what ped d die County aployu Sap the Window Season decision the party seeks to hen B.&peMea Responailia t)Santa PiNL w alled rd tie aeons twebe. Persons et increased rink to Spav aa.she Ind out ate eels The notice shill not eswad five contracting HIV.the virus dst •co den by votary declare pegs In lens The law copal* see AIDS,Include homosexual a suspect dr presence al salsa the modification may submits and bar awn,intravenous(IV) coma shill not revel M nay nanmati bin,but at do so drug abusers,persons receiving or presence of an ace* eta M cannier days of read* contaminated blood or blood employee. to nonce of apps.Any such produm,hsouvul ca ds al tnanwradm brief ehdl rot excised persons with HIV Infection,and C.Deportment Heals ad SKIS lee pagan Iaa din,ban to an laced nadw. Olfitlls Repaalaw Deanna HIV is transmitted through sexual Heeds a Bad d Officials oho tit ►. REVIEW OF APPEAL. The contact,posnterd exposure to out about of such•condition r Personnel Director shell then infaied blood or blood produces, votary assure,ddosue disk transmit the Grievance Board's and pednell transmission from a supervisor, of sunpet the deWlan,the net,cl appeal,and mother to neonate.It cannot be presence of such•condition SW ry menwwndm Want*Both Ya enitled by stetting euytbq not meal M ate liana I al Carry ConmYlvws b WWI. using the same utensils and an effected enWoye, eve 1 The Board of County fylpra*or by many bag dose anonymously.to any Weld Cast Commiselwen may affirm the to an infected person. The arena or Santadd,ace Gdwaw Bores decision.modify nosed preovbltern cared n whole a in pmt,a read the that occurs wrung aware And 1.Degauss Heads and Beal raw to to Grievance Bond be the pubic n to workplace as not Officials may contact the Pubis hatter foci finding.A modifiedm pose•rM for transl ate of HIV. Heath Caw to gather Item m map only be made if,bowed an about specific concerns m the Grievance Board's finding.of His the intent of Weld County to educational needs In their kaA to ddlon Is dearly warp or employ universe precautions for deportment.and information en Is in excess of Its jurisdiction. exposures,mowing the l hoar support services or dedn.The N Ymiy,ppaes,a anion,u blood Ind certain harem boy Sit Dalsalai Head or Bard pill detwd by Weld County Ordrw a considered parlay MNda will not reveal the Identity of M No. 118, as amended.and the All departments oust report any employee to the Public Heats procedures outlined in the Weld possible exposers to the Pasaetel Officer. Canty AdniNNSN.Menial The Deportment using the procedures Bond of Cady Commissioner may outlined elsewhere for Workers 2.Deparlrnt Has and Elected review the entire hearing record Canpsalrt repwhy In Wotan. Oadal.may caged the Personnel upon a maj t vote al tie Booed of yep aw the Para Parent Dpat ad,oily with toe conawtef Cary Comlwiors. on possible exposure.imeddely the offated employee,to getter so instructions can be given on information about personnel Regardless of the above-dated modest protease*b blow. Scans.The Daparbra Head or grimace procedure..I enplyees Elected Official will not reveal M we considered to In el-will Protein for Rahn to Prince g deny of the dread employee to employees aid Mese procedure. SING. the Personnel Deportment unlit. WO not intended to ante,nor we AN meal Norman pined by the the enplgw apdacly cons a they to b.considered to carat,• Cathy stouter has.,seas of an to such idrdlosicn. cowad beam Weld Curry end employee.including the identy of any one at l al Its mpdoyeew an employee affected by • EinfidIELLEIGISILLGOMOMicelit commincable disease,shell be That Delete the Subparagraph and confidential.Medical information When•communicable disease ?FRSONAL I PAVE DAYS'under obtained by der RRtc Haiti Officer aids the hest of at enplyee l Section VI and farad on page al of shall be used according to Public the point where his/her jab On Weld County Personnel Poly Health gnue performance suffers,personnel Hudsook and add the Mean': decisions we be made an as n cow pnblovw Refusal.to Work wit basis as they would when other PFRBONAL !PAVE DAVI - Myer(Cana.wthe Rat serious health problems W Personal blue it•priveege cant* Weld County is committed to example, cancer) come to the to raw employees.Enplyw.in providing•safe work enaronrd attention of the supervlsar, their initial review period we net WS employees.Every preerdon Department Head, or Elected saglle.Each yew with apelry Cram tam b ia two die Math OBdal. approval.•regular employes wry and safety of employees are not amend two days at Sea lawn into Ilredend by medial centime of pxoowre from Patients or S two pasond am days.Personal coworkers cede pubic. Weld County realizes thin owlet days nay not be mad stir from yen to year.The method of M cases kwol*vg•commdctle employees.a•result of their rib, scheduling and the timing of disease,determination of safety In we SHIM concerning amours to personal leave days Is et the the wagon ail be made based M tan immrtedebefay vine discretion of do Elected Oft*or on reasonable medical judgern s (HIV),heaiis B vice(HEW).cod Depwhnent Head.Because of the given the of medical tow bloater*pathogens.VMN prof syatenl panel leave days knead*ad the trannds.igay County hot chosen to tat ep must be used by December lS of and ity of the disease. pideWee that conform to to DIM the sacs year trig which they a Guidance from the Public Health *idelr& gated. Car win be*en into account If• determination is made by Weld The following departments most Diets M Iset A•peach M M County,after consultedon with the ha comprehensive Ins paste S ubsection entitled10 their departments on fie in lbe QE sot IES•under Section VIII cvonon pews fee w nootred to Peraomel Department:er Hat and bud on pans at ad Stof M health and safety M the worWsce Department, the Ambulwwe Weld County Personnel Policy Wing,the County is not otllgnd Department, the Shoes Handbook,and eddM NAoairq: to make any special modatons for can enemployeep w she nt,and the Cora.Thao accommodations include to loeans C*oprada servir Si not be rid ate refuses to work with an ailed unless medial teMrl is made by coworker or the public.Employes Exposure Dewtlaton the @Vending phyddan.Before sty who r lose to work with an acted •Ns of el job dermcetae in were injud employee is Wowed ten emn co-worker or the public may be I or some of to employees la to wan,a written Mown is raked disciplined up to and includingaedplotl airman from tie attending 4orb stains lry M termination. •on. 'li t and exposed"Oa eposy In of WI tasks . the employee toil In able to sums oeplon that are performed by ma full working andresponsibilities end a that duties.The injured employee t rves keep the Depanmem Head/Betted Official and the Pereenel Department informed of his condition.Injured employees alto cam perform less demenahp job duties my be aligned car Silos if available.by the Dopwtment Head/Elected Official after consultation with the Personnel Dep•rant Regardless of the abometalet Person at Mpreased NW grievance procedures, all contracting HIV,the virus OM employer are avlddred to be causes AIDS, Include at-will employees and thew homosexual and bisexual man, procedure*se net MSC to Intravenous(IV)drug abusers, create, nor are they to be persons receiving contaminated. considered to constitute, a blood or blood products. CSIlm'--.h.rheeeee.Mot AFFIDAVIT•OF PUBLICATION contract between Wald County heterosexual contacts Si and any one or all of its persons with HIV infection,and j employes% children born to en Infected Serious or life-threatening STATE OF COLORADO mother. HIV is transmitted. illnesses that are caused by SS Delete the Subparagraph through sexual contact. bloodborne or sexually entitled'PERSONAL I FAVF parenteral exposure to infected tranertred Infectious agents are COUNTY OF WELD DAYa'under Section VI and blood or blood products,and not ready transmissible through found on page 28 of the Weld perinatal transmission from interaction in the workplace. County Personnel Policy mother to neonate.It cannot be Thew conditions, including I, KEITH HANSEN, of said County of Weld, being duly Handbook, and add the transmitted by sneezing, AIDS,are transmitted by blood I ant publisher of following: sworn,sa owing: coughing, using the same contamination from the thaty utensils and equipment,or by bloodstream al one person to PFRSONAL LFAVE DAYS - merely being close to an the bloodstream of another and WINDSOR BEACON Personal leave is a privilege infected person.The nonsexual by Skits sexual cola& granted to regular employees. person-to-person contact that Employees In their initial review occurs among co-workers and A.Employee Responsibilities period are not eligible.Each the pubic In the workplace doe* Employees infected with a weekly newspaper having a general circulation in said year,with aupewisory approval, not pose a rbk for transmission bloodborne or sexually County and State, published in the town of WINDSOR, •two caweof s into W HIV. such as transmitted infectious agents in said County and State; and that the notice, of which such HIV do not pose a personal leave days.Personal It loth*Went of Weld County to threat to the Math and safety of the annexed is a true copy, has been published in said leave days may not be carried employ muniversal precautions for employees; In the workplace. weekly for successive weeks, that the notice over from year to year.The exposures,.meaning that all nerefa*ihoy are not method "method of scheduling and the human blood and aortae human to remove Demaeive*from the was published in the regular and entire issue of every timing of personal leave days is body fluids are considered *ukase or Wither supervisor 'at the discretion of the Elected potentially infectious. All abwt the wmnwn, number of the paper during the period and time of Official or Department Head, departments must report any publication, and in the newspaper proper and not in a Because of the mina ystem, possible exposure to the B.Supervisor ReepwaNRw personal leave days must be Personnel Departed using the. Supervisors who find out about supplement, and that the first p'V' ation of said notice used by December 16 of the procedures outlined elsewhere such a condition by voluntary was in said paper bearing the date of the rc P Pe genre year during which for Workers Compelssitee disclosure or asuspect the a u granted. repthe Persg.onnel In eltion.telephone n ..shprepare e who•condition the Personnel Department on sided not reveal the identity or 4% --•day of '. 0��+�ix,F2e;✓ , AD., 194,- and Debts the lag ful paragraph in .potable exposures imredleny presence of an affected the subsection entitled so in•huwone can be given on employee. the last publication blaring the date of the TapoRTINO OF JNJtIRIFt rnediulprocedreetofelbw, ^ . under Section VIII and found on C. Department Heads and 7 7 rv8` R I:J- ��f' , A.D., 19 417--and Pages 31 and 32 of the Weld PraWstaru m i a w,r.,a P,r.a, E%ced OrdW Rapctahlllles day of County Personnel Policy snalialkhojims. Department Heads or Elected that the said WINDSOR BEACON has been published Handbook, and add the Al medical Information gained Officials who find out about of following: continuously and uninterruptedly for the period of 5 by the County about the heath such a:undlttop by voluntary status of an employee,lndMang disclosure,disclosure from a consecutive weeks,in said County and State, prior to the Chiropractic seems will not be the identity of an employee. *operator, or suspect the date of first publication of said notice, and the same is a paid unless medical referral le affected by.a communicable. presence of such a condition made by the attending disease,shall he confidential. shall not reveal the Identity or newspaper within the meaning of an Act to regulate physician.Before any Injured Medical information obtained by presence of •n affected employee S stowed to return to the Public Health Officer Mal employee,even anonymously, printing of legal notices an advertisements, approved work, a written release is be used according to Public to any Weld County employe* May 18, 1931,and all prior is ar as in force. required from the attending Health Statutes. or other individual,cup; doctor dating that the employee will be able to assume full FnwbveeRehre*rto Work sag 1. Department Heads and working responsibilities and Muted Co-workers or tat Elected Officials may contact duties.The injured employee fujag the Public Health Officer to must keep the Department Weld County is commthed to gather information about speak 4P LISHER Head/Elected Official and the providing a safe work concerns or educational needs Personnel Department informed environment for all employees. In their departments and of his condition. Injured Every precaution will bMena information on support services Subscri a sworn to before me this day employees who can perform see that the heath and safety of or referrals.The Department less demanding job dales may employees are not threatened Heed or Elected Official MI not of 19 q2.— be assigned other duties, If by medical conditions of co- reveal the identity of the /J available,by the Department waken or pubi l c. employes to the Public Health "/\Y A/l/f//'/t/A'w Head/Elected Official after conwitstcn with the Personnel In cases involving a NOTARY PUBLIC Department envm ileea g nle dieesee, 2. Department Heads and d etsrmMalw of safety In the E%esd CUSS my seas Ste �(� /' During any a full d'e wa*Pirea or be made bow the con ant Deportment,only with My commission expires -cf 2, %"/7L?._ CenpraaSerr Mess,a full tits on reasonable medical the consent of the affected e Department: the Health sanitary war at rpe e melodies ass. n cnrm1nY'r under Section p Legal Ambulance Department,the d. s...ia8 al sn eaugmest, Xm Y of a dfound on page dale G ,g V I s ,comb tied) Department. the Sheriff's handic of.epde "wSMe,and De et Sr first lug seams of Weld Crawly Personnel Paged Deprkwa,and the Coroner. handling of contaminated the Subsection entitled Handbook, and add the e npoyee.to pother Wormlike supervisor,Department Head. These Pans should Made the laundry ilitaibilindar under flowing: abort personnel decision*The or Bred Official. following: • procedure for providing Salton IX and found on paps Department Head or Elected . hepatitis veneration 33 01 the Weld County B.Gump Retirement All full Official will not reveal the Femmes from Patients ergs..Exposure Determination •procedure for post.exuwrd Personnel Polley Handbook, time employees,except those Marbly of the affected employes Eigib •IM of N jot clrticetm in evaluation and follow-u3-rldNdlhetrbWng: on P.E.RA must belong to the to the Personnel Department Weld County realizes that which all or some of the Including Workers County Retirement Plan. unless the employer epectbaly certain enpoyeee,as a result al employees have occupational Compensation reporting and Weld County will reimburse an consents to such IdsrSScetbn. their job,are at-rbk coneemkg erpowre enpoyeetesti g employee for some tuition Delete the lad hill sentence of exposure to the human •Id d at taro end procedures •procedure for recodkesping sperm"for job related courses the last paragraph of the jyleabilne Fiacts of p immunodeficiency virus(HIV), in which occupational exposure •procedures for training new that have been approved in Subsection entitled hepatitis B virus(HBV),and occurs and that are performed and weent employees including advenae.There tea tnt to the 'PROCFDURE TO CORRFCT When a communicable diners other bloodborne pathogens. by employees recordkeeping, trainer amount you can be reimbursed PAYROI L FRRORS• under affects the health of an Weil County hat chosen to set qualifications,and contra each quarter or semester. Section XIII and found on page employee to the point where up guidelines that conform to flare Doamentalcn • signs and labels to Contact Personnel for the 48 of the Weld County filter job prfanenoe suffers, the OSHA guidelines •engineering and workplace communicate hazards MIM S IMlt Personnel Policy Handbook. personnel decisions will be eenusle apprepnale weaned n ew ante pens btaeserey The Mubg d•prburee mat fleetl*goer,ineitdng Its Plans Mould be updated al Delete the abet lul nelence of SE IT PUMPER ORDAINED by w ept an am senor hem, here eempretenelve pew see, aewe*Mllity, and lead annually and whenever the ere paragraph of the the Beard that Pia Ordinance pebl•ne der eery%,career) sped%to deg deprrrr on nabesrtee necessary to reflect new or Srllleeeston entitled shad Scene eaeeae des day come to the attention of the flit In the Personnel •procedure*for a Neon and milled testa wit esaur"5 •j TORY PAYRf I I afar es fins public notice,as melded W Seam 314(7)al the Weld lane ReN Gage KCanaw. ,Cana Cowan L Nana Pro•T. C m TM obw* and tangoing Conon E.lacy Ordinance No.118-K w,on W.N.W.brr motion duly made and wounded, adepbad by the FIRST ItAENNG:Eepynbar following vole at the j day of 21,tr2 October,A.D,1887. ►UIUSNED:S.pbsb.r74, IND ATTEST:Donald D.Warden SECOND READING:Oeteber Wald County Cirkbvw Board 5,1107 FINIUNIEIN Octets 8,1107 BY:Carol A.Nardln7,Dpuy FNAL REAEI gli Oskar W. Oa tothe Board 1102 APPROVED AS TO FORM: In Ur Wkrdpr Mosian. Bruce Sarbr,Aermant County EFFECTIVE DATE:Mahn Attorney 77,1107 BOARD OF COUNTY COMMISSIONER*, WELD COUNTY,COLORADD :ry alai sales: 0.A man we a Saba edbemediallinin 4f M.APPEAL TO la WM1 _ _awwe w lap 0 a L ■PWRIKIR/I p aagu9p dad/Dew*the perm awl gabs aidapenal avtM Gina M gaaapwaen el the 4se.1a rgwvimoEml�i i Sosd. edn&aye l the kidded dddt AFFIDAVIT OF PUBLICATION BE R ORDAINED BY THE WORD le the edged matter of the 3. POSTPONEMENTS AND OF COUNTY COMMISSIONERS please. EXTENSIONS.Postponements of Of WELD COUNTY,COLORADO brags eta nMwlaw d Oa of THAT ORDINANCE NO.115415 SNP a. IMMEDIATE heap meg be regse d by sins STATE OF COLORADO AMENDED BY THE FOLLOWING SUPERVISOR RESPONSE TO any or by Nether designated Ss ORDINANCE: APPEAL the Invade etger*Yor representative. However, the all pee i.e employee et resew owing of arts pe•ge»nwm•or COUNTY OF WELD WHEREAS,the Board of County within five calendar days of the entritlwa mull be node any teen Comrdaloners of the County of pacaruledts MMvm. the Swag of god owe Ind Sat Weld.SW al Colored,.Faawb the dlsaeden of the Personnel I, KEITH HANSEN, of said County of Weld, being duly Colorado statute end the Weld . APPEAL TO Dire ctor. Postponements or County Home Rule Charter,is lap eARTMENT HEAD/ELECTED extension will net exceed two sworn, say that I am publisher of vested with the authority el OPPI0IAL If the employee le not weeks, unless there ere •dmdatering the dare of Weld tadeeed with the •upenar's r►acrdMey dlaerwWs.In the Crony,Colorado,and newer to the grievance, the wean mansion le gated sew WINDSOR BEACON WHEREAS.the Board of County morn new.WMin be diet must el the ddpwd employee, WHERaioas to of Ce end deal retains the wgevasts Islas ta net be algae for bock CormCeap,users o power Coven' mew,appalls supervisors my for the period d the.5.1en a weekly newspaper a general circulation in said Home Rule th.W red dye stwbMDepemwSthaw dabbed ay boarded having Colorado C Charter a Horne Rte Weed OMal.Such anapped County and State, published in the town of WINDSOR, Powers Ad,Male 3H r Tae e s ware be peen tad a Ming.The •.PROCEDURE MID EVIDENCE Pow ad In Mina 5 of stn wing real Sae the Satre l The hewing ad be conducted in said County and State; and that the notice, of which C S.adInTJ.dR under retaAi. and explain the ademdgwdsrlate.wy.db the annexed i a true copy, has been published in said Q eapiry peaks eespe strict Judea w technical Me of Ordinance Personnel Poky Mee procedure.A wide abide In the weekly for successive weeks, that the notice and regulations for the Cousin of Ew�p�g,ipyel M de d at , rarer PeareM the raped* Wail bete of Words ad WM le sulfate a n appal b positions should to afforded the was published in the regular and entire issue of every WHEREAS.onawary2RlNl, NrlSSi ty Demand Sin- psiweeei s/seeeMesr,nsnb; number of the paper during the period and time of the Bad Carty Commissions l the incident Maleb alas mists wider the AdaieweM publication, and in the newspaper proper and not in a mad end reenacted Ordawa soda of the gravers' 'ltd Procedure'Ad or a SWteto" supplement, and that the first publication of said notice 115,Ill-A.1168.116C,1164. eM/le o eta edema and ss,ay be Mace b twnMa pP ' ill-F. 1160. ll3-H W Win flew of parse rights for be toMm„Ia, AW,an Sodety. was in said paper bearing the date of the mans of 111,by MOM Weld bead, Canty Ordnwµw No.118.1.sal A Ent pay eel,garb o ds,g !� the hewing,be sated b submit 2 4- (�, q, WHEREAS.the Board of CSMy .al DDldf ht these mama arerag sty rndws / day of !�1^�/ , A.D., 19 !v and Comndatners of th.Cony l knaves wan the discipline Is bats mouldered by the Grasse the last publication b arin the date of the Weld.Sts el Coloreds.wa bbets adntdraed daily by the Board. Such memoranda shell �' Inds w d.wmaa,"thm am Deponent Had a Ended W Worms pert d the hewigreca need to amend°ortne d ,Os M employee*awn.P educe day of A.D., 19_ and County Ordnance No.1144,M M/.r ep ee. B. The Grievance Board may WIe eeea"y�Pg,'rnth°yp p add*wddymellowevidnce. that the said WINDSOR BEACON has been published weante for the benefit at the had*. HEAD/ELECTEDDEPARTMENT OFFICIAL C. The Grimm Board .hall continuously and uninterruptedly for the period of 5 mbt red wWse d 5w WWII d RESPONSE TO NE APPEAL The conduct•de revs hewing d the teCwedWaa DewarIHadrBeadCRS �� consecutive weeks, in said County and State, prior to the NOW, THEREFORE. EE IT dal d'a•'Peen answer to thedate"of first publication of said notice, and the same is a CROWNED W M Sad dcesty *dads employee wIhm live D.Both pramprammend lesser CROWNED within the meaning of an Act to regulate Cemmlsaoan of Weld CMty, dadr dins a to laoerwein l tray n tea behalf sod peal newspaper Cady p M/avaiw. eadnce which is relevant The printing of legal notices an advertisements, approved Colorado,, mat weld A5dyarrayenWopaa precast Me P g g PP Ordinate Ha 1164 he.M MpIA del edwrweay bocce•pre el May 18, 1931,and all prior is r as in force. is.Mended a MOW the hewing reined. Date AIMS Star PILING N AE FORMAL WRITTEN '�(FVANCE PRM:p GRIEVANCE. If the employee under Section IV reel Ott =with the Department Head E.In the event n employee is 135.1T/den era""d OMdd'a answer,the repnard ty n sassy.marl peps mglya meg We•and woiwn such reprentedon vast be Pe rsonnel n el N•MbSW.SW llrriaerrace with the Weld Cart Mea d ad to the d Ole Pommel a P LISHER ►ereervta Depsenent.Mare ten art tee Maar days pats the s, Sender d• of receiving the he•dg soda M Capp Mans rte' I QyPdsor apaw01�'Wr Department Dead or Elected Meter Mime may bepremed Subscri cl arrd s to before a this day ewgWee Odwb.Pnadwnep Owdl's written reeeenee.The to repradM Depaart Head et Of 19 Cj— v' Siva game and dearly axle Elected Official N the employee (a dwpbyee'a side efts err w cannot afford an attorney,the • 1 /� WS MNinclude the following: Grievance Bard may, at h 4 -eally what dealing or badbl tow a grunts a s /�� 4- BC/�L. :,, z e,ft- ,.. at,.M enp a Mang.oyee aag. an the attorney to represent PYOTARY:Lie Met remedy the employee I. wasps. 11// mad In the facts as they known to Mc F.Any attorney who represents•MI M commission expires /J-7t5 %c-7 ee pl.ye.,nomn y denteiat to Mangemployee l be pad by Y swans to tae any swam the employee.In no event Mil el M water])of the anpereleor Weld Crony,Is Bard of County rd Department Head or Elected Camiesk e m a Weld Gwa ay Mid. D,.. ._4 htlr8aed dlda.a other employee be obigeed to pay Sap M.RECONCILIATION.TS the grieving employee's attorney Weld County Personnel Dinear fees or any new Incurred by the may attempt to reconcile the employee in the course of the dillaracee, Memloo MSS PPM,. Step ii. SCHEDULING THE G.Pry Wad Casty enpwyee who i...j GRIEVANCE HEARING. If le mussed by Wes payb toed) , - - — resondidn Is unbroken by the S the hewing mat amply with to CD Weld Coup Persona Cana end must Flue b inner albwety 0 It a not successful,be Pommel upon request will aublect the _I Director has Man Wends daysma*b 6dparydn. /""1 I 0 from receipt of the Sian game I.1 . to at•pavane Grimmawing deb end H.The Grio Bad Members f i"7 \J.: ;i 0 to notify the employee end shall not conduct their own pre- - C) Demand Howl or Elected Official hearths Inveetlptlam or tan with . - . alto hewing M. the Elected Official or Deportment -`- Head or any other persons Delete d el the en Mad connected with Sa to case t the .-_, .� l 'GRIEVANCE HFARINQE•under facts of the ore.Discussions,if , Seal W end bard on Page 1e, any.paw to ew Marina SW be ' 13.15, 17,end 18 of the Wes united to Mambas with the N.) 4wly Perewewi Pty Sable Pared Diver a to p.oe*sS wadd the abuts salters app the method of First Reading — September 21, 1992 Pnseq to hanks W.W.Cedy GMaaha Raedpg 5. BURDEN OP MOOF. The Procaine am addled grieving employee will have Si. bairn A pia 6awrd to edit 1. PRESENCE AT NEARING. •pima cede mad routing Ws Praeen of emdove.invalv.d grievance.trim.fed'means Under no circumstances shall• eufhdenl evidence to prevail until hearing be condud.d without the overcome by otter evidence.The personal presence of the enployee Department Head/Elected Official who is requesting the hearing. shall then have the burden of However,an employee who Id to penuadng the Grievance Bond of appear at such hearing,without hitter midway way prapndanae of good son,a datndned by the to S ne.•heporderaa die Weld Wad Grievance Band,shall evidence" Is defined as that be deemed to dee waved hider evidence Midi n meet MMlndng dale to eliding. and satisfying In the controversy between the pros,os,ngndae of pontoon. in &mand.nn The which party may have produced grievance hearing Is not•public add evidence.Colorado CM Jay hewing.The Gdeva oe dad,the Irradiant 8n Sato 31(4). grieving party, pus ono represented*, the responding 6.RECORD OF NEARING A read Dspermwt Head a Becht Waal of the hearing shall be kept by an plus one representative, a eluded monadunit E.Iw representative of the Pasennel may request the use of.court Dperaen,the retarder,and my dater Mad of,a it addition to witnesses,wile giving tut mom, the electronic modify grit.TM are the only persons Mond to be requesting party shall pd for all peat a grind Ieaipe.The as asodded with ayes the court grieving muds shell be entitled darter. to to.era ..rid ad apraetd mid harm by n aanwy a my 7.DECISION OF THE GRIEVANCE other person of his choice.The [CARD.The edema Bawd Ad an end do npraS*the piedroa either grant or deny all,or any employee Mall be paid by the peon of.the aWoyed glance. employee.In no was shat Weld The Grievance Board will not County be obligated to pay the formulate any pond.s or employee's•tamn fees a an procedures, but may interpret eras soca'ap.N plevetee. policies rod pesetas at forth b TM epodetg Dprkrwnl Nelda the Weld Cunt/fame l Sky Boded OBdsl,a it.,apaew, Band k Weld Court Craned Ad beended*had ntearey No. 116, u amended. The repeon*.g Motu st M Meeq. Gievra Bond shell not fashion any binding remedy, but and t.COMPOSITION OF GRIEVANCE wpgen monodies to Department BOARD.TM Glevro Bond eldl HeabinW OtdM.A eddy tend al g a modes we Mod: vote of Ps Grievants Bond shat reineent de acid A.One Cwt employee Eden try Bead. tidal a the the Owing endow Out lad torn Netwr Site or dprNant add Upon cotpldn al We grievance Cord impede mg red be aged named and within le e: eMa • by eMerpeya addle data d tie beaind anddah• ' wlYa Veda al the Blaed it led B.One County noes ripen by ad•dedeNn ef the Gebvahn the Meld OBdu/OMapnm BON WS In prepared.A O9/will Ipal.band tm FAEEiedee a be distributed to the griming deportment .. opllgee,M—enpbyn' supervise, and DeprhmN: Hello