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HomeMy WebLinkAbout982237.tiff 1-C1.41 ORDINANCE NO. 118-P IN THE MATTER OF AMENDING THE PERSONNEL POLICY HANDBOOK BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and the Colorado County Home Rule Powers Act, Article 35 of Title 30, Colorado Revised Statutes, and in specific, under Section 30-35-201(7), C.R.S., to adopt by ordinance, Personnel Policy Rules and Regulations for the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners has previously adopted Ordinance No. 118-J, the Weld County Personnel Policy Handbook, and has adopted amendments in Ordinance No. 118-K through 118-O, and WHEREAS, the Board of County Commissioners hereby finds and determines that there is a need to amend portions of said Ordinance No. 118-J, as amended, and WHEREAS, this Ordinance is for the benefit of the health, safety, and welfare of the people of the County of Weld. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Ordinance No. 118-J, as amended, be, and hereby is, amended as follows: SECTION IV, AFTER SUBSECTION CONDUCT: Add the following subsection: WORKPLACE VIOLENCE: Weld County is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general, Weld County has adopted the following guidelines to deal with intimidation, harassment, or other threats of(or actual) violence that may occur during business hours or on its premises. All employees, including supervisors and temporary employees, should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of Weld County without proper authorization. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near your work station, do not try to intercede or see what is happening. 982237 ORD118 RE: ORDINANCE NO. 118-P PAGE 2 Weld County will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, Weld County may suspend employees, either with or without pay, pending investigation. Anyone determined to be responsible for threats of(or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. Weld County encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or Personnel Services before the situation escalates into potential violence. Weld County is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns. SECTION IV, REPLACING SUBSECTION SEXUAL HARASSMENT: Delete the subsection "Sexual Harassment," and add the following: HARASSMENT: Weld County strongly disapproves of and does not tolerate harassment of any kind. Any form of harassment that violates federal, state or local law, including, but not limited to, harassment related to an individual's race, religion, color, sex, sexual orientation, national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition, handicap, or disability is a violation of this policy and is grounds for discipline, including discharge. It is the responsibility of every employee to avoid offensive or inappropriate behavior at work and to assure that the work place is free from harassment at all times. Examples of prohibited conduct include, but are not limited to: lewd or sexually suggestive comments; off-color language or jokes of a sexual nature; slurs and other verbal, graphic or physical conduct relating to an individual's gender; and any display of sexually explicit pictures, greeting cards, articles, books, magazines, photos or cartoons. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 1. Submission to the sexual harassment is made either explicitly or implicitly a term or condition of employment. 2. Submission to or rejection of the harassment is used as the basis for employment decision affecting an individual. 3. The harassment has the purpose of the effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. 982237 ORD118 RE: ORDINANCE NO. 118-P PAGE 3 All incidents of sexual harassment must be reported immediately to Weld County Personnel Services. The Personnel Director or his/her designee will investigate such incidents. Upon completion of the investigation the Personnel Director shall report the findings to the appropriate Department Head or Elected Official for possible disciplinary action. All cases of sexual harassment will be handled with strong disciplinary action up to and including dismissal. SECTION VI, REPLACING SUBSECTION LEAVE OF ABSENCE WITHOUT PAY: Delete subsection "Leave of Absence Without Pay," and add the following: LEAVE OF ABSENCE WITHOUT PAY: With the exception of leave of absence for political candidacy, in accordance with Section 4-2 of the Weld County Home Rule Charter, and Medical Leave as defined in this Handbook, employees may be entitled to a leave of absence without pay for good and sufficient personal reasons after exhausting applicable paid leave. Each case will be considered individually. Application for leave of absence must be made in writing and must be approved in writing by the Department Head/Elected Official before the commencement of leave. Right of reinstatement shall terminate if the employee on leave engages in gainful employment. The maximum length of such leave of absence will be 90 days. Time taken off for other leaves of absence or any paid leave shall be included as part of the 90 day maximum. This leave may be extended only with approval of the Board of County Commissioners and then only upon written application giving compelling reasons. If an employee does not return to work on or before the agreed upon date or come to an agreement with management on an extension, the employee will be terminated. SECTION IX, REPLACING SUBSECTION APPEARANCE/DRESS: Delete subsection "Appearance/Dress," and add the following: APPEARANCE/DRESS: Weld County requires all employees to present a professional image to the public and our customers. Accordingly, each employee is required to wear appropriate attire. Employees working in an office environment with public contact are not authorized to wear denim blue jeans to work. Shorts are not authorized to be worn by any County employee while at work. If uniforms are provided employees may be required to wear them. Certain jobs in the County have specific safety requirements, e.g. hard hats, steel-toed shoes. Employees found in violation of this policy can be sent home without pay to change into proper attire and could be subject to further disciplinary action. SECTION IX, AFTER SUBSECTION CONFLICT OF INTEREST: Add the following: SEAT BELTS: Seat Belt use is mandatory for anyone operating or riding as a passenger in all Weld County vehicles. SMOKING: Smoking is prohibited in all county buildings and vehicles. 982237 ORD118 RE: ORDINANCE NO. 118-P PAGE 4 SECTION XI, SUBSECTION PAY STEPS: Add the following after Step 6: 7. Tenth Year Proficient Step: Employees who have completed 10 years in the same classification and have demonstrated sustained satisfactory performance at the Proficient Step as recorded through the performance appraisal system. Pay 112% of job rate. Movement to this step from the seventh year proficient step requires at least three (3) years of satisfactory performance at the seventh year proficient step. (Effective 12/16/1998) 8. Thirteenth Year Proficient Step: Employees who have completed 13 years in the same classification and have demonstrated sustained satisfactory performance at the Proficient Step as recorded through the performance appraisal system. Pay 115% of job rate. Movement to this step from the tenth year proficient step requires at least three (3) years of satisfactory performance at the tenth year proficient step. (Effective 12/16/1999) 9. Sixteenth Year Proficient Step: Employees who have completed 16 years in the same classification and have demonstrated sustained satisfactory performance at the Proficient Step as recorded through the performance appraisal system. Pay 118% of job rate. Movement to this step from the thirteenth year proficient step requires at least three (3) years of satisfactory performance at the thirteenth year proficient step. (Effective 12/16/2000) BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective five days after its final public notice, as provided by Section 3-14(2) of the Weld County Home Rule Charter. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 982237 ORD118 RE: ORDINANCE NO. 118-P PAGE 5 The above and foregoing Ordinance Number 118-P was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A. D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Constance L. Harbert, Chair Weld County Clerk to the Board W. H. Webster, Pro-Tem BY: Deputy Clerk to the Board George E. Baxter APPROVED AS TO FORM: Dale K. Hall County Attorney Barbara J. Kirkmeyer First Reading: November 18, 1998 Publication: November 25, 1998 Second Reading: December 7, 1998 Publication: December 9, 1998 Final Reading: December 21, 1998 Publication: December 26, 1998 Effective: December 31, 1998 982237 ORD118 Hello